TI BiH calls for supervision at Pazarić Institute: Intimidation of those reporting abuse is unacceptable

(Patria) - Transparency International in Bosnia and Herzegovina (TI BiH) has sent a letter to the Ministry of Labour and Social Policy of the Federation of BiH requesting an extraordinary expert supervision at the Institute for the Care of Mentally Disabled Children and Youth Pazarić following the release of a video recording of abuse of beneficiaries of this institution, which has shocked the entire public in recent days.

TI BiH also calls on the relevant Ministry to adopt the necessary rulebooks to regulate the situation in this area, because although the Law on Social Protection Institutions of the FBiH entered into force on 20.08.2022, and it stipulates that these rulebooks will be adopted within six months, the Official Gazette of the FBiH has not published, even after a year, the rulebooks establishing the minimum standards that these institutions must meet in terms of space, equipment and staff for providing services, as well as regulations governing the method of conducting expert supervision.

Furthermore, TI BiH warns that the intimidation of persons who pointed out violence against beneficiaries at the Institute and published the video recording that alerted institutions to react is unacceptable. Therefore, the statement by the Minister of Labour and Social Policy of the Federation of BiH is particularly problematic, in which he threatens criminal charges against both the perpetrators of this act and the workers who recorded everything, stating that “it is sad that they do not have the courage to present everything to the public and hide behind anonymous reports.”

It is important to note that the Federation of BiH is the only level of government in BiH that still does not have a Law on the Protection of Whistleblowers, due to which persons who report criminal acts within institutions do not have adequate protection and may suffer consequences. Therefore, TI BiH, in addition to the need for supervision, warned the competent minister that instead of prosecution, it is necessary to protect those who report irregularities, especially if the recording was made with the aim of drawing attention to the abuse of beneficiaries and preventing abuse in the future. In such a situation, these reactions by the authorities can long-term intimidate all employees in institutions who intend to report criminal acts in the future.

Moreover, one should recall the practice of the European Court of Human Rights according to which, if unauthorized recording was made for the purpose of public interest, individuals who thus point out harmful actions must not suffer consequences.

Because of all this, TI BiH once again calls on the authorities at the level of the Federation of BiH to ensure that the Law on the Protection of Persons Reporting Corruption is adopted as soon as possible, which would protect whistleblowers in such situations in the future.