Disciplinary lawsuit filed against Salihović, suspension sought

The High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC BiH) informs the public that the Office of the Disciplinary Prosecutor of the HJPC BiH today filed a disciplinary lawsuit against the Chief Prosecutor of the BiH Prosecutor's Office, Goran Salihović.

A complaint regarding a breach of duty by the Chief Prosecutor of the BiH Prosecutor's Office was registered ex officio, based on media reports, by the ODP on August 8, 2016. Following an investigation, the ODP determined that there is sufficient evidence that the defendant has committed disciplinary offenses under Article 57, points 7, 10, 11, 12, 19, and 23 of the Law on the HJPC BiH, namely: 

- Failure to request recusal from cases when there is a conflict of interest; 

- Engaging in inappropriate contact with a judge or parties to the proceedings;

- Allowing individuals not legally authorized to perform the duties of a prosecutor; 

- Interfering with the work of a judge or prosecutor with the intent to obstruct or devalue their activities; 
- Intentionally providing false, misleading, or insufficient information regarding job applications, disciplinary matters, promotion and advancement in service, or any other matters within the jurisdiction of the HJPC BiH; 
- Any other conduct that constitutes a serious breach of official duty or calls into question public trust in the impartiality and credibility of the prosecutor's office.

In the aforementioned lawsuit, the ODP requested the imposition of the disciplinary measure of dismissal from duty for the defendant. It also submitted a request to the First Instance Disciplinary Commission of the HJPC BiH to issue a decision suspending the Chief Prosecutor of the BiH Prosecutor's Office from performing his duties until the disciplinary proceedings are concluded.

Given that a significant portion of the evidence on which the lawsuit is based was collected from other state institutions and designated with a certain level of secrecy, in accordance with the Law on Protection of Classified Information, and considering the limitations imposed by this regulation, the ODP is unable to provide the public with more detailed information about the factual basis of the lawsuit. For the same reasons, the ODP has requested the exclusion of the public throughout the entire disciplinary proceedings.

The First Instance Disciplinary Commission of the HJPC BiH will, within the deadlines prescribed by the Rules of Procedure of the HJPC BiH, examine the allegations of the lawsuit and the request for temporary suspension from performing the duties of the Chief Prosecutor of the BiH Prosecutor's Office, submitted by the Office of the Disciplinary Prosecutor of the HJPC BiH.