TI BiH: opens up additional space for impunity for high-level corruption

Banja Luka, December 21, 2023 – Transparency International in BiH (TI BIH) warns that the Draft Law on Immunity of the Republic of Srpska, to be considered by the National Assembly of the Republic of Srpska, opens a huge space for crime and impunity of criminal acts of corruption committed by the highest officials.

Such a law would amnesty the holders of the most responsible executive functions of criminal prosecution for any acts they commit “within their jurisdiction”, which is contrary to all international standards, and the reason why TI BiH sent comments on this law and requested its withdrawal from further proceedings.

It should be reminded that this law, apart from MPs, also grants immunity to the holders of executive functions – the President and Vice-Presidents of the Republic of Srpska and members of the Government – which would lead to the loss of the essence of the immunity itself, since the general tendency is to narrow the scope of immunity. Particularly problematic is the retroactive application of the law, which is provided by the Constitution of the Republic of Srpska only as an exception, if the general interest is determined.

TI BiH reminds that the UN Convention Against Corruption (UNCAC) foresees the establishment of balance between the immunity given to the highest officials and their responsibility for possible criminal acts. A similar view is shared by the Venice Commission, which in its “Report on the Scope and Denial of Parliamentary Immunity” believes that this form of immunity is an old and traditional institution, not applicable in functional democracies, the misuse of which necessarily leads to violations of the law and obstruction of justice, undermining democratic capacity and trust in institutions.

Along with the comments on the draft, TI BiH warned the MPs about the potential harmful consequences for legal certainty and the rule of law, as well as the inconsistency of such a legal solution with international standards and called for such a legal solution to be withdrawn from the further procedure.