The Federal Prosecutor’s Office of the Federation of Bosnia and Herzegovina and the Special Department of the Prosecutor’s Office of the FBiH are facing a series of organizational and systemic challenges, but they are also recording significant results in their work, it was pointed out at today’s conference of the Federal Prosecutor’s Office of the FBiH in Sarajevo. The Chief Federal Prosecutor, Munib Halilović, assessed that with the establishment of the Special Department, the Federal Prosecutor’s Office has become a significantly more complex institution, as it now simultaneously performs both supervisory and operational functions in the prosecution of criminal offences.
As he stated, the Law that established the Special Department ten years ago did not regulate a number of key issues precisely enough, which in practice led to legal gaps that had to be resolved by internal acts.
– Everything that is not specified in the law is left to the general regulations that do not recognize the Special Department, so we had to regulate many relationships and procedures internally – Halilović said and added that this regulated the relations between the General and Special Department, the resolution of complaints and the consultative role of the General Department in the work on indictments.
Halilović warned that the Special Department is faced with a distinct overload, given the large influx of cases and the limited number of prosecutors. He pointed out that there are currently seven prosecutors working in the Special Department, with an additional two in the process of being appointed, while there are almost 1,156 cases, which represents a multiple workload.
– We have a situation of almost four annual norms per one prosecutor, which is neither expected nor appropriate and requires a systemic solution – stated Halilović.
He stated that such a situation directly affects the efficiency of the work and that it is necessary to urgently strengthen the staff and reorganize in order to relieve the prosecutors and ensure the sustainability of the work of the Special Department.
Halilović pointed out that the General Department continues to achieve high efficiency with more than 98 percent of resolved cases, and confirmed that the Federal Prosecutor’s Office sent an initiative to the Federal Ministry of Justice to amend the law, which would, among other things, redefine the jurisdiction of the Special Department and relieve the number of cases. Special Deputy and Head of the Special Department Hrvoje Čabrajić reminded that the department started working on April 30, 2023 in difficult conditions, without a sufficient number of personnel and basic technical equipment.
– We only had five prosecutors, a lack of support staff, and even basic technical resources. Today, we have reached a level that enables work, but it is still the minimum level that needs to be improved – said Čabrajić.
He pointed out that the department did not have an adjustment period, but immediately took over emergency and custody cases from the cantonal prosecutor’s offices, which, as he stated, was a “difficult and demanding process”.
– At first glance, taking over the case looks simple, but in practice it was an extremely complex job that required redistribution of staff and additional technical support – he said.
Čabrajić emphasized that all the cases taken were entered into the system and assigned to the prosecutors, and that in the first year of work, eight indictments were filed in cases of organized crime, high corruption and criminal offenses against judicial officials.
– These are serious cases of organized crime, high corruption and complex investigations, and all decisions were made solely on the basis of the law and evidence, without external influences – he stated.
He particularly emphasized the good cooperation with the Federal Police Administration, the State Agency for Investigation and Protection and the Ministry of Internal Affairs of Sarajevo Canton, stressing that the support of police agencies is crucial for the work of the prosecution.
Nevertheless, Čabrajić also warned about the serious problem of prosecutors being overburdened with a large number of cases.
– It is impossible for one prosecutor to work on 150 cases at the same time. It is a systemic issue that must be resolved at the level of the entire prosecution system – said Čabrajić.
He confirmed that an initiative has been sent to amend Article 25 of the Law on Suppression of Corruption and Organized Crime, which would increase the property tax and more precisely define the jurisdiction of the Special Department, which, according to estimates, could reduce the number of cases by about 500.
(TYPE/Source: Fena/Photo: Hazim Aljović)
