The formation of special departments for the fight against corruption and organized crime at the Prosecutor’s Office and the Supreme Court of the Federation has been on the list of promises for a long time. Following the example of Croatia, the colloquially called federal USKOK has been waiting for money and accommodation for years. After 100 days of mandate, the Prime Minister of the Federation, Nermin Nikšić, once again updated the establishment of this institution with the claim that they are already actively looking for a solution. The first step is to build a palace of justice.
Equal treatment for the same criminal acts, crime and corruption – the Federation of Bosnia and Herzegovina has been waiting for almost a decade. Instead of 10 cantonal prosecutor’s offices, one supreme entity institution. The plan to establish a special department to fight corruption and crime remained just a plan. The adopted anti-corruption laws have not taken effect. There was no money for the building either. The story dates back to the previous term of the current Prime Minister, Nermin Nikšić. Then he took the first steps with the Government, and now he is announcing the solution: “I have been talking about it for a long time and we had certain meetings with the High Judicial and Prosecution Council (HJPC), with representatives from the Prosecutor’s Office, the Constitutional Court of the Federation. I think that very soon we will find a solution for the accommodation of the federal USKOK as well”.
The ruling majority is determined to eradicate corruption in Bosnia and Herzegovina society. The current practice does not produce results because judicial institutions are subject to political influence, and therefore they say – a unique system is needed in which there will be no such thing.
“If it is raised to the federal level and if we have the same standards from one place and the same acts are treated in the same way, then citizens’ trust in the judiciary will be restored,” points out Elvir Karajbić, representative of the SDP in the FBiH Parliament.
While the government announces a quick solution to the long-awaited federal USKOK, the opposition says they are not familiar with the details, but are ready to support it. They haven’t received the materials yet, so they don’t expect concrete steps to be taken soon. At least not until next year.
As Admir Čavalić, president of the SBiH Club in the FBiH House of Representatives, says, if it is an added step forward, then they will certainly have their unreserved support: “If it becomes an additional complication, then we will consider it further.” This Government is prone to big announcements, but when it comes to implementation, we have not witnessed any great efficiency so far”.
“Objective functioning, not bias in the work of the institution. Why? Because we don’t want a witch hunt, we really want a hunt for organized crime,” says SDA’s Muamer Zukić, president of the Bosniak Club in the FBiH House of Peoples.
Bosnia and Herzegovina generally occupies the top positions on the infamous lists of corrupt countries in Europe and the world. An institutional solution to this problem, at least in the Federation, could drop us a few places lower.
“The experience of European countries when the level of crime reaches such a level is that special attention should be paid to it, and it seems to me that now is the moment in BiH. Where the state gets stronger, corruption weakens,” notes lawyer Vlado Adamović.
Nevertheless, three decades of a dysfunctional judicial system, in which quality laws remain just letters on paper, do not leave much hope that the new institution in the Federation will bring about changes.
“Previous practice has shown that, unfortunately, we have no solutions when it comes to processing corruption cases. “You really can’t expect a newly formed institution, that is, a newly formed department, to solve all the problems that accumulate year after year”, says Damjan Ožegović, associate for legal affairs of Transparency International BiH.
Optimistic or not, the Government of the Federation still has a lot of work to do. Starting with finding adequate accommodation, and ending with the implementation of laws adopted a long time ago. If USKOK comes to life, it is another opportunity for the judiciary. To stop crime, eradicate corruption and restore citizens’ trust. Of course – if it is used for the right purposes.
