Bosnia’s top judicial institution confirmed the dismissal of BiH Chief Prosecutor Gordana Tadic Wednesday, after the Second Instance Disciplinary Commission for Judges and Prosecutors dismissed her from the position.
She was dismissed with six votes in favour, five were against and one member of the Council abstained.
Tadic will now perform the function of a prosecutor.
Gordana Tadic’s dismissal was confirmed by the second instance Disciplinary Commission of the High Judicial and Prosecutorial Council (HJPC) BiH, after rejecting her complaints to the first decision, as unfounded.
She was imposed a measure of transfer from the position of Chief Prosecutor to the position of Prosecutor of the Prosecutor's Office of Bosnia and Herzegovina.
The HJPC, who can appoint, dismiss and discipline judges and prosecutors in the country, 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 17th and 18th of 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.”
They also stated that she “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.
“Item b) of the said decision said 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.