Coalition in FBiH to change laws on September 4, opening the way for HDZ to the position of Federal Police Administration Director

By: Amra Vrabac

Amendments to two laws will be considered on an urgent basis at the emergency session of the House of Representatives of the FBiH Parliament, scheduled for September 4, along with the Agriculture and Rural Development Strategy of the Federation of BiH 2021-2027 and the Harmonization of the Bill on Amendments to the Law on Waste Management. Although MP Admir Čavalić requested that the Law on the Southern Interconnection also be considered at this session, such a request was rejected. Previous attempts by the SDA Club to finally put the Southern Interconnection back on the agenda have also been rejected by the parties of the 'Trojka' and HDZ. However, the FBiH Government has not yet submitted its law, which was previously withdrawn, to the procedure.

At its session on July 18, the FBiH Government, at the proposal of the Federal Ministry of Internal Affairs, determined the draft laws amending the Law on Police Officers of the Federation of BiH and the Law on Internal Affairs of the Federation of BiH.

Regarding the Law on Internal Affairs of the FBiH, the adopted amendments remove the provision that stipulated that during the public competition and the term of office, a candidate for the director and deputy director of the Federal Police Administration must not meet the conditions for retirement.

The explanation from the FMUP states that due to the specifics of the promotion of police officers to higher ranks, which is done only for vacant positions, and specific promotion procedures, the situation has arisen where no police officer from the Federal Police Administration with the rank of chief inspector meets the conditions to apply for the position of FUP director and deputy director because they would meet the conditions for retirement during their term of office, and according to the Law on Police Officers, employment is terminated automatically.

The Federal Ministry further states that a similar or identical situation exists in most cantonal ministries of internal affairs with police officers who meet the rank requirements, i.e., can be candidates for FUP director or deputy director.

Incidentally, the FUP has been without a director for years, and since last year, it has also been without a deputy director who was leading the FUP, forcing the FBiH Government to extend the acting director's mandate. The FUP is led by Vahidin Munjić, who is under investigation by the BiH Prosecutor's Office.

Due to the situation with the absence of an Independent Board since August 2022, a competition for the FUP director could not be announced.

The application procedure for members of the Independent Board is underway, and submitted applications will be opened on September 3. With the adoption of these amendments to the two laws, the Independent Board will have the opportunity to announce a competition under the new amended conditions for the director and deputy director.

The amendments remove paragraph 8 of Article 54 of the Law on Internal Affairs of FBiH

These amendments will also benefit individuals close to HDZ from other MUPs who wish to apply for the FUP director position.

HDZ wants the director's position, and this has been clearly stated as a demand to the Federal Prime Minister Nermin Nikšić and the 'Trojka' parties (SDP, NIP, Naša stranka).

The Law on Internal Affairs specifies that the Minister of the FBiH MUP and the FUP Director cannot be from the same constituent nation. However, according to Damir Džeba, president of the Club of Croats in the House of Peoples of the PFBiH, this means that if the minister is Bosniak, the FUP director "must be a Croat."

According to information available to Patria, HDZ has already found a candidate for FUP director. This is Ivan Brkić, the current police commissioner of the West Herzegovina Canton MUP. Given that Brkić's official biography cannot be found on the West Herzegovina Canton MUP website, it is possible that Brkić would not have met the conditions without the amendment to the legal provision as proposed by the Federal Ministry of Internal Affairs.

Incidentally, the West Herzegovina Canton MUP is a breeding ground for police personnel close to HDZ. The former police commissioner of this MUP was Zoran Galić, from where he was appointed director of the BiH Border Police. He then attempted to become FUP director, but the FBiH Government did not appoint him, and he was subsequently appointed deputy director of SIPA. Ultimately, he became a wanted fugitive because he illegally fled BiH to Croatia and evaded arrest on the order of the BiH Prosecutor's Office for the criminal offense of receiving gifts and abuse of office while he was the director of the BiH Border Police. He held the position of director of the Border Police for two terms. He was succeeded by Mirko Kuprešaković, another HDZ appointee.

Regarding the Law on Police Officers of the FBiH, conditions for the termination of employment for police officers have been established. One of the conditions for termination of employment is when a police officer meets the conditions for retirement. Since the termination of employment for a police officer, as defined in Article 122, point 3 of the Law on Police Officers of the FBiH, is not harmonized with the provisions of the Law on Pension and Disability Insurance of the FBiH, it is necessary to amend this provision of the Law on Police Officers of the FBiH so that police officers can exercise their rights, i.e., exercise their rights to pension and disability insurance, in accordance with the valid regulations governing this matter.

Thus, Article 122, point 3 is amended so that a police officer's employment terminates upon reaching the age of 65 and at least 15 years of insurance period or at least 20 years of pension period, or upon reaching 40 years of insurance period regardless of age, except for a police officer appointed as director or deputy director of the police administration, whose employment terminates at the end of their mandate in accordance with the Law on Internal Affairs of the FBiH.

HDZ President Dragan Čović announced a meeting of the parties forming the government at the FBiH level for the end of August to clearly define the obligations and duties that the FBiH Government and both houses of the FBiH Parliament must fulfill.

He announced that the last three months of this year will be intensive for the ruling structure, and the resolution of the Election Law of BiH remains an obligation for the next year.