TI BiH asked the Chief Republic Prosecutor to order action in the case of Bobar Bank

Transparency International BiH sent an open letter to the Chief Prosecutor of the Republic, Mahmut Švraca, urging him to order the RS Special Prosecutor’s Office to act in the Bobar Bank case or for the Republic Prosecutor’s Office to take over the case. The Collegium of the Special Prosecutor’s Office recently concluded that it is not within its competence to act on criminal charges which, among other things, refer to the disappearance of almost ten million marks from the bank’s vault, where public funds were deposited. Before that, the District Prosecutor’s Office in Bijeljina handed over the case to the Special Prosecutor’s Office, believing that it was an organized crime, ie. on a matter that is not within their jurisdiction, which returned the case to the Bijeljina Prosecutor’s Office.

In a letter to the Republic Prosecutor Mahmut Švraci, TI BiH emphasizes that it is necessary to urgently undertake investigative actions, because it is his legal obligation to resolve a possible conflict of jurisdiction between the district prosecutor’s offices and order an investigation. Otherwise, public confidence in the political control of prosecutors will be strengthened, while over time it will become increasingly difficult to investigate the scale of the crime committed. It was especially emphasized that the explanation of the Collegium and the Chief Special Prosecutor about the incompetence of the Special Prosecutor’s Office is unconvincing, and that it is based on worrying arguments that are against the law and according to which prosecution of crimes affecting the economy and financial sector. it is not of special importance for the Republika Srpska. The decision to ignore all the circumstances of the scandal that has been shaking the public for months, explaining that the case is not within their competence, casts doubt on the legal work of this prosecutor’s office, the chief special prosecutor and all acting prosecutors, their competence and independence. TI BiH also pointed out the possibility of violating the Code of Judicial and Prosecutorial Ethics, if the Chief Special Prosecutor subordinated his call to personal interpretations of the competence of the institution he manages from motives that significantly resemble organized crime and avoiding work due to political instructions or other similar reasons.

TI BiH warned the Chief Republic Prosecutor that currently none of the investigative bodies, despite all criminal charges, including reports from the RS Banking Agency, is investigating the crime that led to the closure of Bobar Bank, causing incalculable damage to public funds, but also economic entities and numerous citizens.

Considering that in democratic societies the public has the right to inspect the work of prosecutor’s offices, especially the disputed decisions on which the initiation of investigations depends, TI BiH demands from the Chief Republic Prosecutor, who has significant and broad powers under the law, to resolve the issue of investigating the Bobar Bank case. by handing it over to the Republican prosecutors, or by ordering the special prosecutors to finally conduct an investigation.

Press rls – April 21, 2015

Open letter from TI BiH to the Chief Republic Prosecutor