Aspects of Accountability in Law Enforcement: A Case Study of Bosnia and Herzegovina

Abstract

This chapter will present recent trends related to the accountability of law enforcement in Bosnia and Herzegovina (hereafter Bosnia or BiH) while bearing in mind its postwar status with its many specificities compared to its neighbors in the Balkans. Starting with the background on developments in security sector reform, the paper will address key areas of consideration for accountability such as the current political climate, state institutions, civil society, and the media. Against this backdrop, this chapter will give a snapshot of migration management in the country. It will also include the analysis of the work of the BiH commission for review of citizenships, as well as the highly prominent case of the “Algerian group.” The aim of the paper is to show what the situation is in relation to the accountability of the security sector and to examine potential consequences on democratic processes in Bosnia that these issues might have.

The views and opinions expressed in this article are solely those of the author

Appendices

Annex

The Court of Bosnia and Herzegovina

Within its criminal jurisdiction, the Court of Bosnia and Herzegovina has jurisdiction over criminal offences defined in the Criminal Code of Bosnia and Herzegovina and other laws of Bosnia and Herzegovina. The Court has further jurisdiction over criminal offences prescribed in the Laws of the Federation of Bosnia and Herzegovina, Republika Srpska, and the Brčko Disctrict of Bosnia and Herzegovina, when such criminal offences: (a) Endanger the sovereignty, territorial integrity, political independence, national security, or international personality of Bosnia and Herzegovina; (b) may have serious repercussions or detrimental consequences to the economy of Bosnia and Herzegovina or may have other detrimental consequences to Bosnia and Herzegovina or may cause serious economic damage or other detrimental consequences beyond the territory of an Entity or the Brcko District of Bosnia and Herzegovina.

Within its administrative jurisdiction, the Court is competent to decide on actions taken against final administrative acts issued in the exercise of a public function.

Within the appellate jurisdiction, the Court of Bosnia and Herzegovina is competent to decide upon appeals against judgments or decisions delivered by the Criminal or Administrative Division of this Court, extraordinary legal remedies against final judgments rendered by the divisions of the Court, save the requests for reopening of proceedings.

The Prosecutor’s Office of BiH

In October 2003, the Parliament of Bosnia and Herzegovina adopted the Law on the Prosecutor’s Office of Bosnia and Herzegovina which was enacted by the Decision of the High Representatives of Bosnia and Herzegovina issued in August 2002. The first four National Prosecutors were appointed to their positions in the Prosecutor’s Office of Bosnia and Herzegovina on 16 January 2002. The first International Prosecutor in the Special Department for Organised Crime, Economic Crime and Corruption within the Prosecutor’s Office was appointed by the High Representative in March 2003. With the Completion Strategy of the International Criminal Tribunal for the Former Yugoslavia in place (2003), it is obvious that the Court of Bosnia and Herzegovina and the Prosecutor’s Office of Bosnia and Herzegovina should have a jurisdiction over the prosecution of war crimes and they should take over the war crime cases from the Hague Tribunal. Therefore, in 2004 a set of legal acts was drafted and it was adopted by the BiH Parliament in December 2004. In January 2005 the third department, the War Crimes Department, was established within the Prosecutor’s Office of Bosnia and Herzegovina which prosecutes war crimes cases.

The Constitution of Bosnia and Herzegovina stipulates jurisdiction of the Prosecutor’s Offices at the entity levels, whereas the Prosecutor’s Office of Bosnia and Herzegovina was additionally established as an institution with special jurisdiction for proceedings before the Court of Bosnia and Herzegovina against crimes stipulated by the Law on the Court of BiH, Law on Prosecutor’s Office of BiH, Criminal Code of BiH, Criminal Procedure Code of BiH, Law on Transfer of Cases from the International Criminal Tribunal for the Former Yugoslavia to the Prosecutor’s Office of BiH.

The jurisduction and scope of activities of the Prosecutor’s Office are stipulated by the Law on Prosecutor’s Office of Bosnia and Herzegovina whereby the Prosecutor’s Office is:

• An organ competent for conducting investigations of criminal offences under the jurisdiction of the Court of Bosnia and Herzegovina pursuant to the Criminal procedure Code of Bosnia and Herzegovina and other applicable laws.

