TI BiH files lawsuit over withholding information regarding actions of BiH Prosecutor’s Office

The lawsuit was filed against the decision of the Appeals Council of the Council of Ministers of BiH, which justified the Prosecutor’s Office’s decision to deny public access to this information.

“We remind that OFAC’s statement included serious allegations against numerous high officials and an entire network of private companies involved in corruption and embezzlement of public funds, yet the public still lacks information on whether relevant institutions have investigated these claims,” stated Transparency International.

They particularly criticized that the Prosecutor’s Office, which was obligated to provide the Appeals Council’s decisions to TIBiH within five days, failed to do so for a full eight months, resolving the case only after the information became public. This unnecessarily delayed the initiation of administrative disputes before the Court of BiH, which could have been concluded promptly.

The Prosecutor’s Office justified withholding information related to individuals on OFAC’s blacklists by stating that it is not required to respond to questions but to “provide information available in written or any other form,” even though this information is of public interest and clearly under the Prosecutor’s control.

In a similar case, TI BiH sought information regarding the investigation into corruption related to the director of the High Judicial and Prosecutorial Council Secretariat, Admira Suljagić, but the Prosecutor’s Office also refused to provide this information, resulting in a delayed administrative dispute before the Court of BiH.

“It is particularly alarming that the new Law on Freedom of Access to Information in BiH, presented as ‘progress on the European path,’ does not foresee any sanctions for failing to provide a decision from the second-instance body to the complainant,” the statement noted.

In a week commemorating the International Day for the Freedom of Access to Information, TI BiH reminds institutions that their work is public and that transparency is the foundation of citizen trust in the system. Therefore, the actions of the Prosecutor’s Office and numerous other institutions do not contribute to building such trust.

They also referenced a situation where TI BiH initiated an administrative dispute after the Ministry of Justice of BiH refused to provide access to the Draft Law on the Court of BiH, claiming it could “seriously disrupt the determination of the draft law.”

Despite the Ministry’s obligation to ensure transparency in the legislative process of such an important law, the Appeals Council also rejected TI BiH’s complaint, asserting that the draft law underwent an e-consultation process, even though a completely different law was posted on the e-consultation portal.

Such actions by institutions that should ensure complete and timely access to public information certainly undermine public trust in their work. It is essential to remember that the right to access information is a fundamental human right, enabling citizens to oversee the work of institutions and ensure accountability from those elected to represent them.