HJPC distances itself from Tegeltija, but does not initiate his dismissal

By: A. Vrabac

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Statements made by the President of the High Judicial and Prosecutorial Council (HJPC), Milan Tegeltija, regarding the composition of the Constitutional Court of BiH, and his participation in a political meeting of officials from among the Serb people in BiH institutions, held in East Sarajevo at the invitation of SNSD President and BiH Presidency member, represent his personal stance and the HJPC Vice-Presidents were not consulted, is the brief conclusion of today's HJPC session.

HJPC members concluded that Tegeltija's positions do not affect the work of the HJPC and its members. However, it is interesting that such a conclusion was reached only after warnings from the international community that Tegeltija should not have attended this meeting. 

Tegeltija was sharply criticized at a meeting he held with ambassadors of the Quint and other representatives of the international community. Tegeltija was told that the law is clear – judicial officials must be independent of political interests.

High Representative in BiH Valentin Inzko stated that the meeting with Dodik was a party gathering and that representatives of judicial institutions should not have participated.

"I think the President of the HJPC violated the law; he is a judge, he should not have been there. I think the BiH Prosecutor General was also there. The President of the Central Election Commission should not have gone there either," Inzko said.

The HJPC reminds that the Law on HJPC stipulates that the HJPC BiH, as an independent and autonomous body, is tasked with ensuring an independent, impartial, and professional judiciary. No provision of the Law on HJPC prescribes an obligation for Council members to be accountable to the legislative or executive authorities of the entities or other levels of government in BiH in their work. Accordingly, Council members are obliged to perform their duties independently and impartially, respecting the Constitution, laws, and democratic principles of separation of powers - states the HJPC conclusion adopted at the session in Sarajevo.

In his Facebook posts and public appearances, Tegeltija has devalued the role of the State Parliament and defended his attendance at Dodik's meeting. Given that a thematic session on the state of the judiciary in Bosnia and Herzegovina and the work of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina is scheduled for March 11, Tegeltija has already lashed out at the deputies.

“I expect the session to be used as an arena for populist outbursts of various unfounded phrases and accusations by certain MPs with the aim of discrediting me and the members of the HJPC,” Tegeltija said.

Tegeltija has already sufficiently discredited himself with his statements and comments on political topics that dominate public discourse. Even today's HJPC conclusion, which distances itself from Tegeltija's actions, is not enough to remove the stain of political dependence of the HJPC's top official, as well as other members, from the HJPC.

HJPC members are: Jadranka Lokmić-Misirača, Ružica Jukić, Jadranka Stanišić, Goran Nezirović, Mahmut Švraka, Slavo Lakić, Željka Radović, Duška Bogojević, Berina Alihodžić, Selim Karamehić, Dragomir Vukoje, Amila Kunosić, Monika Mijić, Milijana Buha. 

Although the “Potkivanje” affair, i.e., the video recording in which Tegeltija discusses a reported case with the complainant (Nermin Alešević) in a catering facility, passed without sanctions for Tegeltija, his latest actions have violated the Law on HJPC, which should initiate Tegeltija's dismissal. 

Tegeltija's dismissal could be initiated by HJPC members, but it is certain that this will not happen due to his influence over most HJPC members. Whether it will all remain at the “distancing of HJPC members” from Tegeltija's actions or if some reaction is being prepared could be known in the next few weeks. 

Such actions by the HJPC's top official have further undermined the judicial system in BiH, which is assessed as the weak link in BiH, which is also the most frequent criticism of the European Commission regarding BiH, as well as insufficient fight against corruption.