After the report of TI BiH, the Chief Prosecutor of the Prosecutor’s Office of Tuzla Canton was fined – he rented business premises to lawyers who represented the accused

In the end, a public reprimand was issued to the Chief Prosecutor, published in an anonymized form, so that the general public did not receive any information about this case. In this way, the practice of mild disciplinary policy towards judicial office holders continues.

Banja Luka, September 3, 2020 — The Chief Prosecutor of the Tuzla Canton Prosecutor’s Office, Tomislav Ljubić, was issued a public reprimand for renting business premises to lawyers who defended the accused in the criminal proceedings of this prosecutor’s office, thus “damaging the reputation of the prosecutor’s office”. This happened after the report sent to the Disciplinary Prosecutor’s Office by Transparency International in BiH, and the data show that in at least 13 proceedings, this Prosecutor’s Office concluded plea agreements with the accused represented by the disputed lawyers.

– The defendant, as the Chief Prosecutor of the Cantonal Prosecutor’s Office, entered into a long-term business relationship with lawyers who represented the accused and their interests in the criminal proceedings against which the Cantonal Prosecutor’s Office filed indictments. possible situations that could have led to the disqualification of the Cantonal Prosecutor’s Office by which he committed disciplinary offenses under the Law on the High Judicial and Prosecutorial Council of BiH, which relates to conduct that damages the reputation of the prosecutorial office, it is stated in the first instance decision of the Disciplinary Commission.

However, the commission relativized the importance of the concluded plea agreements, with the explanation that the chief prosecutor is not a key person in concluding the plea agreement. It is important to point out, however, that the disputed lawyers represented the interests of the other party in at least 50 criminal proceedings initiated by this Prosecutor’s Office. As mitigating circumstances, it was taken that Ljubić “never entered his own premises, which he rented out to lawyers”.

Apart from damaging the reputation of the prosecutor’s office, Ljubić was also declared responsible because he was late in making decisions on complaints that the parties referred to orders not to conduct investigations. In two cases, the decision was waited for more than a year, although it had to be made within three months. In his statement, Ljubić pointed out that the time of resolving complaints has no significance because “only 0.01% of those complaints had a basis”. However, the disciplinary commission rejected this explanation, stating that a deadline longer than one year could not be considered a “reasonable deadline for resolving complaints.”

Notwithstanding all these circumstances, the Chief Prosecutor was eventually given a public reprimand , published in anonymized form, so that the general public did not receive any information about this case. In this way, the practice of mild disciplinary policy towards judicial office holders continues.

The High Judicial and Prosecutorial Council of BiH rejected the request of the TI BiH to submit the decision of the second instance disciplinary commission, and the first instance decision was published on the VSTS website only after the TI BiH requested it. The HJPC continues with the practice that it publishes final decisions in disciplinary proceedings, even when public reprimands are issued, exclusively in anonymised form, which in itself makes the institute of public reprimand meaningless. TI BiH has long insisted that this practice be changed because these warnings are neither preventive nor repressive. For example, in 2018. out of 29 disciplinary measures imposed, 17 are public and written warnings to judges and prosecutors, but the HJPC hides their names and specific information about the acts committed. In several cases, they refused to provide this information to TI BiH, explaining that it protects the decision-making process.

Press rls 3.9..2020..docb