Once again, the candidate lists for the General Elections in Bosnia and Herzegovina include individuals facing criminal proceedings as well as those with final convictions. Under the Election Law, such candidacies are generally permitted, with the exception of cases involving final convictions for war crimes.
According to the BiH Election Law, individuals facing criminal proceedings may run for office – as may most individuals with final convictions – provided they are not currently serving a prison sentence. BHRT’s interlocutors warn that this situation raises questions regarding political accountability and the role of voters.
Denis Džidić, Director of BIRN, believes that insufficient attention is paid to individuals with final convictions for electoral fraud, facilitating employment, or abuse of office.
“These are precisely the issues that should be at the heart of BiH’s EU integration path and the focus of these parties, so that we can achieve reform regarding the rule of law,” Džidić said.
Legal expert Arben Murtezić notes that amendments to the Election Law in 2024 introduced additional restrictions for individuals convicted of war crimes. Such individuals – regardless of whether they have served their sentence – are ineligible to run for office if they have been convicted of war crimes by any court in BiH or by an international court.
At the same time, Murtezić points out, the Election Law has significantly broadened the scope for candidacy, based on the principle that running for office is a democratic right that should not be lightly denied. Political scientist Marko Lucović points to a lack of political culture, dialogue, and accountability toward the electorate, particularly regarding the holding of important political offices.
Sociologist Srđan Vukadinović highlights what he describes as a kind of absurdity within the existing system: a person already holding public office can lose their mandate following a final court verdict, yet – depending on the circumstances—an individual with a final conviction can simultaneously run in elections.
“So, it is an absurdity,” said Vukadinović.
The commentators agree that fielding candidates known to be facing criminal proceedings or who have already been convicted by a final judgment reflects the level of democratic capacity in Bosnia and Herzegovina. At the same time, they warn that part of the responsibility lies with the voters themselves, who decide whom to support at the polls, BHRT writes.
