OSCE report on judicial shortcomings in processing corruption cases in Bosnia and Herzegovina presented in Brčko

BRČKO, Bosnia and Herzegovina, 28 March 2018 - The OSCE Mission to Bosnia and Herzegovina (BiH) presented a first assessment of issues negatively impacting the quality and effectiveness of the judicial response to corruption in BiH to representatives of the judiciary and law enforcement agencies today in Brčko. 

The report, titled Trial Monitoring of Corruption Cases in BiH: A First Assessment, is based on the observation of 67 completed corruption cases between January 2010 and September 2017. It was first published in February this year.

“Judges and prosecutors as well as law enforcement agencies from Brčko, Bijeljina, Doboj, Zvornik and Tuzla gathered today to discuss the processing of corruption cases in the forthcoming period,” said Legal Advisor at the OSCE Mission to BiH, Francesco De-Sanctis. “Combating corruption is a long-term process and it requires action from all of us.”

The main shortcomings identified in the report relate to the insufficient harmonization of criminal legislation, inadequate capacity of prosecutors in drafting indictments and gathering evidence as well inconsistencies in the interpretation of the law by courts.

The President of the Appeal Court of Brčko District, Damjan Kaurinović, said that the report represents the first in-depth analysis of the BiH judicial system in the area of corruption from multiple perspectives.

“Particularly relevant and useful, from the practical point of view, are the recommendations addressed to the prosecutor’s offices and courts in the country. These recommendations will contribute to the more efficient and effective processing of corruption cases, which is the main prerequisite for the establishment of the rule of law and progress of our society in general,” said Kaurinović.

Doboj Chief District Prosecutor, Željka Radović, said that the report and its recommendations underline certain structural issues. “The report takes a comprehensive approach to issues in the processing of criminal cases and represents a valuable contribution to enhancing the work of the BiH judiciary,” she said. Radović added that a number of the recommendations will assist in developing more efficient and practicable ways of enhancing the response of the judicial system to corruption at the legislative, institutional and individual levels.

The report was developed within the framework of the project Assessing Needs of Judicial Response to Corruption through Monitoring of Criminal Cases and with the support of the United States Department of State’s Bureau of International Narcotics and Law Enforcement Affairs. 

The report is part of the ongoing efforts by the OSCE Mission to BiH to conduct thorough analysis of the key issues affecting the functioning of the judicial system of Bosnia and Herzegovina.