Has the right to appeal: Jezdimir Spasojević, Deputy Chief Prosecutor of the Tuzla Canton Prosecutor's Office, dismissed

(Patria) - The Second Instance Disciplinary Commission for Prosecutors of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC BiH/Council) in the case against the accused Jezdimir Spasojević, Deputy Chief Prosecutor of the Tuzla Canton Prosecutor's Office, deciding on the appeal of the accused and the Office of the Disciplinary Prosecutor (ODP), passed a Decision amending the decision of the First Instance Disciplinary Commission of 13.7.2021 and imposed a disciplinary measure: Transfer from the position of Deputy Chief Prosecutor of the Tuzla Canton Prosecutor's Office to the position of Prosecutor of the Tuzla Canton Prosecutor's Office and a Public Reprimand.

By the decision of the First Instance Disciplinary Commission for Prosecutors of 13.7.2021, the accused Jezdimir Spasojević was found responsible for the disciplinary offense from Article 57, point 23 of the Law on HJPC BiH, "any other conduct that constitutes a serious violation of official duty or calls into question public trust in the impartiality and credibility of the prosecutor's office," in connection with the violation of the Code of Ethics for Prosecutors, namely: A prosecutor refrains from membership in groups and organizations, or participation in public discussions which, in the public's opinion, undermine trust in the impartiality of prosecutors; A prosecutor behaves in a manner that affirms public trust in the integrity of the judiciary; and A prosecutor, like any other citizen, has the right to freedom of expression, thought, conscience, religion, association, and assembly, but in exercising these rights, must always behave in a manner that preserves the dignity of the prosecutorial function, the impartiality and independence of the judiciary, for which the disciplinary measure of Public Reprimand was imposed for the aforementioned disciplinary offense, applying the provisions of Article 58, paragraph 1, point (b) and Article 59 of the Law on HJPC BiH.

Regarding the offenses from Article 57, point 8 of the Law on HJPC BiH, "negligence or carelessness in the performance of official duties," the disciplinary lawsuit of the ODP was rejected as unfounded. Both the accused and the ODP appealed the decision.

By the decision of the Second Instance Disciplinary Commission for Prosecutors, the accused was found responsible on several points of the disciplinary lawsuit for disciplinary offenses committed under Article 57, point 8 of the Law on HJPC BiH, "negligence or carelessness in the performance of official duties," and violation of the provisions of the Code of Prosecutorial Ethics from Article 5.5 "A prosecutor performs their function in an efficient and lawful manner, within a reasonable time" and Article 2.1 "A prosecutor behaves within and outside the prosecutor's office in a manner that maintains and enhances public trust and the trust of other participants in the proceedings in their impartiality, as well as the judiciary as a whole," as well as for the disciplinary offense established in the decision of the First Instance Disciplinary Commission from Article 57, point 23 of the Law on HJPC BiH, "any other conduct that constitutes a serious violation of official duty or calls into question public trust in the impartiality and credibility of the prosecutor's office" in connection with the violation of the Code of Ethics for Prosecutors, namely Articles 2.2.2, 4.2, 4.3.

In the reasoning of the decision, the Second Instance Disciplinary Commission applied the general standards of freedom of public expression for judicial office holders in accordance with the judgments of the Constitutional Court of Bosnia and Herzegovina and the European Court of Human Rights.

For the aforementioned disciplinary offenses, the accused was imposed disciplinary measures based on the provisions of Article 58, paragraph 1, Article 58, paragraph 1, points b) and e), and Article 59 of the Law on HJPC BiH: Transfer from the position of Deputy Chief Prosecutor of the Tuzla Canton Prosecutor's Office to the position of Prosecutor of the Tuzla Canton Prosecutor's Office and a Public Reprimand.

An appeal against the decision of the Second Instance Commission of the HJPC BiH can be filed with the Council as a whole within 8 days of receiving the decision. The decision of the Second Instance Disciplinary Commission can only be challenged due to the imposed disciplinary measure, in accordance with Article 103, paragraph 2 of the Rules of Procedure of the HJPC BiH.