Candidates Removed by Lukač Call on Minister Čampara to Act Within His Authority

A group of candidates who were disadvantaged in the competition for admission of cadets to the FUP Special Unit because Director Dragan Lukač removed four Bosniaks who were among the top 15 ranked from the list has been demanding respect for the law and an adequate response from the Police Board for days. One of the candidates, Hamdo Maličević, to whom Lukač said that FUP is neither an "employment agency nor a social work center," has left BiH, reports the Patria agency.

The candidates warn that both Director Lukač and FUP should protect the Law ex officio.

- We are not asking for anything other than respect for the Law. We also ask that Minister Aljoša Čampara act in accordance with his powers as prescribed in the Law on Internal Affairs. We ask that the Prosecutor's Office act according to the Law, we ask that the court act in accordance with the Law, if the Police Board does not protect the legality in the selection of candidates for the FUP Special Police Unit - states the letter received by Patria.

Legal experts have analyzed this case and determined that the following laws and regulations have been violated:

Law on Police Officers of the Federation of BiH (Official Gazette of FBiH No. 27/05; 70/08 and 44/11)

Article 51.

 Rules of the selection procedure 

(4) The Selection Committee:  

a) determines the content of the tests from paragraph 2 of this article, with the approval of the manager;  

b) determines the final result for each candidate based on the total sum of the results of each test;  

c) issues a list of candidates who have taken the tests by decision;  

d) proposes the candidates with the highest number of points from the list referred to in point c) of this paragraph, for employment in accordance with the advertised number of vacant positions. 

Article 52.

Notification

(1) The police authority publishes on its notice board the list with the results achieved on each test as well as the final results of all candidates who have taken the tests no later than thirty days from the date of the last test. The score list shall also include candidates who have successfully completed the testing and candidates proposed for employment.  

Article 53.

Appeal against the decision of the Selection Committee  

(3) "Only after the Police Board has decided on all submitted appeals will the manager approve the final list of all candidates proposed for employment.

Director Lukač made the list even before the Police Board considered the appeals. 

Law on Internal Affairs of the Federation of BiH (Official Gazette of F BiH 81/14)

Article 35

Work of police officers

The work of police officers is subject to non-discrimination on any grounds such as gender, race, skin color, religion, ethnic or social origin, affiliation with a national minority, political or other opinion, property, birth or other status

Article 89.

Violations of official duties by the police director

4) Providing inaccurate information that affects the decision-making of competent authorities

7) Concealing facts about the manner of performing official tasks

11) Carrying out activities that are not in accordance with the interests of the Federal Ministry and the Police Administration or that damage the reputation of the Federal Ministry and the Police Administration.

14) Issuing orders whose execution would constitute a criminal offense

15) Discriminating in the performance of duties based on race, skin color, gender, language, religion, political or other affiliation, national or social origin, or on any other grounds.

The candidates also ask Minister Čampara what he has done to protect the Laws and the Constitution from the police director?

With his illegal actions, Lukač is well on his way to committing criminal offenses:

• Abuse of position or authority (Article 383 of the Criminal Code of FBiH)

• Violation of equality in employment (Article 279 of the Criminal Code of F BiH)

• Arbitrariness (Article 370 of the Criminal Code of F BiH), and finally

• The Constitution of F BiH which in CHAPTER II, Article 2, point d) literally states: "prohibition of all discrimination based on race, skin color, sex, language, religion or belief, political or other opinions, national and social origin" and finally

• Law on Prohibition of Discrimination (Official Gazette of BiH No. 59/09)

Given the fact that it is now the turn of the Police Board, which in this case is the SUPERVISORY BODY, as well as Minister Čampara, who according to the Law on Internal Affairs exercises administrative supervision over the work of the police administration (Article 64, Article 96 of the Law on Internal Affairs of F BiH (Official Gazette of F BiH 81/14), we are forced to wait and see the reactions of the currently competent bodies and responsible persons, which must occur during this week due to legal deadlines. 

We remind you that Hamdo Maličević, Nadir Čengić, Halil Ćelović and Edvin Smaka were removed from the list.