TI BiH: New scandals in the judiciary deepen public distrust

It is not good practice for the HJPC not to allow the decision of the Second Instance Disciplinary Commission in the procedure against Gordana Tadić to be published until the parties in the procedure receive a written copy of the decision. Also, the recording of the conversation according to which Chief Prosecutor Tadic is meeting with the director of OBA, while he is being investigated, deepens public distrust in the Prosecutor’s Office of BiH and OBA.

Banja Luka, 21. September 2021. – Transparency International in Bosnia and Herzegovina (TI BiH) considers that it is not good practice for the High Judicial and Prosecutorial Council (HJPC) not to allow the decision of the Second Instance Disciplinary Commission in the proceedings against Gordana Tadić to be made public until the parties receive a written copy . The First Instance Disciplinary Commission imposed a disciplinary measure on the Chief Prosecutor of the Prosecutor’s Office of BiH to move from the position of Chief Prosecutor to the position of Prosecutor, and there is public interest in knowing whether the decision was confirmed by the Second Instance Disciplinary Commission.

TI BiH warns that disciplinary proceedings against judges and prosecutors are characterized by non-transparency in the form of anonymization of decisions issuing public reprimands, and that the public has an interest in being informed about all stages in proceedings against top judicial officials. Especially when disciplinary measures such as transfer or dismissal are imposed. The latest case, in which the HJPC explicitly prohibits the decision from being published until a written copy is delivered to the parties, only confirms the need to change the rules on disciplinary liability of judges and prosecutors to ensure transparency and transparency.

TI BiH also reminds that all this is happening while the video is circulating in the public, which shows that the Chief Prosecutor of the Prosecutor’s Office of BiH, Gordana Tadić, met with the Director of the Intelligence and Security Agency (OBA), Osman Mehmedagić, at a time when this Prosecutor’s Office investigations into his degree, which only deepens public distrust of law enforcement agencies. No one should use the function he / she performs to influence the prosecuting authorities, nor is it advisable for the Chief Prosecutor to meet with senior officials while they are being investigated.

Press rls_21.09.21_