VSS: Support for Branko Perić, judges make decisions based on evidence

SARAJEVO, (Patria) - Regarding the attacks on the judge of the Court of Bosnia and Herzegovina, Branko Perić, who is also the presiding judge in the case of "Zijad Mutap and others", which followed the delivery of the first-instance verdict in that case, the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC BiH) wishes to express its support to judge Perić who, we believe, professionally, in the spirit and essence of the function he performs, together with two other fellow judges, delivered the first-instance verdict in the said case, it was announced from the HJPC.

"In this context, we remind the general public that judges can only make decisions based on the evidence presented to them, and that any assumption in court must be supported by unambiguous evidence, as this is the essence of law and the rule of law. At the same time, we want to emphasize that, based on the information we had the opportunity to hear through the media, we are convinced that the prosecutors of the Prosecutor's Office of Bosnia and Herzegovina, within their jurisdiction, had the best intentions in the said case, which is why we call for restraint even when criticizing their work. Politicians should be particularly restrained when criticizing prosecutorial and judicial decisions. Unfortunately, in this specific case, we have witnessed brutal, extremely inappropriate words directed at both the judiciary at the BiH level and judge Perić. Therefore, we call on them for political maturity, which is reflected in respecting the institutions of the system and their decisions when they are not politically or generally popular, but are certainly based on the law and the Constitution of our country. The public has the right to constructive criticism, however, unbalanced criticism from politicians can further and unnecessarily jeopardize public trust in the judiciary or encourage disrespect for judicial decisions and the democratic separation of powers," the statement reads.

As they stated, for all the above reasons, they remind once again that judges are independent in their actions and decision-making, and they judge and rule based on the Constitution and laws.

"They are free in representing their understanding, establishing facts and applying the law, and are obliged to explain their legal understanding and established factual situation exclusively in the explanation of the decision. Judges cannot and must not adjust the outcomes of court proceedings to the expectations and understandings of the legislative and executive authorities. Moreover, in this specific case, to the expectations of parts of the media and citizens of our country. Judicial decisions, unlike political ones, must not and cannot be popular. They are based on the Constitution and laws and guarantee every citizen equal right to a fair trial as a fundamental postulate of the rule of law," the HJPC stated.