Rule of Law in BiH on Hold: Arrested Then Acquitted Members of the Presidency, Prime Ministers, Ministers...

In the past month, 33 people have been arrested in several separate operations. Among those arrested are former state ministers, mayors, deans, deputies, assistant mayors, municipal ombudsmen, and two cantonal prosecutors. Abuse of official position, bribery... are the most common criminal charges for which these individuals were brought in, and most of them have been remanded in custody, Patria reports.

At first glance, it would seem that this is a serious fight against corruption, which is destroying every segment of BiH society and thanks to which we hold the infamous first place in Europe.

Has the rule of law finally started to crack down on the big fish?

Until we get an answer to that question, let us recall the biggest fish in BiH who were arrested, tried, and then everything ended with acquittals. For some of them, court proceedings are ongoing.

Mirko Šarović

Former President of Republika Srpska and former member of the BiH Presidency Mirko Šarović was arrested in 2005. Along with Šarović, Milorad Govedarica and Milovan Cicko Bjelica were also arrested at the time for abuses in business through the Commercial Bank of Momčilo Mandić. They were charged with multi-million dollar crimes.

In October 2006, Šarović was acquitted by the Court of BiH due to lack of evidence and released after eleven months in custody. Bjelica was released with him, while Mandić and Govedarica were sentenced to nine and four years in prison, respectively. Five years later, it was finally ruled that Šarović should be paid 102,000 KM in damages.

Živko Budimir

In April 2013, SIPA officers arrested Živko Budimir, then President of the Federation of BiH, and 19 other people for abuse of position and other criminal offenses. Budimir was arrested on charges of receiving bribes for granting pardons.

Budimir was also suspected of illegally paying bills and purchasing clothes and other items for personal use, which were bought with budget funds, as well as illegal possession of weapons. He was acquitted of all charges.

Hamdija Lipovača

At the end of 2014, then-Prime Minister of Una-Sana Canton Hamdija Lipovača was arrested in Bihać. He is charged with abuse of official position in the case of the reconstruction of the STENS Sports and Recreation Center, and acquiring property illegally. The trial is ongoing at the Cantonal Court in Bihać.

Lijanović and Bahilj

In September 2014, Federal Minister of Agriculture Jerko Ivanković Lijanović and Minister of Trade Milorad Bahilj were arrested. They, along with 12 other people, were suspected of tax evasion of 5.5 million euros, committed by establishing and later fictitiously dissolving companies, leaving a large tax debt. The process is ongoing at the Court of BiH.

Lijanovići and Čović

The Ivanković Lijanović brothers were previously tried for organized crime related to customs fraud in the import of chicken meat. At that time, HDZ BiH leader Dragan Čović, the current member of the BiH Presidency, was accused of helping the Lijanovićs while he was Minister of Finance of the Federation of BiH. 

In the first-instance verdict, the Lijanovićs were acquitted, and Čović was sentenced to five years in prison. After the prosecutor dropped all charges against the Lijanović brothers, all were acquitted in 2008. 

Branković and Bičakić

Former federal prime ministers Nedžad Branković and Edhem Bičakčić were charged in 2009 with abuse of position and authority for the illegal expenditure of 114,000 KM of state money and 150,000 KM for the purchase of an apartment for Nedžad Branković. The panel of the Cantonal Court in Sarajevo ruled that the indictment was "based on illegal evidence and without expert testimony from a financial expert."

Bičakčić and then-Federal Minister of Finance Dragan Čović were accused of illegally distributing apartments to a selected group of politicians. According to the indictment, in 1999 and 2000, they illegally spent 7.8 million KM for the purpose of purchasing apartments. The case ended with an acquittal. 

Mladen Ivanić

Current Chairman of the BiH Presidency Mladen Ivanić was accused of, as Prime Minister of RS, at a government session in 2001, unauthorizedly approving a decision by which the company Trgokomerc was given consent to cut down a forest in the Ribnik estate without any compensation, considering it an out-of-court settlement for a non-existent debt to this company. The Appeals Chamber of the Court of BiH issued an acquittal for the part of the indictment relating to negligent work in service.

Milorad Dodik

The Special Prosecutor's Office of RS issued an order a few years ago to suspend the investigation against a group of politicians and officials led by RS President Milorad Dodik, because there was no evidence that they committed a criminal offense during the construction of the Banja Luka – Bosanska Gradiška highway and the buildings of the RS Government and RTV House. The investigation against them was opened by the Prosecutor's Office of BiH, and then handed over to the judiciary of RS.

Fahrudin Radončić

SBB leader Fahrudin Radončić is currently on trial at the Court of BiH on suspicion of committing the criminal offense of obstructing the judiciary, i.e., influencing witnesses in the Naser Keljmendi case. At the beginning of this year, former Secretary of the Ministry of Security of BiH Bakir Dautbašić and current federal deputy Bilsena Šahman were also arrested with Radončić, who are also being tried in the same case.  

Kemal Čaušević and Pandora's Box 

In the police operation Pandora in June 2014, Kemal Čaušević, former director of the Indirect Taxation Authority (UIO), was arrested along with 53 other people, including 30 members of the UIO and customs terminals.

Čaušević and the other arrested individuals were charged with corrupt criminal offenses of organized crime, customs and tax evasion, money laundering, and abuse of position or authority in connection with the import of textile and other goods into BiH.

Although in his testimony Ćaušević mentioned the names of numerous BiH officials, to this day Pandora's Box has not been opened.