EU Delegation, US Embassy and OSCE Write to HJPC: Citizens of BiH Deserve an Impartial Judiciary

SARAJEVO, (Patria) - A letter was sent to the President and members of the High Judicial and Prosecutorial Council, signed by representatives of the EU Delegation, the US Embassy and the OSCE, regarding the scandal that shook the HJPC. 

"The HJPC of BiH has developed and adopted a number of very important reforms in 2018. The common goal of all these reforms was to strengthen the rule of law in BiH and build trust in the judicial system, especially regarding citizens' perception. The European Commission and other members of the international community have expressed their satisfaction with these reform efforts to the Council. Recently, unfortunately, we have observed certain worrying phenomena that negatively affect the implementation of these reforms, related to the areas of submitting asset declarations, performance evaluation, and the procedure for appointing judges and prosecutors. Although certain difficulties in implementation are a common occurrence in any reform endeavor, and the Council has already recognized the need for periodic progress checks – for example, checking the impact of the evaluation reform at the end of the year – these phenomena are more serious and appear to be an attempt to delay or even call into question the joint reform efforts undertaken in the past period," the letter states. 

The senders of the letter refer to the last session of the Council, at which the long-awaited procedure for appointing four chief cantonal prosecutors (out of a total of ten in the Federation of BiH) was not carried out.

"The image of the HJPC of BiH in the eyes of the public has been damaged by these delays, which could have been easily avoided through timely planning and communication. Nine candidates who were waiting to present their work programs were sent back at the last minute due to – at best – poor planning by the HJPC of BiH. This is not the first time that the HJPC of BiH has mismanaged the appointment procedure. It seems that certain appointments are favored and are completed surprisingly quickly, as was the case with the appointment of the chief district prosecutor in Doboj in March 2019 – while others wait for months, even years. According to information presented at the HJPC of BiH session in April 2019, there are currently a total of 44 vacant leadership positions in the judiciary. Favoring certain appointments while delaying others creates the impression that there are political or other reasons guiding the Council's decision-making," the letter states. 

As the signatories of the letter say, "another problem is observed in the delayed appointment of the mentioned chief prosecutors, namely the inconsistency of the HJPC of BiH in appointment procedures."

"The appointment of these prosecutors was delayed due to late submission of materials. According to the HJPC of BiH Rules of Procedure, these materials should have been submitted at least two days before the start of the session. However, we have noted in at least two previous cases that the appointment was not delayed, even though materials were received less than 48 hours before the session: at the HJPC of BiH session held on 20.12.2018, at which ten judges were appointed, including two judges of the Supreme Court of the Federation of BiH, as well as at the HJPC of BiH session held on 24.01.2019, at which four judges were appointed to positions in courts in the RS. Delays and inefficiency in appointment procedures undermine the rule of law in BiH. On 17.05.2019, the EU received a letter from Ms. Aleksandra Martinović, President of the Constitutional Court of the Federation of BiH, pointing out problems in the functioning of that Court due to the 'unreasonably long process' of filling vacant positions in that court (for example, two positions have been vacant since 2015). The HJPC of BiH is a bottleneck in this process, given that it is responsible for proposing candidates for further action by relevant bodies," state the EU Delegation, US Embassy and OSCE Mission.

The signatories called on the HJPC of BiH to address these issues immediately, including at the next session scheduled for 29 and 30.05.2019. The Council should exercise its mandate by appointing the highest-ranked candidates to the positions of four chief prosecutors based on expertise and free from any undue influence. 

"Furthermore, the systems for performance evaluation and submission of asset declarations, which were reformed by the Council's regulations in 2018, in line with EU recommendations, have also been called into question. Recent requests to reduce the level of transparency and quality of these reforms cast doubt on the commitment of judicial office holders to strengthening the integrity of the judiciary and are in direct contradiction with European standards. Although independent, judicial office holders must also be accountable. To gain citizens' trust in court proceedings, the judiciary must also be impartial, professional and efficient. Recent events may affect future financial assistance, while visible progress in the judicial reform process would ensure continued significant support from the EU, the US and other international investments, which in turn drive that progress. The HJPC of BiH is accountable to the citizens of BiH, who deserve a fair and impartial judiciary sector, free from influence. The Council has a key role in creating a more stable, prosperous and democratic society in BiH. We, the undersigned, as well as the citizens of this country, will continue to closely monitor the Council in fulfilling this mandate," the letter stated.