Ambassador Eric Nelson's Remarks
OSCE
Trial Monitoring of Corruption Cases in BiH:
Second Assessment
Hotel
Bristol, Friday, April 19, 2019
Ambassador
Berton, Mr. Bizel, Mr. Lakic, Distinguished Guests, Ladies and Gentlemen:
It
is my pleasure to be here today to call attention to the specter of corruption
in Bosnia and Herzegovina, as highlighted in the OSCE’s second assessment on
monitoring of corruption trials in Bosnia and Herzegovina.
Is
there high-level corruption in Bosnia and Herzegovina? If we were to
pose this question to citizens of this country, most would say not only is
there corruption in BiH, but that this is one of the biggest maladies
afflicting the country. They know about corruption in BiH because
they directly suffer the consequences. Thanks to corruption, they
may not get jobs, or start businesses, and their loved ones are leaving this
beautiful country.
Corruption
and the rule of law are sworn enemies. Corruption prevails when the
rule of law is weak. Corruption is an impediment to political and
economic progress. Strong rule of law, which ensures everyone is
treated equally, is the backbone of every democratic society. The
citizens of this country should look for protection in a fair and transparent
judiciary. Instead many look to politicians who engage in fear
mongering and nationalist rhetoric, distracting them from real issues that
affect their everyday lives.
The
goal of this report is to help Bosnia and Herzegovina fight
endemic corruption, since only through increased transparency can this country
hope to solidify the rule of law. Over the past year, the OSCE, with
funds provided by the United States, monitored three hundred corruption cases
on multiple levels of the court system. Like last year’s report,
this report helps bring much needed transparency to the judiciary’s handling of
corruption cases.
Like
last year’s report, this report identifies major shortcomings in corruption
prosecutions and offers useful recommendations on how the judiciary can
overcome those shortcomings. Through our capacity building efforts,
the United States will continue to assist judges and prosecutors striving to
overcome those problems.
However,
the report also raises some troubling numbers that indicate that the BiH State
Prosecutor’s Office and the RS Prosecutor’s Office are not yet addressing high
level corruption. As we stated at last year’s report launch, we note
that the reasons for this are not just a lack training or resources, but also
political influence.
The
numbers also indicate some reason for hope. The report shows that
the cantonal prosecutor’s offices in Sarajevo and Tuzla have initiated more
high and medium level corruption cases than the BiH State Prosecutor’s
Office. We commend those offices for their courageous, principled,
and hard work in the fight against corruption.
The
BiH State Prosecutor’s Office was created with a mandate to handle the highest
level corruption cases in this country. The High Judicial and
Prosecutorial Council (HJPC) recently appointed a new chief prosecutor on the
state level. Citizens look to the chief prosecutor to prosecute
corruption on the highest levels, without regard to political
considerations. Without a track record of high level corruption prosecutions,
however, Bosnia and Herzegovina will prove itself to be weak in the rule of law
and unqualified to join the EU.
This report helps us understand a key reason why the World Bank ranks Bosnia and Herzegovina last in Europe when it comes to ease of doing business. Prosecution of corruption on the highest levels will enable this country to move forward.
In
my initial meetings, many government officials and businesspeople have told me
they want more American investment. But, U.S. investors hesitate to
invest where judges and prosecutors work for politicians, not for
justice.
Corruption
repels American investors from doing business here because our law, the Foreign
Corrupt Practices Act, prohibits the payment of bribes by American companies
and citizens. U.S. businesses have a hard time competing where
bribes are expected and the rules are rigged. So the people of this
country lose. Without U.S. and other honest, high quality
investment, BiH fails to progress economically. Bosnia and
Herzegovina needs a strong rule of law to increase investor confidence, create
more jobs, grow the economy and stem the brain drain of young talent.
Most
importantly, Bosnia and Herzegovina needs to make progress on rule of law so
that it can become a credible candidate for membership in the European
Union. The EU Commission’s Opinion on Bosnia and Herzegovina’s
application for EU membership is forthcoming. We expect that, like
in other prospective EU candidate countries, the opinion will address major
rule of law gaps, including a good track record prosecuting corruption, without
political considerations. There will be no progress on the EU path
if political forces maintain their grip on the judiciary.
There
are ways to step up the fight against corruption. First, there are
hard-working judges and prosecutors who consistently and significantly
contribute to anti-corruption efforts. I urge them to keep fighting
the good fight. We are here to support them with training and
technical assistance.
Secondly,
and more importantly, the HJPC should play a significant role in the fight
against corruption. Unfortunately, the HJPC is not doing its part
when it allows political forces to distort the selection process of judges and
prosecutors. That is, judges and prosecutors should be selected
based solely on merit, and not any other considerations. The
selection process should demand that judges and prosecutors be professionally
competent, not politically loyal. Allowing politics to enter the
selection process is one of the biggest threats to the rule of law in
BiH. As a public institution charged with upholding professional
standards and the independence of the judiciary, the HJPC must be accountable
to the citizens of this country -- not the politicians. Today’s
report helps assess that accountability. We call on the HJPC to
fulfill their mandate and ensure equal justice under the law for
everyone.
The
United States remains a steadfast and committed partner in helping Bosnia and
Herzegovina fight corruption. Bosnia and Herzegovina and its
citizens deserve better. Through transparency and accountability they can
identify the malignancy and work to excise it.
Hvala vam na paznji.
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