(VIDEO) Savić: Judicial reform and prosecution of those undermining the state's foundations are needed, not just petty dealers

Interview by: Rasim Belko @rasimbelko

Lawyer Tatjana Savić speaks to Patria about the problems faced by lawyers in Bosnia and Herzegovina, who have threatened to cease operations due to unpaid compensation, issues within the HJPC, the rule of law, media and social censorship, and the question of judicial independence.

Patria: Lawyers in BiH have threatened to suspend work on court-appointed cases from August 1st if they are not paid their compensation for this work, which has been overdue since December 2023. Do you expect the state to resolve the issue, given that we face a new judicial crisis if lawyers withdraw?

Savić: I truly expect nothing more from the state. The problem here is not just with the state; the problem is also with the Court of BiH, as the question arises: if we are on temporary financing, what about the money that was allocated last year for court-appointed defenses?

So, we have a double problem. One problem is the failure to adopt the budget, and the second problem is that the money allocated for court-appointed defenses has clearly been spent elsewhere.

Patria: One could say the entire judicial community is in trouble, as we see problems with the HJPC, where representatives of cantonal and municipal courts, as well as lawyers, cannot do their jobs there. Can we talk about the rule of law if these key judicial institutions are blocked?

Savić: The rule of law in this country has been in crisis for a long time. On one hand, due to very questionable appointments to the judiciary, and on the other hand, due to the lack of basic means for work, which are especially important at this moment for the establishment of this new department within the High Judicial and Prosecutorial Council.

Thus, all appointments have been suspended, including the work of the HJPC itself. So, we are sinking deeper and deeper into a crisis that existed even before all of this.

Patria: Lately, we have witnessed increasing censorship, not only in the media but somehow in society as a whole, under pressure from authorities and certain interest groups. As a lawyer, how do you view this problem? Is the cause in the laws, institutions, or the factor of authority?

Savić: The causes are numerous. Many things are lacking in this country. They don't function. Inadequate legal solutions are a problem. I have publicly spoken out against this law on the criminalization of defamation in Republika Srpska. That is one side. The other side is, of course, the authorities and the way they relate to the public. And why everything is not transparent. And the third side is the unprofessionalism of journalists, who also do not take responsibility for false claims, for stories that are tendentious and not based on facts and truth.

Patria: Finally, war crimes cases, but also some other cases, have caused numerous debates and questions about the independence of BiH's judiciary, the influence of politics and other actors. To what extent do media PR agendas of prosecutors' offices influence indictments and court judgments in BiH, and why does society fail to move the judiciary out of this abyss and lawlessness, even though it should lead the state in all of this?

Savić: Well, we return to the point: if someone came to a judicial position because someone lobbied for them, that person will always be indebted to the one who lobbied for them. And then a whole network of influence is created.

So, in judicial positions, we truly have a small number of those who got there solely based on their knowledge and experience. The extent to which there is influence on the judiciary is indeed difficult to measure.

I do not dispute that there are indeed honest judges who do their job properly, as well as prosecutors. But…

We witness that during election processes, some special indictments occur, and the question of the motives behind such timing arises. Whether they will be sustainable or not is a matter for judicial proceedings. Therefore, I believe that a fundamental reform is truly necessary.

And my opinion is that the judiciary should now focus on corruption and high-level crime cases. On organized crime in the true sense of the word, on those who undermine the foundations of this state. Not to go after three dealers who trade drugs in small quantities and call it high-level crime. No, I mean crime that truly undermines the foundations of the state.

Unfortunately, war crimes cases are ending naturally, through the death of both suspects and witnesses. The public must accept the fact that these cases are on their way out. Neither all victims will have satisfaction, nor will all suspects, or potential defendants, live to see justice served.