It Doesn't Matter Who Sues You, as Long as You Name Who Judges You

We are most hurt by criticisms that we ourselves think or know to be true. Perhaps this can justify the sharp reaction of the Vice President of the High Judicial and Prosecutorial Council (VSTV), Ružica Jukić, to the statement by the American Embassy that transparent appointment of judges and prosecutors in Bosnia and Herzegovina is urgently needed. 
 
The international community has invested a great deal of time, money, and expertise to help us establish an independent, efficient, and professional judiciary. Judging by the state of the judiciary, it is clear they have not succeeded in that. The judiciary in BiH, generally speaking, is neither professional nor efficient, and least of all independent. It is shameful that for most of the leading figures in the judiciary, the public knows exactly which politicians they work for and whose interests they protect. 

International representatives in BiH are usually cautious in their statements, and we rarely hear criticism from them, especially such clear and direct criticism. This is why the surprise of some individuals at the criticism coming from the American Embassy regarding the VSTV is evident. They are accustomed to undeserved praise, so they are surprised by deserved criticism. The reaction of Milorad Dodik to the criticism from the American Embassy in BiH is particularly expected, as he is a frequent and satisfied „user of judicial services,“ most often in the role of defendant, but never convicted.

The judiciary is the weakest link in Bosnia and Herzegovina, but it is also the area whose reform would most quickly ensure progress for the state. Instead of the judiciary being a pillar that strengthens society, the BiH judiciary has become a pillar that destroys society. Instead of fighting organized crime and corruption, representatives of the judiciary have become an important part of criminal groups. Instead of arresting politicians and all others who enrich themselves illegally, they act on the orders of those same politicians to enrich themselves. Instead of solving murder cases, they help ensure those cases are never solved. We cannot hope for any progress as long as we have such a judiciary that ensures criminals, murderers, and mafia members move freely, while citizens fear for their lives, safety, and property.

Fortunately, every rule has exceptions, so in the BiH judiciary there are individuals who, despite this system, do their jobs professionally and independently of any influence. Since such a system is not easy to fix, it is better to focus on quality individuals, support them, and enable them to work unhindered. If we truly had an independent, efficient, and professional judiciary, we would not have half the problems we now face. A large number of politicians and other power brokers would be convicted of abuse of office, corruption, and organized crime, so we would have new, better politicians on the scene who, prevented from enriching themselves at the state's expense, would actually do something for the citizens and the state. Citizens' money would be spent on projects beneficial to citizens, and would not end up in private accounts at home and abroad. Contracts would be awarded to the best bidders, and jobs to the most capable candidates. But that is still a long and thorny path, and this message from the American Embassy in BiH is a positive step in clearing that path.
 

---

* Ivana Marić monitors and comments on political relations in BiH. Her areas of interest include political marketing, political psychology, election campaigns, political propaganda, public relations, reform of the BiH Constitution, public administration... She earned her master's degree from the Faculty of Political Sciences and the Faculty of Economics at the University of Sarajevo.