Judge Priebe's Working Summer: Whose Autumn Will Be Hot?

By: Amra Varatanović

This week, the EU's independent rule of law expert, former German judge Reinhard Priebe, visited Sarajevo. He is most responsible for the judicial reform in Albania and North Macedonia, which are now making significant strides towards the European Union. And after the latest EC Opinion, it is clear that without judicial reform, the rule of law, and alignment of legal legislation with the EU, BiH will not move an inch on its European path. The "European path" is precisely the mantra we persistently hear from both the authorities and the opposition, but without action, it will all remain just words. 

As early as April, Priebe and his team held a series of meetings with members of the HJPC, as well as with non-governmental organizations, individuals, and law enforcement agencies. Judge Priebe had several important meetings this week, about which there are not too many details, but it is enough to know that the monitoring of the judicial system in BiH is still ongoing. In the autumn, a "Convention on the Rule of Law" will be held, which will result in a document with all recommendations regarding the improvement of the judiciary's work or its fundamental change. 

Priebe's report and recommendations regarding the rule of law will be the subject of discussion at the meeting of the Subcommittee on Justice, Freedom, and Security of the Stabilization and Association Agreement at the end of 2019.

Shortly after Priebe's visit to the members of the HJPC, the "Potkivanje" affair, in which the president of that institution, Milan Tegeltija, is the main figure, resonated in public. For two months now, the BiH Prosecutor's Office has not announced its decision regarding Tegeltija, other than that he was questioned as a witness. The other two actors from the "Potkivanje" video recording, SIPA inspector Marko Pandža, who openly asked for money from businessman Nermin Alešević to "grease" Tegeltija, are suspected of criminal offenses of receiving/giving gifts and unauthorized recording, as Alešević recorded the meeting to show the state of the judiciary. 

Although it is clear that Tegeltija had inappropriate contact with the person who reported criminal activities to the KS Prosecutor's Office and is seeking help, there is still nothing controversial for the BiH Prosecutor's Office. The Disciplinary Commission rejected the complaints against Tegeltija. Numerous embassies, the OHR, OSCE, and the EU Delegation reacted to the "Potkivanje" case, demanding a thorough investigation, reminding that no one is above the law, regardless of their position. 

For Judge Priebe, there is no rest; cases that have not been resolved for years are also being closely monitored, and only two such cases are the murders of young men Dženan Memić in 2016 and David Dragičević in 2018. The judiciary has failed in every sense in these two cases. Priebe was presented with the chronological sequence of events in the Memić and Dragičević cases in detail. For now, the only institution that can act regardless of ongoing proceedings is the BiH Prosecutor's Office. 

And while the summer is hot for some, the autumn could be very hot for others.