Semi-annual report of the TI BiH Legal Assistance Center: Citizens witness corruption more often

Banja Luka, 08/22/2022: The Center for Providing Free Legal Aid in the Fight Against Corruption Transparency International in BiH (TI BiH) acted in 154 cases related to corruption reports in the first half of 2022, and recorded 817 toll-free calls at 0800 55555 from citizens reporting corruption.

State administration continues to represent the sector in which the most irregularities were recorded, and in the first 6 months of 2022, 104 reports were recorded in this area, which represents an increase compared to the same period last year (66).

Judiciary (11), education (11) and private sector (14) are the areas in which the Center records a constant number of cases, while in the field of health, a decrease in the number of corruption reports (3) was noticed in the period from January to July 2022, compared to the previous year when the COVID-19 pandemic put negative pressure on this area.

The largest number of cases in this period refers to reports of persons who witness corruption, namely 84, which is an evident increase compared to previous years. Reports of whistleblowers (17) and persons who are victims of corruption (43), although relatively numerous, do not show a significant increase compared to the previous period, which suggests that citizens are more aware of the corruption they witness in their environment, but still lack the necessary institutional and legal protection to encourage them to report situations where they are victims of corruption or when they feel that they can suffer the consequences of reporting.

Based on the actions of the Center, in this period as many as 12 verdicts were passed in favor of TI BiH against public authorities at all levels of government in BiH, namely against: the Banking Agency of the Federation of BiH, Elektroprenos BiH, the Federal Ministry of Displaced Persons and Refugees, Republic Administration for Geodetic and Property-Legal Affairs of RS, Assembly of the Zenica-Doboj Canton, Ministry of Agriculture, Forestry and Water Management of RS, Public Enterprise “Putevi RS”, KJKP “Rad” Sarajevo, Vodovod Kozarska Dubica, City of Trebinje, Municipality of Hadžići, and RTV Velika Kladuša.

In the same period, 3 recommendations of the Institution of Ombudsman for Human Rights of Bosnia and Herzegovina were issued based on the Center’s petitions, and 11 administrative disputes were initiated against public authorities for failure to provide information of public importance.

Through the Center, TI BiH participated as an “intervenor” in proceedings against the Indirect Taxation Authority of BiH due to discrimination against Emir Mešić, a whistleblower who sued this institution for retribution that occurred as a reaction after his reports on corruption. As an interested party in one of the most significant proceedings in the field of whistleblower protection in BiH, TI BiH provided assistance and legal support to Mešić in protecting his rights as a person who reports corruption.

Apart from this case, the Center was also active in cases of appointment to public positions of persons who do not meet the requirements, and after the action of the Center for Providing Free Legal Aid, some of the appointments were annulled. Thus, in one of the cases, the Administrative Inspection of the RS established that Branislav Zeljković was illegally employed as an expert advisor in the Republican Administration of Civil Protection of the RS. He was appointed to this position even though he did not meet the requirements, and after he was dismissed from the position of director of the Institute for Public Health of the RS due to procurement irregularities during the COVID-19 pandemic, as TI BiH also pointed out.

In the same way, TI BiH reported to the Administrative Inspection of RS that acting director Nenad Ćuk, deputy director of the Republic Administration of Civil Protection of the RS, does not meet the requirements to be in that position, which was confirmed by the call to dismiss him from this position.

As a result of the Center’s actions, the BiH Border Police conducted a disciplinary procedure and confirmed the responsibility of a border police officer who demanded a bribe while performing his duties at the Brod border crossing.

TI BiH Center for Providing Legal Aid in the Fight Against Corruption provides advisory legal assistance to citizens, who can contact the Center via the toll-free number 0800 55555 or via the platform prijavikorupciju.org.

Press rls_22.08.22_