TI BiH: The Law on the HJPC, Sent to the BiH Parliament, Still Does Not Ensures Adequate Control of Assets and Conflicts of Interest of Judges and Prosecutors

Sarajevo, July 5, 2023 – Amendments to the Law on the High Judicial and Prosecutorial Council (HJPC), which the Council of Ministers of Bosnia and Herzegovina referred to the parliamentary procedure, have been worsened by new changes in which the government seeks to weaken the mechanisms of prevention of conflict of interest and control of related persons and property records of holders of judicial functions. Transparency International in BiH (TI BIH) warned of the negative consequences of such moves and sent comments to the proposer of the law as well as a letter to the Parliamentary Assembly of BiH and clubs of representatives.

The proposal of the Law, which was referred to the procedure, even though it partially improves accountability mechanisms in the judiciary, does not address all the recommendations of the Venice Commission and the European Union, because the Council of Ministers introduced new changes that narrow the provisions on conflicts of interest and the range of information that holders of judicial positions and members of the Council must report in the property records. In addition, TI BiH has warned from the beginning that the obligation to submit property data is only for members of the same household. To be more precise, it leaves the possibility of reporting property to close relatives in such a way that the property is concealed and transferred, e.g. to adult children who do not live in the same household, which once again makes it possible to hide information about property and ways of acquiring it. It also leaves the possibility that those for whom there is an obligation to provide information on assets refuse to do so, which opens up additional space for circumventing the provisions on reporting assets.

In addition, the method of checking the reported data in the property registers is also controversial, leaving room for subjective assessment of risk criteria and unequal treatment in the selection of judicial office holders, which will ultimately represent an obstacle to the effective control of property and private interests of public office holders. On the other hand, sanctions for untimely submission or for knowingly submitting incorrect or incomplete information in property records are not adequately prescribed. It is also disputed that the Integrity Unit, which should be responsible for implementing provisions on conflict of interest and control of property records, was placed in the Secretariat of the HJPC, which calls into question its independence and impartiality in relation to the members of the Council themselves. The proposed changes still do not adequately resolve the issues of conflicts of interest and incompatibility of other jobs of judicial office holders, as well as the status and independence of the Office of the Disciplinary Prosecutor, which is a prerequisite for ensuring the accountability of judges, prosecutors and council members.

The fact that the government approaches such important reform laws in a way that tries to dilute fundamental reforms, which was also warned by the international community, and it should be remembered that there were several attempts to adopt the laws from the 14 priorities in a versionthat is worse than the existing one and which can additionally set back the state of corruption in BiH. That is why TI BiH calls on the Parliamentary Assembly of BiH to adopt, through the parliamentary procedure, solutions that are previously harmonized with European and international standards in order to avoid further undermining the already low public trust in judicial institutions, which according to all relevant research is at a historic low. in order to avoid further undermining of the already low public trust in judicial institutions, which according to all relevant research is at a historic low.

Press rls_05.07.23__