Judicial reform key to fighting corruption

(Patria) - Sarajevo today marked December 9, the International Anti-Corruption Day, which was an opportunity to highlight the urgent need to strengthen the fight against corruption and reinforce the rule of law. The conference provided a platform for key institutions to engage in dialogue about the state and possible solutions in the area of justice sector reform.

Corruption in Bosnia and Herzegovina continues to be a serious concern and requires intensified efforts to achieve consistent results in the fight against corruption. Judicial reforms are needed to address systemic challenges, restore public trust, and support the rule of law. To achieve this, BiH must establish an effective Justice Sector Reform Strategy as soon as possible. Furthermore, key laws – namely the Law on the HJPC and the Law on Courts of BiH – are expected to be aligned with EU standards, and civil society has an important role in providing input to policymakers on how to shape future judicial reform. These are some of the messages from the conference organized by Transparency International in Bosnia and Herzegovina (TI BiH) and the EU4Justice project, with the support of the European Union.

“There can be no progress for Bosnia and Herzegovina towards EU membership without progress in the rule of law and the fight against corruption. This is not only important for the path to the EU, but it will improve the quality of life for people in Bosnia and Herzegovina and stimulate long-term development. We will continue to be a loyal partner to Bosnia and Herzegovina by supporting efforts to strengthen the rule of law and fight corruption. The citizens of this country expect this to be a priority for political actors and can count on our support,” said Adebayo Babajide, Deputy Head of the European Union Delegation to Bosnia and Herzegovina.

At the conference, which brought together representatives of institutions from all levels of government, international and regional organizations, discussions were held within two panels on the current state of judicial reform and the consequences of the lack of reforms on widespread corruption in the country.

Minister of Justice of BiH Davor Bunoza, one of the keynote speakers, said: “Judicial reform is a difficult path that we must travel on the road to the EU. We must adopt and implement laws for ourselves. Harmonizing regulations with the EU acquis will always result in a higher degree of the rule of law. Judicial reform has begun, results will not come overnight.”

The conference highlighted the importance that reforms must lead to the independence, efficiency, and integrity of the judiciary, which will be able to prosecute high-level corruption cases and respond to the key challenges facing BiH. It was also emphasized that it is necessary to strengthen the mechanisms of integrity and accountability of judicial office holders, as well as to reduce undue influence by improving the appointment process of judges and prosecutors.

“The judiciary in BiH is in a state of complete institutional capture, which results in impunity for political corruption, and often the instrumentalization of the judiciary for the pursuit of particular interests of the ruling oligarchy. Unfortunately, despite the fact that reforms to strengthen the rule of law and enhance integrity within the judiciary are highly prioritized in the European integration process, their effects so far could hardly be characterized as anything other than a farce,” stated Srđan Blagovčanin, Chairperson of the Management Board of TI BiH.

The need to ensure both the transparency of the process and a quality systemic solution regarding the new Law on the HJPC was emphasized, and comments and proposals for improvement were submitted, especially regarding the clarification of provisions on preventing conflicts of interest, the appointment of prosecutors and judges, as well as members of the Council, and criteria for the election of Council members were discussed. The importance of inter-institutional cooperation, asset recovery, and financial investigations as a prerequisite for a more effective fight against corruption was also discussed.

“Although we are not entirely satisfied with what has been achieved, we expect that the efforts made so far will be recognized, as well as the results that no one can ignore. Among other things, we have a former Prime Minister of the FBiH Government, a former state minister, who have been convicted of high-level corruption, and one of them is currently on trial before the Court of BiH. With investigations launched at the end of last year and this year, which resulted in the arrest of the former President of the Court of BiH and the former Director of the Intelligence Security Agency, as well as an investigation against the former Director of the Border Police, who is on the run, we have shown determination to prosecute all those for whom we find evidence, regardless of their status or the position they hold,” emphasized Milanko Kajkanić, Chief Prosecutor of the BiH Prosecutor's Office.

With the support of the EU, economic advisors have been vital in assisting prosecutor's offices in financial investigations of economic crime, organized crime, and corruption. Their efforts have resulted in 91 first-instance convictions, 13 second-instance convictions, 15 final acquittals, and 16 first-instance acquittals. This highlights the need for a systemic solution to ensure their permanent role and continuous support to prosecutors, enabling the effective resolution of complex cases.

“The EU4Justice project has contributed to the articulation of activities and relevant indicators of the Action Plan with measures of the Reform Program concerning the fight against corruption and organized crime. Recently, on September 26, 2024, the Project was involved in the development of ‘Guidelines for Chief Prosecutors on establishing an internal coordination system for confiscation of proceeds of crime’ adopted by the HJPC BiH. The Guidelines will ensure consistent and harmonized practice throughout BiH and facilitate the prioritization of organized crime and corruption cases involving proceeds of crime,” concluded Isabelle Arnal, EU4Justice Project Team Leader.