National and political immorality: Rule of law on trial

By: Sead Omeragic

'Ever since the war, BiH has existed in the shadows of a paraintelligence structure that is actively pulling strings even today... Parts of that structure are extremely active and have their niches in all segments of the society', Oleg Cavka, the state prosecutor said a few days ago.

Has Cavka discovered that late, or concluded or said it – too late? Since he claims that the paraintelligence structure has been pulling strings ever since the war, it means that his findings are far older than his new statements. Therefore, if he knew about it, did he report it to relevant authority? If he didn't report such dangerous organizations, or did not have courage and strength to confront them, he always had the option of resigning from his position of the state prosecutor.

Cavka's statement reminded us of reaction by the former president of BH Court, Medzida Kreso that 'Bosnia and Herzegovina is ruled by judicial mafia'.

The story about rule of law is coming apart daily. Actually, corruption and immorality are revealed where the state was supposed to be defended and strengthened. Dozen lawyers are on trial for criminal offences and misappropriation of private property. Judges and prosecutors are being investigated and tried. The investigation against the chief prosecutor has been making headlines from the start. BiH judiciary is in a chaos and is creating one. Selection of members of the High Judicial and Prosecutorial Council is under tight political control and is desperately lacking national balance. Bosniaks are visibly discriminated. Having said that, those Bosniaks who do get elected, fail to meet moral and political criteria and are known as loyal servants of Dodik and Covic who rule BH judiciary from the shadows.

The international community keep saying that they wish not to interfere with independent judiciary. Contrary to their nonchalant neutrality, BH national parties openly interfere with the personnel selection by installing their men in judiciary. And while the international community pretends not to see, party chains between politics and judiciary are getting reinforced.    

Some of those foreigners should be able to explain how BiH Minister of Justice, Josip Grubesa (HDZ) made a decision about appointment of entirely new committee for the bar exam at the state level. Grubesa is Latin teacher who tends to abuse power. He changed the list of the committee members without asking anyone, without respect for coalition agreement or previously set parliamentary proposals of names of possible committee members. Needless to say, he violated all national principles by appointing Bosniaks, and reducing the number of candidates from that nation.

Most of the appointed people in Grubesa's private committee are Croats from HDZ, as well as a large part of highly positioned powerful men from the political party. Showing rarely seen self-will, this minister completely disregarded Bosniaks.

Situation in Brcko district is a reflection of the situation in BH Federation and the state. Although Bosniaks are majority in Brcko district according to the census from 2013, they constitute only one fourth in the public sector and the budget. The structure of basic court, for example, is 10 judges of Serb nationality, 6 Bosniaks and 4 Croats. There are 3 Serbs and 3 Croats are the Appellate court, along with 1 judge of unknown ethnic origin and only 1 Bosniak judge! That's why only in Brcko it may happen that a Bosniak gets two and a half years for slapping a prisoner in the war, same number of years in jail as Monika Simonovic-Ilic, responsible for tortures and murders in the worst kind war concentration camps in Brcko.

Judiciary is being destroyed along with the attempts to divide the country. It is enough for the divisive politics to put the judiciary under their control and all of their goals will be met without problem. And while The Hague is punishing the criminals for the crimes they have committed, BiH is taking into consideration national balance criterion in processing the crimes.

Some 15 years ago, a list of several hundred 'A' cases disappeared. Those were priority cases that were as such directed at domestic judiciary from The Hague tribunal. There is the worst kind historical revisionism taking place in BiH, while OHR and other international institutions are keeping silent about it.

At the same time, the judiciary tends to dodge processing heavy criminal offences of the local political authorities. It is because of those criminal offences and national corruption that BiH misses out on any serious investments.  

Common property is unprotected and is treated as private property. Values are falling apart, immorality and corruption are an integral part of the society, and rule of law is in the hands of national authorities.