OSCE: Most trials for petty corruption, most acquittals for high-level corruption

SARAJEVO, (Patria) - Prosecutions in BiH file the most indictments for corruption offenses related to abuse of office and other minor offenses, while the most acquittals were recorded in cases of high-level and systemic corruption, according to an analysis by the Organization for Security and Co-operation in Europe (OSCE).

Representatives of the OSCE in BiH presented a report titled "Monitoring the Prosecution of Corruption Cases," in which they analyzed 157 cases handled over the past seven years by BiH courts. As stated, only 16 cases were categorized as high-level corruption, 54 as mid-level corruption, and 87 as petty or administrative corruption.

In terms of the type of corrupt offense, abuse of office was the most prevalent with 67 cases, followed by dereliction of duty with 28, bribery with 15, and offering bribes with four cases.

OSCE Secretary General Thomas Greminger emphasized that corruption is the biggest problem of modern societies because it undermines the economy and the rule of law, and erodes public trust in institutions.

"Eliminating the culture of impunity for perpetrators of corruption requires a decisive response from the criminal justice system," Greminger said, expressing hope that the recommendations contained in the report will improve the prosecution of corruption cases.

Regarding case outcomes, the analysis shows that 55 cases concluded with a conviction, of which 33 were by plea agreement, 17 cases ended with an acquittal, and five with a partial acquittal. However, in high-level corruption cases, eight out of 14 concluded with an acquittal.

The Ambassador of the United States of America to BiH, Maureen Cormack, called corruption a "cancer that erodes BiH society as a whole," adding that she believes the report's findings are a good opportunity for an honest discussion about the fight against corruption.

The Head of the OSCE Mission in BiH, Bruce Berton, noted that even the best legislation will not yield results if there is no adequate judicial capacity to apply the law.

"The report mentions numerous examples of corruption cases that ended with acquittals, not due to the complexity of the cases or the defense's ability, but due to questionable and insufficiently reasoned interpretations of the law by judges and prosecutors," Berton said, calling on the High Judicial and Prosecutorial Council (HJPC) to take steps to strengthen prosecutorial and judicial capacities.

The President of the HJPC, Milan Tegeltija, stated that there is a problem in the cooperation between the police and prosecutors in corruption investigations.

"Since 2003 and the introduction of prosecutorial investigations, there have been different interpretations of prosecuting corruption offenses between police bodies and the prosecution. When it comes to other offenses, we do not have communication problems. Police forces and prosecutors are making excuses for each other in handling these offenses," Tegeltija said.

The findings of the OSCE report are based on monitoring 67 corruption cases that concluded before domestic judicial institutions in the period from 2010 to 2017, reported BIRN, as conveyed by NAP.