New conflict between OSCE and BiH Prosecutor's Office: Judge Korner criticized war crimes case handling

After Judge Joanna Korner criticized the work of the BiH Prosecutor's Office on war crimes cases in her analysis, the institution's spokesperson stated that this is an attack on the judiciary, writes BIRN, reports Patria agency.

Judge Korner concluded that it is necessary to review and control indictments prepared by prosecutors of the BiH Prosecutor's Office, and to stop the practice of filing indictments to "meet quotas," or due to pressure from the media or victim groups.

- This alleged analysis is an attack on judicial institutions. The way the Head of the OSCE Mission interferes in cases is covered by certain investigative actions in the case of 'Radončić and others' - said the spokesperson of the BiH Prosecutor's Office, Boris Grubešić.

Jonathan Moore, Head of the OSCE Mission, responded that this is not a matter of war or conflict, emphasizing that the President of the High Judicial and Prosecutorial Council of BiH, Milan Tegeltija, said that the recommendations already have the support of that institution.

Korner stated that the BiH Prosecutor's Office should focus its attention on suspects who had command responsibility, i.e., on those who ordered the commission of crimes.

- In order to reduce the number of remaining cases, it is recommended that the BiH Prosecutor's Office and judges conduct a complete review of cases where proceedings have not yet begun, to determine if any of them meet the criteria for referral to entity courts - Korner stated in the analysis presented in Sarajevo by the OSCE Mission in BiH.

According to Korner, when an investigation indicates that a suspect does not meet the criteria for proceedings against him before the Court of BiH, the BiH Prosecutor's Office should refer the investigation to entity prosecutor's offices.

- The practice of filing indictments against suspects to meet quotas, achieve favorable statistical indicators, or due to pressure from the media or victim groups should cease. Precious time and resources should not be spent on trying to identify "unknown" low-ranking perpetrators connected to an investigation against a high-ranking suspect. The emphasis should be on quality, not quantity - the report by Judge Korner states.

Furthermore, Korner recommended that prosecutors and investigators be obliged to attend an additional course on the elements of crimes and forms of responsibility at least once a year, during their first two years of work in the Special Department for War Crimes of the BiH Prosecutor's Office.

Regarding the Chief Prosecutor of the BiH Prosecutor's Office, Goran Salihović, according to Judge Korner's analysis, he should initiate structural changes necessary for the efficient work of the BiH Prosecutor's Office. The recommendation is to appoint a person to the position of "Head of Proceedings" who would assist the Deputy Chief Prosecutor in their work.

- The responsibility of the Chief Prosecutor should not include the daily management of war crimes cases. That responsibility should be entrusted to the Deputy Chief Prosecutor - the report states.

Moore said that Judge Korner was engaged to conduct an analysis of war crimes prosecution based on interviews with judges and prosecutors working on these cases.

- The institutions themselves, the High Judicial and Prosecutorial Council (HJPC), the BiH Prosecutor's Office, and the Court of BiH should react and implement the recommendations, if they wish - said Moore, noting that the OSCE mission has been monitoring court proceedings in BiH since 1996.

When asked why Judge Korner was not engaged earlier to conduct the analysis, Moore said that his mandate in the OSCE is about a year and a half.