In the future judges and prosecutors in BiH and all holders of the judicial authorities have to submit property cards to the High Judicial and Prosecutorial Council (HJPC) with accurate information filled in.
Deficiencies
The Venice Commission has declared deficient the existing regulation which says that the judges and prosecutors do not have to submit their declarations of assets, only annual financial statements, which anyway are not publicly available. According to this holders of judicial authorities are not obliged to reveal its total assets. The latest analysis entitled “Conflicts of interest in the judiciary – an overview of regulations and recommendations” made by Transparency International, points out that according to the existing practice judges and prosecutors in the annual financial statements referred to, among others, activities that are performed outside of their duties, including the amounts of remuneration.
“The financial statements include information about spouses and children who live in the same household and hold shares in or participate in the management of private or public companies and organizations, including political parties. High Judicial and Prosecutorial Council sends forms for financial statements, and may also request additional information. However, the Council does not have the capacity to check the accuracy of the allegations in the financial statements and such financial statement are only archived,” states the analysis as well as a pledge for a more effective control over the assets of judges and prosecutors in BiH.
According to research by Transparency International, it is debatable that additional activities are not limited in terms of the height of the financial benefits that can be realized by holders of judicial authorities through additional activities. “Even if certain irregularities are noticed and changes made in the delivery of financial statements, there is no mechanism to a judicial authority sanctioned for such irregularities and failure to submit only financial and property data is not punishable.”
The submission of financial reports of the judge and the prosecutor is not the same as the property card that is a much broader concept and includes information on the acquisition of movable and immovable property in a higher amount.
Discovering property
Another controversial thing is the fact that, in addition to the question of submitting the property card unfinished, and only publication of financial statements, the list of property is not publicly available. The Venice Commission has repeatedly stressed that this issue must be solved in Bosnia and Herzegovina since the full disclosure of assets of judges and prosecutors shows a stronger fight against corruption, as is the case in other countries in Europe. “Disclosure of financial statements and asset holders of judicial authorities and their relatives should be mandatory (UNDODCP, 1999), this would be a great way in prevention of illicit enrichment and to prevent conflicts of interest. Delivery of the public availability of financial statements and declarations of assets is an obligation in the neighboring countries as well as in most of the member states of the Council of Europe.”
(akta.ba)
