The general conclusion of the World Bank report, which was published in cooperation with the European Commission on the efficiency and perception of citizens on the work of the judiciary and which was presented at the session of the High Judicial and Prosecutorial Council (HJPC), shows the dissatisfaction of the citizens of Bosnia and Herzegovina in this area.
The World Bank’s research was presented on the first day of the HJPC session in Trebinje, and it included holders of judicial functions, lawyers, notaries and bailiffs, while citizens’ perception of the judiciary is negative, the report showed.
The same survey was conducted in 2020 and the reporters say that it was recorded that there was a slight improvement in the perception of citizens when it comes to the work of the courts, but that the work of prosecutors remained at the same level.
“Citizens’ perception of the efficiency of the judicial system is dominant, and citizens are significantly more satisfied with the efficiency of legal services, notaries and bailiffs,” said Marina Matić Bošković, an expert from the World Bank.
According to the report, judges and prosecutors believe that there are problems with procedural discipline and that less than half of court proceedings had concrete results. On the other hand, the judges believe that the other side in the proceedings is causing delays and that procedural inefficiency is being created as a result.
Respondents see recommendations for improving efficiency in increasing the number of employees in the administration and better organization of work in courts and prosecutor’s offices.
According to the data that was collected, 40 percent of the surveyed citizens said that they were satisfied with how their case was resolved, but that they considered it to be an isolated case and not a rule.
“You don’t get good results when citizens generally think about the functioning and efficiency of the judiciary,” Srđan Svričev, a senior specialist at the World Bank, said at the session.
Matić Bošković says that the surveyed citizens were satisfied with access to justice, but that over 40 percent of them are dissatisfied with access to information and that there is a barrier in the financial context. On the other hand, the data show that citizens do not know that they have the right to free legal aid or how to exercise that right.
“Fifty percent of citizens have heard that it exists, but do not know how they can exercise their right to free legal aid,” explained Matić Bošković.
Council member Džamna Vranić says that it is a big problem when a negative image of the judiciary emerges from a party in the proceedings. He adds that it is the task of all holders of judicial positions to bring a positive message to the public.
“Unfortunately, we have perceptions because of bad reporting, because of journalists who think that something is news that should not be breaking news,” Vranić said.
The report states that citizens now trust the media more than the judiciary and that this example is present only in Bosnia and Herzegovina. However, one of the biggest challenges is the fact that the surveyed citizens say that they do not know anything about judicial reform, that they do not have an opinion on it, and that they believe that nothing has changed. On the other hand, there are holders of judicial positions who think the same, he states Detector.
“We have a quarter who believe that nothing has changed and we have a quarter who believe that it is worse. We have a quarter who do not know in which direction it is moving,” Svirčev said.
Council President Sanin Bogunić says that he would not agree that Bosnia and Herzegovina is the only country where the media is more trusted than the judiciary. He is also of the opinion that the media should generally convey what the judiciary says.
“We are trying to put all that is good in the public. Whether someone broadcasts it or not, for what reasons, it is really difficult for us to influence the editorial policy and let it be known,” Bogunić said.
Also, citizens simultaneously believe that the judiciary in BiH is not independent, however, there is a significant number of prosecutors and judges with the same opinion. Citizens believe that corruption in the judiciary is highly prevalent, while judges and prosecutors are of the opinion that corruption is not a problem.
“We still have 40 or so percent of the prosecutors who participated in the research who say that corruption is present. That is a very large number. As long as we have prosecutors and judges who think so, we should pay attention to that,” said Svirčev.
In addition, he added the issue of fairness, i.e. whether all parties in the proceedings are treated the same.
“The situation is worse than it was in 2020,” explained Svirčev and added that political connections are actually the biggest and most fundamental problem, he writes Radio Sarajevo.
