Amendments to the Law on the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPCBiH), which the Council of Ministers of BiH referred to the parliamentary procedure, have been worsened by new amendments by which the government seeks to weaken the mechanisms for the prevention of conflicts of interest, the control of related persons and property records of holders of judicial functions.
This is the assessment of Transparency International in BiH (TIBIH), which in a press release warns of the negative consequences of such moves, and in connection with which it sent comments to the proposer of the law as well as a letter to the Parliamentary Assembly of BiH (BiH PA) and caucuses in the parliament.
“The proposal of the Law, which was referred to the procedure, even though it partially improves accountability mechanisms in the judiciary, did not address all the recommendations of the Venice Commission and the European Union because the Council of Ministers of BiH introduced new changes that narrow the provisions on conflict of interest and the scope of information that holders of judicial functions and members of the Council must report in property records,” TIBiH warns.
In addition, TIBiH stated that they warned from the beginning about the obligation to submit property data only for members of the same household leaves the possibility of reporting property to close relatives in such a way that the property is concealed and transferred, for example, to adult children who do not live in the same household. It is, therefore, possible to hide information about property and ways of acquiring it.
“The possibility is also left that those for whom there is an obligation to provide property information refuse to do so, which opens up additional space for circumventing the provisions on property declaration,” it is specified.
For TIBiH, the method of verifying the reported data in the asset registers is also controversial, where there is room for subjective assessment of risk criteria and unequal treatment in the selection of holders of judicial functions, which, as they state, will ultimately represent an obstacle to the efficient control of property and private interests of holders of public functions.
“On the other hand, sanctions for untimely submission or for knowingly submitting incorrect or incomplete information in property records are not adequately prescribed. It is also disputed that the Integrity Unit, which should be responsible for the implementation of provisions on conflict of interest and control of property records, is placed in the Secretariat of the HJPC, which calls into question its independence and impartiality regarding the members of the Council themselves,” TI BiH explains in the announcement.
Therefore, TIBiH calls on the Parliamentary Assembly of BiH to adopt, through the parliamentary procedure, solutions that have previously been harmonized with European and international standards, “and to avoid further undermining the already low public trust in judicial institutions, which according to all relevant research is at a historic low”.
