Changes to HJPC members "naturally"

Following the election of Ranko Debevec as the new President of the Court of BiH, there were serious criticisms of the High Judicial and Prosecutorial Council of BiH. The relationship within this key judicial institution was addressed in a special paper by the esteemed law professor Edin Šarčević. He even publicly called for the election of a completely new composition of the HJPC, writes the BiH news agency Patria.

The way the HJPC has been operating since Milan Tegeltija took over has provoked reactions on several occasions. It was claimed that this constituted serious national discrimination against Bosniaks. The situation escalated with the recent election of the head of the Court of BiH, as there is no longer a single Bosniak in a more important judicial position. It should be known that out of the 14 members of the High Judicial and Prosecutorial Council, six are Bosniaks.

Any problematization of discrimination concerns precisely these cadres. What do they do and how do they operate within the HJPC?

Within the HJPC, most members are elected according to the national key as Bosniak cadres. Their lack of principles and obvious subservience to President Tegeltija's views were shown at one time by their unanimous agreement to ban alleged religious symbols in the judiciary, which was aimed solely at banning the hijab. Of course, such a decision was overturned because it denied fundamental human rights. It was already possible to notice then that something was not right with the Bosniak cadres in the HJPC who unanimously supported this ban on basic religious freedoms.

Aida Jugo-Kišija, a lawyer from Travnik, warned at the time about the arbitrariness of the HJPC and the conclusion that one cannot go to court with a hijab.

- The conclusion as a conclusion means nothing to me legally, it is a form of arbitrariness, placing oneself in the position of a legislative body, a reflection of ignorance, immaturity in performing the functions of those who unanimously voted for it, an act of provocation, audacity, a reflection of racism and nationalism.

Things, like many other things in this country, will be resolved "naturally". Namely, in January 2017, the mandate of Ilijas Midžić, from Bihać, a member of the HJPC, expires, in February Goran Nezirović, in April Zijad Kadrić, and in September 2017, Alma Džaferović. The question is whether they will be replaced or if some higher power, which clearly operates within the HJPC, will extend their mandate. Most of them remain in that position due to financial benefits.

Members of the High Judicial and Prosecutorial Council of BiH receive a lump sum of around 1,600 marks per month, in addition to their salary at their workplace. At one time, it was publicly reported that Milorad Novković, now the President of the Supreme Court of the Federation, was the head of the HJPC for eight years, while simultaneously holding the position of President of the District Court in Banja Luka. These two institutions paid him 490,000 marks for that period.

First on the list in terms of payment is Zijad Kadrić. According to available data, he received 360,000 marks from these two institutions from 2009 to 2015, not counting income in the current year. He has been a member of the HJPC for more than seven years. He is a judge of the Appellate Court in Brčko and, according to some sources, is part of the team gathered around Milan Tegeltija. The more someone is "someone's" in judicial functions and positions, the further they are from the law and justice they must unconditionally protect and represent. If we are talking about the independence of the HJPC, it is necessary to practically re-examine that independence.