Judicial reform key to fight against corruption

Sarajevo, decembar 9th 2024 – December 9th, International Anti-Corruption Day was marked in Sarajevo today, which was an opportunity to emphasize the urgent need to enhance the fight against corruption and strengthen the rule of law. The conference provided a platform for key institutions to engage in a dialogue on the state and possible solutions in the field of justice sector reform.

Corruption in Bosnia and Herzegovina remains a serious concern, requiring intensified efforts to achieve a consistent track record in combating corruption. Judicial reforms addressing systemic challenges, restoring public trust, and upholding the rule of law are needed. To this end, BiH must establish an effective Justice Sector Reform Strategy as soon as possible. Furthermore, key legislation – i.e. the Law on the HJPC and the Law on Courts of BiH – are expected to be aligned with the EU standards. The civil society has an important role in providing suggestions to policymakers on how to shape future judicial reform. Thhese are some of the messages from the conference organized by Transparency International in Bosnia and Herzegovina (TI BiH) and the EU4Justice project, with the support of the European Union.

“For Bosnia and Herzegovina there can be no progress towards EU membership without progress in the rule of law and fight against corruption. This is not only essential on the EU path but will also improve the quality of life for people in Bosnia and Herzegovina and foster long-term development. We will continue to be a loyal partner to Bosnia and Herzegovina by supporting efforts to strengthen the rule of law and the fight against corruption. The citizens of this country expect that this will be a top priority for political actors, and they can count on our support,” said Adebayo Babajide, Deputy Head of the EU Delegation to Bosnia and Herzegovina.

The conference, which brought together representatives of institutions from all levels of government, international and regional organizations, discussed the current state of the judicial reform, the consequences of the lack of reforms on widespread corruption in the country, within two panels.

Minister of Justice of BiH, Davor Bunoza, one of the keynote speakers and panelists, said:”Reform of judiciary is a difficult road that we have to cross on the way to the EU. We must adopt and apply laws for our own sake. Harmonization of regulations with the EU acquis will always result in a higher degree of rule of law. The judicial reform has started, the results will not come overnight.”

At the conference, the importance was pointed out that reforms must lead to the independence, efficiency and integrity of the judiciary, which will be able to process high-level corruption cases and respond to the key challenges facing BiH. Also, it was stressed that it is necessary to strengthen the mechanisms of integrity and accountability of judicial office holders, as well as to reduce inappropriate influences by improving the process of appointing judges and prosecutors.

“The judiciary in BiH is in a state of complete institutional captivity, which results in impunity for political corruption, and often in the instrumentalization of the judiciary to achieve the particular interests of the ruling oligarchy itself. Unfortunately, despite the fact that reforms to strengthen the rule of law and strengthen integrity in the judiciary itself are highly prioritized in the European integration process, their effects so far could hardly be characterized as anything other than a farce,” said Srđan Blagovčanin, Chairman of the Board of Directors of TI BiH.

The need to ensure both transparency of the process and a quality systemic solution regarding the new Law on the HJPC was emphasized, and comments and suggestions for improvement were addressed, especially when it comes to specifying provisions on preventing conflicts of interest, the appointment of prosecutors and judges, as well as members of the Council, and the criteria for selecting members of the Council were discussed. The importance of inter-institutional cooperation, asset forfeiture, and financial investigations as prerequisites for a more efficient fight against corruption was also discussed.

„Although we ourselves are not entirely satisfied with what has been achieved, we expect the efforts made so far to be recognized, as well as the results that no one can ignore. Among other things, we have a former Prime Minister of the FBiH government, a former state minister, who have been convicted of high-level corruption, and one of them is currently on trial before the Court of BiH. Through the investigations launched at the end of last year and this year which have resulted with the deprivation of liberty of the former President of the Court of BiH and former Director of the Intelligence and Security Agency, as well as with the investigation against the former Director of the Border Police, who is on the run, we have shown our determination to prosecute all those for whom we find evidence, regardless of their status or the function they perform,“ highlited Milanko Kajkanić, Chief Prosecutor of the Prosecutor’s Office of BiH.

With EU support, economic advisors have been vital in assisting prosecutors’ offices with financial investigations into economic crimes, organized crime, and corruption. Their efforts have resulted in 91 first-instance convictions, 13 second-instance convictions, 15 final acquittals, and 16 first-instance acquittals. This highlights the need for a systemic solution to ensure their permanent role and continued support for prosecutors, enabling effective handling of complex cases.

„The EU4Justice Project contributed to articulate concete activities and relevant indicators of the Action Plan with measures of the Reform Programme concerning the fight against corruption and organised crime. Recently, on 26 September 2024, the Project was involved in drafting the ‘Guidelines for Chief Prosecutors on Establishing Internal Coordination System of Forfeiting Proceeds of Crime’ that was adopted by the HJPC BiH. The Guidelines will ensure consistent and harmonized practice throughout BiH and facilitate prioritization of Organised crime and Corruption cases that contain proceeds of crime,“ cocluded Isabelle Arnal, EU4Justice Team Leader.

Press rls_9.12.24