UDT initiated 20 disciplinary proceedings in six months, six thanks to media reports

As of June 30 this year, 11 judicial officials have been temporarily suspended from their duties, 20 disciplinary proceedings have been initiated, and a decrease in the number of indictments filed in prosecutor's offices has been recorded, it was stated at the session of the High Judicial and Prosecutorial Council (HJPC).

Presenting the semi-annual report of the Office of the Disciplinary Prosecutor, Alena Kurspahić Nadarević stated that 20 proceedings have been initiated, of which 13 are against judges, five against prosecutors, and two against court presidents.

“Of these 20 proceedings, ten were initiated based on complaints that the Office registered ex officio. Of those ten, six are based on media reports, and four are from other sources,” said Kurspahić Nadarević.

This report also stated that 15 proceedings have been concluded, including four dismissed lawsuits.

“The majority of disciplinary measures imposed are salary reductions and public/written warnings,” it was stated during the presentation of the report.

At the end of this half-year period, a total of 11 judicial officials have the status of temporarily suspended, with one suspension from 2016, two from 2017, one from 2020, two from 2021, three from 2022, and two from 2023, for whom criminal proceedings or investigations are the basis.

Mustafa Šabić, a member of the Council, expressed concern about the statistics regarding temporary suspensions.

“I don’t know who it is about, but I am concerned that judges and prosecutors have been receiving salaries for seven years without the proceedings being concluded,” said Šabić.

Aleksandra Obradović, Vice-President of the HJPC, stated that members had undergone training for disciplinary commissions and that they had heard from colleagues from the European Union that only heads of judicial institutions have the right to file complaints.

She stated that she believes a new act is needed to regulate the matter of the right to file a complaint, after which the semi-annual report was adopted.

Kurspahić Nadarević also referred to the Law on Amendments to the Law on the HJPC, stating that she had sent a memorandum concerning the application of the Law in relation to disciplinary proceedings.

“The transitional provisions do not regulate the validity concerning complaints and disciplinary proceedings. There are three issues related to complaints received before the Law entered into force, complaints that will be received after the Law enters into force, and disciplinary proceedings that were initiated before the Law entered into force but have not been concluded,” stated Kurspahić Nadarević.

She added that the Office believes that a unified institutional stance is needed regarding the disputed issues to avoid a situation where the Office, as well as the commissions and the Council, arrive at different positions in certain proceedings.

Information on high-level corruption and organized crime cases as of June 30, 2023, was also presented at today's session.

In the first half of 2023, 19 cases are in the investigation phase, decisions to suspend investigations have been made for seven cases, and four indictments for high corruption have been filed. Trials were ongoing for 42 cases.

In the area of organized crime, 14 investigations were ongoing, two orders to suspend investigations were issued, and three indictments were filed. 33 trials are ongoing, and two final judgments have been rendered.

The semi-annual report on the work of courts and prosecutor's offices for 2023 stated that the trend of unresolved cases before the courts has decreased by five percent, or 14,000 cases, while for the work of prosecutor's offices, it was stated that the number of unresolved complaints has increased by 1340 complaints, with the number of complaints being almost the same compared to the same period last year.

It was stated that the number of indictments filed has decreased, with a decrease recorded in district public prosecutor's offices and the State Prosecutor's Office, while a higher number of indictments was recorded in the Brčko District Prosecutor's Office.

According to the semi-annual report, 4805 convictions and 408 acquittals were rendered, Detektor reports.