TI BiH: Disciplinary proceedings against judges, prosecutors non-transparent

NEWS 21.09.2021 14:20
Source: transparency.org

Transparency International in Bosnia and Herzegovina (TI BiH) finds it a bad practice that the High Judicial and Prosecutorial Council (HJPC) prevented the Second Instance Disciplinary Commission’s decision in the proceedings against BiH Chief Prosecutor Gordana Tadic from being made public until the parties receive a written copy, the global coalition against corruption said Tuesday.

The First Instance Disciplinary Commission imposed a disciplinary measure on the Chief Prosecutor to be moved from the position of Chief Prosecutor to the position of Prosecutor, the TI BiH said there is a public interest in knowing whether the decision was confirmed by the Second Instance Disciplinary Commission.

The coalition warns that disciplinary proceedings against judges and prosecutors are characterized by non-transparency in the form of anonymization of decisions issuing public reprimands and that the public has an interest in being informed about all the stages in proceedings against top judicial officials. Especially when disciplinary measures such as transfer or dismissal are imposed.

“The latest case in which the HJPC explicitly forbids the decision to be published until the written copy is delivered to the parties in the procedure, only confirms that it is necessary to change the regulations on disciplinary responsibility of judges and prosecutors in order to guarantee transparency of the procedure and publicity,” they said.

The TI BiH recalled that this is happening while the video which shows that the Chief Prosecutor of the BiH Prosecutor's Office, Gordana Tadic, met with Head of the Intelligence and Security Agency (OSA), Osman Mehmedagic is circulating in the public at a time when this Prosecutor's Office is investigating Mehmedagic’s education degree, which only deepens public distrust in law enforcement agencies.

“No one should use the function they perform to influence the prosecuting authorities, nor is it advisable for the chief prosecutor to meet with high-ranking officials while they are being investigated,” Transparency International BiH pointed out.


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