First disciplinary proceedings initiated against judges and prosecutors for failure to submit property reports

(Patria) - The Disciplinary Prosecutor's Office (UDT) has initiated six disciplinary proceedings against judicial office holders for failing to submit property and interest reports, it was confirmed by the institution to Detektor.

The UDT states that six disciplinary proceedings have been initiated for the disciplinary offense of "violation of the provisions on submitting property and interest reports" of the Law on the High Judicial and Prosecutorial Council (HJPC) of BiH.

They specify that proceedings have been initiated against the judge of the Basic Court in Višegrad, Sandro Nalić, the judge of the Basic Court in Banja Luka, Munevera Huseinbašić, the judge of the Basic Court in Banja Luka, Dubravka Vidović, the judge of the Basic Court of Brčko District of BiH, Velibor Milićević, and the judge of the Municipal Court in Visoko, Amira Merdić.

Proceedings have also been initiated against the former prosecutor of the District Public Prosecutor's Office in Bijeljina, Muriš Šabić, which, after the termination of his mandate, was stayed by a decision of the First Instance Disciplinary Commission of the HJPC of BiH.

Damjan Ožegović from Transparency International told Detektor that, since the establishment of the Department for Verification of Property and Interest Reports of Judges and Prosecutors, the greatest resistance has come from the judiciary.

This resistance, according to him, is not surprising, especially considering the previous practice where submitting reports was a matter of goodwill.

- The UDT's reaction is highly commendable, but since disciplinary proceedings are very lengthy, lasting on average between one and one and a half years, it is in the public interest for them to be completed as soon as possible, precisely to prevent all other judicial office holders who do not intend to submit reports or who are possibly late with submitting their records and reports, from acting in a timely manner so that the public can regain at least some trust in the judiciary when it comes to their property and interests - said Ožegović.

The HJPC of BiH had previously forwarded the first disciplinary complaints against judicial office holders who had not submitted their property records. They explained that 1,534 judges and prosecutors were obliged to submit a property and interest report.

Among them, the HJPC of BiH adds, in addition to current judges and prosecutors, judicial office holders whose mandates have expired were also obliged to report their property and interests.

"Judges and prosecutors whose mandates have expired, according to the Law on the HJPC of BiH, are obliged to submit a property and interest report for the year in which their mandate expired, as well as for the calendar year after the termination of their mandate," the HJPC previously stated.

Unlike active judges and prosecutors who should be disciplined, for those who no longer hold these positions, due to the expiry of their mandate or any other reason, the law provides for the filing of misdemeanor charges.

The Law on the HJPC of BiH stipulates that all responsible officials who do not cooperate with the Report Verification Department may be fined in the amount of 2,000 to 10,000 marks.

The President of the HJPC of BiH, Sanin Bogunić, previously announced to journalists that he would forward complaints for those who do not comply with the law.

- The Office will assess who is for prosecution and who is not - Bogunić said at the time.

In November 2023, by adopting a new systematization of job positions, the HJPC of BiH practically formed the Department for Conducting Procedures for Verifying Reports on Property of Candidates for Judicial Positions - which is also foreseen by earlier amendments to the Law on the HJPC.

The Department began its work more than a year and a half after its formation, due to numerous delays in the application of the new amendments to the Law on the HJPC, adopted in September 2023, which provided for its establishment.

The Department for Conducting Procedures on Reports, according to legal regulations, regularly verifies the accuracy, completeness, and truthfulness of the reported data, and analyzes data from property and interest reports to determine incompatible activities and potential conflicts of interest.

It is also responsible for submitting proposals to the Council to initiate misdemeanor proceedings related to property and interest reports, publishing the results of report verification, and providing information to the UDT about irregularities arising from the verification.

Property and interest reports will be published on the Council's website, with the aim of strengthening integrity, transparency, and public trust in the work of the judiciary, and to prevent conflicts of interest and other impermissible influences in the exercise of judicial functions.