Sabina Sarajlija found responsible for violating the principle of impartiality

The High Judicial and Prosecutorial Council (HJPC) has made a decision finding Sabina Sarajlija, Chief Prosecutor of the Cantonal Prosecutor's Office in Sarajevo, responsible for the disciplinary offense of "violation of the principle of impartiality", and imposed the measure of "public reprimand", Detektor has learned.

The HJPC, at its session held on September 6 this year, deciding on the appeals of the Disciplinary Prosecutor's Office (UDT) and Sabina Sarajlija, confirmed the decision of the Second Instance Disciplinary Commission which imposed the measure of public reprimand.

The disciplinary lawsuit against Sarajlija, according to which she was, among other things, sued for reassigning cases to a prosecutor of the Sarajevo Cantonal Prosecutor's Office, was previously rejected in its entirety. By the decision of the Second Instance Disciplinary Commission, which partially granted the UDT's appeal, this decision was overturned and the case was returned for retrial.

After the retrial of the first instance proceedings, Sarajlija was found responsible for the offense of "violation of the principle of impartiality", and the disciplinary measure of a ten percent salary reduction for a period of three months was imposed.

"The accused Sarajlija timely filed an appeal against the aforementioned decision of the First Instance Disciplinary Commission. (...) The Second Instance Disciplinary Commission, deciding on the said appeal (...) imposed the disciplinary measure of 'public reprimand'", states the HJPC decision which Detektor had access to.

Sarajlija appealed this disciplinary measure and proposed that a milder measure be imposed – a written warning that is not publicly announced. On the other hand, the Office requested that the accused be subjected to the measure previously imposed by the First Instance Commission, "which is stricter and different in type from the measure imposed by the Second Instance Disciplinary Commission".

"The Council fully accepts the reasoning of the Second Instance Disciplinary Commission, considering that the imposed disciplinary measure of 'public reprimand' is adequate and appropriate to the nature and gravity of the committed disciplinary offense, the circumstances of the commission of the offense, and the determined degree of disciplinary responsibility on the part of the accused", reads the final decision of the HJPC.

This decision states that the Second Instance Commission correctly determined the mitigating and aggravating circumstances on the part of the accused and gave them appropriate weight. The Council assessed the appeals of the Office and the accused as unfounded.

This decision of the Council is final.

At the hearing held on May 18, Sarajlija requested that the decision be published without anonymization. As of the writing of this text, the decision – not even anonymized – has not been published on the website of the Council and the Office.

Sarajlija confirmed to Detektor that she has filed an appeal with the Constitutional Court of BiH.

Sarajlija was elected Chief Prosecutor of the KS Prosecutor's Office in May 2019, and her mandate is about to expire. Due to this sanction, she can no longer apply for another term.