TI BiH: Lustration is the only solution to the chaotic situation in the judiciary

The reputation of the judiciary has been damaged to such an extent by serious allegations and accusations of political influence, corruption, and inappropriate behavior of the highest holders of judicial office, that lustration, ie. comprehensive and objective scrutiny of all current judicial office holders is the only solution that could restore citizens’ trust.

Banja Luka, 31. May 2019 – Transparency International in BiH (TI BiH) believes that all allegations of corruption and inappropriate contacts of the President of the High Judicial and Prosecutorial Council (HJPC) with the parties must be investigated as soon as possible, and that mechanisms for verifying the integrity of office holders must be established. justice. Increasing allegations of inappropriate contacts between judicial officials, compromised appointments of judges and prosecutors, and clashes within the judiciary have led to a complete loss of confidence in the judiciary, which is expected to be independent and autonomous. For several years now, TI BiH has been receiving the largest number of corruption reports in the justice sector, together with the state administration and education, and has filed a significant number of reports against judicial officials for violating codes of ethics and the HJPC Law. In addition, the non-prosecution of political corruption reliably indicates the presence of political influence on the judiciary.

In its opinion on BiH’s application for EU membership, the European Commission pointed out that the current framework does not guarantee a sufficient degree of independence, autonomy and accountability to the judiciary, and that reform efforts are needed in the Constitution and the Law on the HJPC. TI BiH believes that the only solution is lustration, ie a detailed check of judicial office holders based on the Albanian model, because only in that way will the political and illicit pressures registered in almost all reports on the state of the judiciary be removed.

The lustration advocated by TI BiH would include changes to systemic laws, as well as a different composition and role of regulatory bodies that would have to examine in detail, not only the competencies of current judges and prosecutors, but also their property data, personal backgrounds and connections. in terms of possible links to organized crime. Lustration should be carried out by legal professionals who have not served in the judiciary in recent years, and whose moral and professional qualities guarantee impartiality in their work.

The aim of the lustration is to remove from the judiciary all those holders of judicial office who are not suitable for that due to lack of competencies, proven connections with criminal activities or other inappropriate connections with holders of political power. This mechanism is appropriate for transitional democracies, as a measure that supports the integrity of key sectors such as the police, judiciary, military, public administration, and which subject all holders of office in these countries to additional scrutiny.

The reputation of the judiciary has been tarnished to such an extent by serious allegations and accusations of political influence, corruption, and misconduct by top judicial officials that a comprehensive and objective review of all current judicial officials by special, independent regulators is the only way to dispel suspicions. corruption of the judiciary and stop its further downfall.

Press rls – 31.05.2019