• An organ competent for receiving requests for international legal assistance in criminal matters pursuant to the laws, multilateral and bilateral agreements and conventions including extradition or transfer of persons wanted by the courts or organs of the territory of Bosnia and Herzegovina and other States, or the international courts or tribunals.

• An organ in charge of producing statistical reports on its activities (Progress Report), including information on the status of criminality in Bosnia and Herzegovina.

The Prosecutor’s Office of BiH is a sui generis institution and it is not superior to the entity Prosecutors’ Offices, but its jurisdiction is limited to prosecution of crimes stipulated by the aforementioned laws.

The Ministry of Security of Bosnia and Herzegovina

Ministry of Security of Bosnia and Herzegovina was established in February 2003. This Ministry is composed of the following administrative organizations: Border Police of Bosnia and Herzegovina, State Investigation and Protection Agency (SIPA), Service for Foreigners Affairs, and Bureau for Cooperation with Interpol.

Ministry of Security of Bosnia and Herzegovina is Responsible for:

Protection of international borders, domestic border crossings and traffic regulation at BiH border crossings; prevention and tracing of perpetrators of criminal offences of terrorism, drug trafficking, counterfeiting of domestic and foreign currencies and trafficking in persons, and of other criminal offences with an international or inter-Entity element; international cooperation in all areas within the remit of the Ministry; protection of persons and facilities; collection and use of data relevant for the security of BiH; organization and harmonization of the activities of the Entity Ministries of Internal Affairs and of the District of Brčko of BiH in accomplishing the tasks of security in the interest of BiH; meeting of international obligations and co-operation in carrying out of civil defense, coordination of activities of the Entity civil defense services in BiH and harmonization of their plans in the event of natural or other disasters afflicting BiH, and adoption of protection and rescue plans and programs; Implementing BiH immigration and asylum policy and regulating procedures concerning movement and stay of aliens in BiH.

Border Police

Border Police of Bosnia and Herzegovina (former BiH State Border Service) has been established on the basis of the BiH Law on State Border Service which was imposed by the High Representative in BiH.

The new Law on BiH Border Police (State Border Service) adopted in October 2004 defines the BiH Border Police as an administrative organization with operational independence within the BiH Ministry of Security. The Border Police was established for the purpose of performing police tasks linked to the BiH border surveillance and border crossing control including other tasks regulated by the Law.

The State Investigation and Protection Agency

The State Investigation and Protection Agency (SIPA) was established in 2002 upon the adoption of the Law on the Agency for Information and Protection, which defines the Agency as an independent institution of Bosnia and Herzegovina in charge of collection and processing of information of interest for the implementation of international laws and the BiH Criminal Code, as well as for protection of VIPs, diplomatic and consular missions, and government institutions of Bosnia and Herzegovina. In June 2004, after the adoption of the Law on the State Investigation and Protection Agency, SIPA became the first police agency with full police authorizations and competencies across the entire BiH territory. This Law defines SIPA as an operationally independent administrative organization within the Ministry of Security of BiH, whose competencies include prevention, detection, and investigation of criminal offences falling within the jurisdiction of the Court of BiH, physical and technical protection of VIPs and buildings, protection of endangered and threatened witnesses, as well as other duties falling within its competencies as prescribed by the Law.

The Service for Foreigners Affairs

The Service for Foreigners Affairs was created by Law on Service for Foreigners Affairs and began work on 1 October 2006. The Service is an administrative organization within the Ministry of Security of BiH.

Competencies of the Service for Foreigners Affairs include administrative tasks regulated by the Law on Movement and Stay of Foreigners and Asylum, as follows: Registration of residence or change of residence of foreign nationals; issuance/withdrawal of identification and travel documents to aliens; verification of guarantee letters and invitations; annulment of visas for aliens; issuance of residence stickers for aliens; matters concerning asylum claims; approval of and extension of temporary/permanent residence; cancellation of temporary/permanent residence and detention of aliens; expulsion of aliens; dealing with documentation and its registration regulated by the Law on Movement and Stay of Aliens and Asylum, and registration under the jurisdiction of the Service.