Letter to HJPC: Start of POSKOK operations questioned, US Embassy will not provide equipment, funds sought from FBiH Government!

President of the Supreme Court Vesna Stanković Ćosović and Chief Federal Prosecutor Munib Halilović sent a letter to the High Judicial and Prosecutorial Council (HJPC), President Sanin Bogunić and all members of the HJPC regarding the newly formed situation concerning the establishment of Special Departments within these two judicial institutions (POSKOK). The letter, which Patria has seen, outlines all the problems faced by these two institutions.

As stated in their letter, given that the agenda for the second day of the HJPC session on February 27, 2025, includes a decision on the commencement of duties for candidates appointed at the sessions of January 15 and 16, 2025, and it is unclear whether this also applies to judges and prosecutors appointed to the Special Departments of the Supreme Court of FBiH and the Federal Prosecutor's Office of FBiH, we feel it is necessary to inform you of the following:

Since the entry into force of the Law on Combating Corruption and Organized Crime, the key problem for its implementation over all these years has been the lack of adequate space for the Special Departments. For this purpose, approximately 18 months ago, a Working Group was formed, initiated and led by the US Embassy in Sarajevo, consisting of representatives from the HJPC, the Supreme Court of FBiH, the Federal Prosecutor's Office of FBiH, the FBiH Government, and other international institutions, with the task of creating conditions for the implementation of the Law.

They remind that space for the temporary accommodation of the Special Departments was found in the former building of Privredna banka Sarajevo, on Alipašina street, with one floor being leased for the needs of the Special Department of the Federal Prosecutor's Office of FBiH, while the space for the accommodation of the Special Department of the Court has not yet been secured.

“According to the information we have, we are waiting for one floor to be vacated for the needs of the Special Department of the Supreme Court of FBiH, and this can happen at the earliest around April 20, 2025. The budgets of the Supreme Court of FBiH and the Federal Prosecutor's Office of FBiH have secured funds for employee salaries and other material costs for 2025, but funds for furnishing and equipping the premises for the special departments have not been secured, as this obligation was undertaken by the US Embassy through donated funds and with the possibility of accelerated equipment procurement procedures,” the letter states.

However, at the working group meeting on February 19, 2025, representatives of the US Embassy officially informed that they would not be able to provide funds for equipping the premises of the Special Departments.

“The next day, February 20, 2025, the Supreme Court of FBiH and the Federal Prosecutor's Office of FBiH requested the necessary funds for equipping the premises for the Special Departments from the Federal Ministry of Finance. We note that these are empty premises without furniture and equipment for the Federal Prosecutor's Office of FBiH, and the Supreme Court of FBiH has not yet received the premises. The Supreme Court of FBiH and the Federal Prosecutor's Office of FBiH have not yet received information that funds for the material and technical equipping of the premises have been approved, and as soon as we receive the funds, we will proceed with the public procurement procedure. It should be pointed out here that these are complicated legal procedures that require strict adherence to legal deadlines, and under ideal conditions, if we do not lose a single day from today and if the necessary funds are allocated to us immediately, and if there are no appeals from applicants in the procedures and if the delivery time is minimized, these premises cannot be functional before May 1, 2025. If the funds are not allocated in a timely manner, if the premises for the court are not allocated in a timely manner, or if there are appeals during the tender procedures, then all deadlines will be postponed indefinitely,” they state.

They also noted that there is no space in the existing premises of the Supreme Court and the Prosecutor's Office to even temporarily accommodate the Special Departments, not even just the judges and prosecutors, that the commencement of work by judges and prosecutors in the Special Departments represents the official assumption of jurisdiction by the Special Departments, and that this requires the entire infrastructure of the Special Departments.

“We note that accommodation capacities are only half secured, that the remaining space is only in the announcement, and that the FBiH Government has still not provided financial resources for equipping the premises, and at this moment we cannot determine the exact date when this will be provided because none of the above depends on us. We point out that these institutions will carry out procedures very efficiently and that there will be no delays in procedures due to our actions, not even for a single day. Given that there is no legal deadline for the commencement of work after the appointment of judges and prosecutors, we call on you not to make a decision on the commencement of work for the appointed judges and prosecutors in the Special Departments until the minimal conditions for the commencement of work of the Special Departments and the assumption of jurisdiction are met, because otherwise unforeseeable harmful consequences may arise, especially for cases involving active detentions, special investigative actions, etc.,” they state in the letter to the HJPC.