The Second Instance Disciplinary Commission for Prosecutors of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC BiH) in the case against defendant Gordana Tadic, Chief Prosecutor of the Prosecutor’s Office of Bosnia and Herzegovina, passed a decision rejecting as unfounded the appeal of the defendant and has confirmed the decision of the First Instance Disciplinary Commission from July 23.
Tadic has been imposed a measure of transfer from the position of Chief Prosecutor to the position of Prosecutor at the Prosecutor’s Office of Bosnia and Herzegovina.
The HJPC recalled that, deciding on the disciplinary lawsuit of the Office of the Disciplinary Counsel (ODC) against Gordana Tadic, the first instance Disciplinary Commission established a disciplinary responsibility of the Chief Prosecutor ”because she failed to act per the relevant provisions of the automatic distribution system (TCMS) Rulebook and the Council Conclusion of 17 and 18 December 2014, by which the HJPC BiH “instructs the Chief Prosecutors in BiH to ensure the assignment of cases in their institution to all prosecutors via the TCMS.”
The Commission also stated that Tadic “failed to take the necessary actions to remove possible technical obstacles to the allocation of cases by the automatic selection system,” thereby committing disciplinary offences of “negligence in the performance of official duties” and “failure to comply with decisions, orders or requests of the Council due to unjustified reasons” of the Law on the HJPC BiH.
The decision states that contrary to the provisions of the Law on Protection of Classified Information of BiH, the defendant failed to initiate the procedure of personal security checks of employees of the Prosecutor’s Office of BiH and failed to act in accordance with the conclusion of the HJPC BiH of July 17, 2019, which ‘obliges all judicial institutions in BiH to urgently implement all obligations and measures prescribed by the Law on Protection of Classified Information of BiH’, thus committing disciplinary offences ‘negligence or negligence in performing official duties and ‘failure to act in accordance with the decisions, orders or requests of the Council, due to unjustified reasons’ of the Law on the HJPC of BiH,” the HJPC added.
During the period of her appeal to the decision, Tadic will continue to perform her duties as Chief Prosecutor.
An appeal against the decision of the Second Instance Disciplinary Commission of the HJPC BiH may be filed with the Council within eight days from the day of receipt of the decision.
The decision of the Second Instance Disciplinary Commission can be challenged only within the scope of the imposed disciplinary measure, in accordance with the Rules of Procedure of the HJPC BiH, stated the HJPC BiH.
