Korajlic: I trust the HJPC BiH will act according to the Constitutional Court decision

SARAJEVO, (Patria) – That High Judicial and Prosecutorial Council (HJPC) will not respect the decision of the Constitutional court BiH in the case of Goran Salihovic is not an option, stated for Patria professor Nedzad Korajlic, the Dean of Faculty of Criminology and Security studies in Sarajevo. He commented on the decision of the Constitutional Court BiH specifying that the court proceeding against the suspended Chief Prosecutor Salihovic has taken too long.

HJPC's disciplinary committee suspended Salihovic end of September 2016. Maximum suspension period is 1 year after which the committee is supposed to prove mistakes in Salihovic's performance or cancel the suspension. Neither of it has taken place to this day.

Several sources from the Prosecutor's office BiH unofficially confirmed to Patria that Salihovic could be called back to work by this Thursday. In case the Constitutional court decision was not implemented, the members of HJPC and their president will have committed a criminal offence.   

Professor Korajlic warns that the implementation of the Court's decision is not optional but it is an obligation placed on HJPC.

- I should like to believe that HJPC and their President will act according to the law and the verdict of the Constitutional court BiH, professor Korajlic said.

Asked by journalists whether it is realistic to think that the verdict will not be implemented due to political influence on BH judiciary, Korajlic said that any possible political games, and he trusts there will be none, are not related to the obligation to act which emanates from the law. 'It is in everyone's interest to see this situation resolved, and if there were any violations of the laws, to punish those responsible'.

- It is taking too long, the stories about political processes and judiciary at the state level have to stop. The Constitutional Court BiH has registered violation of legality in dealing with Goran Salihovic and ordered taking concrete steps which should bring the entire proceeding and his status back to legal framework. No other interpretation is deemed possible, said professor Korajlic.

- There were some unguarded statements made by all those involved in the process either directly or indirectly, which contributed to damaging reputation of the judicial institutions, particularly as regards confidence that the citizens have in our judiciary. I'd just like to emphasize that we have had enough of politicization of court proceedings and decisions, it is the high time to remove politics from the courtrooms. Judicial institutions must direct their activities towards strengthening confidence of the citizens in the judicial system of BiH. They should protect interests of the justice through their activities, and not interests of some political parties or politicians, Korajlic asserts.

He explained that the judiciary is a mechanism 'which has to prevent any criminal from committing any further criminal offence'. 'The judiciary cannot and must not represent political interests of individuals or lobbies. Also, it mustn't adjust its action to the (political) position of an identified offender.'

- Law is not complex, everything is downright simple. The action from the first findings to the court verdict is well defined and apolitical. Problems starts when subjects outside of the process begin to get involved and when their interventions become recognized – the point where the law is neglected in favor of will of some people. The only interest that should be there is to find out the truth, to prevent additional negative consequences, to adequately punish the offender and determine adequate compensation of the damage. I do trust that HJPC and their President will act according to the law, Korajlic concludes.