TI BiH files a complaint with the Disciplinary Prosecutor's Office against Chief Prosecutor Kajganić: Bypasses TCMS system and assigns cases to prosecutors himself

(Patria) - Transparency International in BiH has filed a complaint with the Disciplinary Prosecutor's Office against Milanko Kaganić, Chief Prosecutor of the Prosecutor's Office of Bosnia and Herzegovina, who last year assigned the vast majority of cases bypassing the TCMS automatic management system, which led to the dismissal of his predecessor, Gordana Tadić.

The Prosecutor's Office of BiH, after an appeal process, provided Transparency International with data on the number of cases in which the Chief Prosecutor reassigned cases, i.e., assigned cases outside the automatic management system, and the data shows that in 2022, the number of reassignments exceeded the total number of cases handled by this prosecutor's office.

This practically means that TCMS was rarely used and that cases are almost never assigned automatically. Specifically, in 2021, the year in which Gordana Tadić was dismissed for bypassing TCMS, the Prosecutor's Office of BiH had 1,499 cases and a total of 1,434 reassignments, with the note that one case involving multiple prosecutors may have multiple reassignments. During 2022, the Prosecutor's Office of BiH handled 1,473 cases and a total of 2,276 reassignments, meaning cases in which the Chief Prosecutor, outside the automatic management system, selected the prosecutor to handle the specific case.

TI BiH reminds that the Rulebook on the Automatic Case Management System in Prosecutor's Offices (TCMS), Article 8, stipulates that cases are distributed to prosecutors automatically, as this reduces corruption risks. Furthermore, by a conclusion of the High Judicial and Prosecutorial Council of BiH from 2014, all chief prosecutors were instructed to ensure the assignment of cases through TCMS in their institutions. The Chief Prosecutor has the right to reassign a case to another prosecutor if there are reasons for it, but considering that this is an exception and not the rule, the fact that the number of reassignments exceeds the total number of cases handled may indicate serious shortcomings in the work of the Chief Prosecutor.

Furthermore, there is a basis for suspicion that the Chief Prosecutor of BiH acted contrary to the provisions of the Rulebook and the Conclusion of the HJPC and committed disciplinary offenses of "negligence or carelessness in the performance of official duties" and "failure, for unjustified reasons, to act in accordance with the decisions, orders, or requests of the Council" from the Law on the HJPC.

This conduct is also contrary to the provisions of the Code of Ethics for Prosecutors, and it should also be recalled that the Venice Commission and the Council of Europe's Directorate for Human Rights (DHR) - Directorate General of Human Rights and Rule of Law, in their joint opinion, emphasized that the assignment of cases within courts and prosecutor's offices should follow objective, predetermined criteria in order to protect the right to independent and impartial judicial and prosecutorial proceedings.

Transparency International BiH reminds that the Disciplinary Commission of the HJPC of BiH has already conducted and finalized disciplinary proceedings against former Chief Prosecutor Gordana Tadić, as well as against some other chief prosecutors in BiH for the same offenses, in which disciplinary measures were imposed.

It is important to note that the Prosecutor's Office of BiH repeatedly refused to provide TI BiH with data on the number of reassignments, claiming in 2018 and 2019 that they did not keep precise statistics, and information was only provided after court rulings in favor of TI BiH by the Court of Bosnia and Herzegovina. This year, data on reassignments were provided only after an appeal was filed, as the Prosecutor's Office of BiH initially claimed that the request was not precisely formulated, as stated by Transparency International.