Association of Prosecutors of the FBiH: Public Pressure Cannot Determine the Course of Criminal Proceedings and Does Not Contribute to the Rule of Law

(Patria) - Following frequent public statements, media reports and comments in the public space, in which prosecutors are negatively targeted in connection with several current events and accidents in the territory of the FBiH, in which criminal responsibility is being determined, including the recent tram accident in Sarajevo, the Association of Prosecutors of the Federation of Bosnia and Herzegovina considers it necessary to react clearly and unequivocally.

"In the recent period, we have witnessed narratives that suggest criminal responsibility in advance, challenge the legality of evidence and procedural actions, and call into question the professional integrity of prosecutors. Such public statements, regardless of whether they come from the political sphere or from interest groups using media space, represent strong pressure on holders of judicial functions and an attempt to delegitimize their work.

The prosecutorial function is independent, impartial and based exclusively on the Constitution and laws. Determining criminal responsibility in cases of accidents with serious consequences and other events of public interest cannot and must not be the result of public pressure or media expectations, but exclusively of legally obtained and judicially sustainable evidence.

Criminal proceedings are a complex, intricate and important process that involves the collection, analysis and expert examination of evidence, cooperation of several institutions and strict adherence to procedural guarantees, including the presumption of innocence. Any different conduct would constitute a violation of the law and an erosion of the rule of law," the statement said.

They further state that the Association of Prosecutors of the Federation of Bosnia and Herzegovina remains firmly committed to lawful, objective and impartial work in every case.

"Anyone who believes that a particular prosecutor has acted contrary to the law or professional standards has at their disposal legally prescribed mechanisms for addressing the competent institutions.

We call on the media and public actors to contribute to preserving the integrity of criminal proceedings through responsible reporting and public action, instead of creating an atmosphere of pressure that serves neither justice nor the public interest.

Prosecutorial decisions are not made to satisfy public pressure, but to withstand judicial scrutiny and are in the service of the rule of law. Finally, we emphasize that the independence of the judiciary is not a privilege of office holders, but a guarantee of the rights of all citizens," they conclude.