The Office of the Disciplinary Prosecutor has initiated six disciplinary proceedings against holders of judicial institutions for failing to submit reports on assets and interests, the institution confirmed.
As stated by the Office of the Disciplinary Prosecutor, six disciplinary proceedings were launched for the disciplinary offense of “violation of provisions on the submission of reports on assets and interests” under the Law on the High Judicial and Prosecutorial Council (HJPC).
They said that proceedings were initiated against Judge Sando Nalic of the Basic Court in Visegrad, Judge Munevera Huseinbasic of the Basic Court in Banja Luka, Judge Dubravka Vidovic of the Basic Court in Banja Luka, Judge Velibor Milicevic of the Basic Court of the Brcko District of Bosnia and Herzegovina (BiH), and Judge Amira Merdic of the Municipal Court in Visoko.
“Proceedings were also initiated against former prosecutor of the District Public Prosecutor’s Office in Bijeljina, Muris Sabic, which, following the expiration of the appointee’s mandate, were suspended by a decision of the First-Instance Disciplinary Commission of the HJPC of BiH,” the Office of the Disciplinary Prosecutor stated.
Damjan Ozegovic from Transparency International (TI) said that since the Department for Verification of Reports on Assets and Interests of Judges and Prosecutors was established, the greatest resistance has come from the judiciary. This resistance, according to him, is not surprising, especially considering previous practice when the submission of reports truly depended on goodwill.
“The reaction of the Office of the Disciplinary Prosecutor is highly commendable, but since disciplinary proceedings are very lengthy and last on average between a year and a year and a half, it is in the public interest that they be concluded as soon as possible, precisely in order to deter all other holders of judicial functions who do not intend to submit reports or who may be late in submitting their forms and reports, to act in a timely manner so that the public can regain at least part of its trust in the judiciary when it comes to their assets and interests,” Ozegovic stated.
BiH media previously reported that the HJPC had also filed the first disciplinary complaints against holders of judicial functions who failed to submit their asset declarations.
The HJPC of BiH explained that 1.534 judges and prosecutors were obliged to submit reports on assets and interests. Among them, they added, in addition to current judges and prosecutors, holders of judicial functions whose mandates had expired were also required to report their assets and interests.
“Judges and prosecutors whose mandates have ended are, pursuant to the Law on the HJPC of BiH, obliged to submit a report on assets and interests for the year in which their mandate ended, as well as for the calendar year following the end of the mandate,” the HJPC previously stated in a written response.
Unlike active judges and prosecutors who should be subject to disciplinary sanctions, for those who no longer perform these functions due to the expiration of their mandate or any other reason, the law provides for the filing of misdemeanor charges.
The Law on the HJPC of BiH provides that all responsible officials who do not cooperate with the Department for Verification of Reports may be fined in the amount of 2.000 to 10.000 BAM.
Sanin Bogunic, President of the HJPC, previously announced to journalists that he would file complaints against those who do not comply with the law.
“The Office will assess who should be prosecuted and who should not,” Bogunic said at the time.
In November 2023, by adopting a new job classification, the HJPC effectively established the Department for Conducting the Procedure for Verifying Reports on Assets of Candidates for Judicial Functions–also envisaged by earlier amendments to the Law on the HJPC.
The Department began operations more than a year and a half after it was established, due to numerous delays in the application of the new amendments to the Law on the HJPC, adopted in September 2023, which envisaged the establishment of this department.
According to legal regulations, the Department for Conducting Procedures Based on Reports regularly verifies the accuracy, completeness, and truthfulness of the reported data, and analyzes data from reports on assets and interests for the purpose of identifying incompatible activities and potential conflicts of interest.
It is also tasked with submitting proposals to the Council to initiate misdemeanor proceedings related to reports on assets and interests, publishing the results of report verifications, and providing the Office of the Disciplinary Prosecutor with information on irregularities arising from the verification.
Reports on assets and interests will be published on the Council’s website, with the aim of strengthening integrity, transparency, and public trust in the work of the judiciary, as well as preventing conflicts of interest and other impermissible influences in the exercise of judicial functions.
