TRIAL MONITORING OF CORRUPTION CASES IN BIH: SECOND ASSESSMENT

Since the expiry of the final deadline (conditional to the granting of the complaint) was included in the amended provisions as a grounds for closing an investigation – though the expiry of the original deadline has not been similarly included in the amended provisions as a grounds of closing an investigation14 – a plain reading of the legislation indicates that the expiry of the originally-set de. [...] Aside from creating a separate Appellate Court of BiH, the other main objective of the proposed legislation was to clarify the conditions for the exercise of jurisdiction by the Court of BiH on crimes foreseen under the criminal laws of the entities (so-called extended jurisdictions of the Court).43 The adoption of this law has been one of the key priorities of the EU-BiH Structured Dialogue on Ju. [...] 4.3 The establishment of the Special Departments in the FBiH The findings presented here with regard to the performance of the PO BiH and of the Special Department within the RS PO are reason to reflect on the – so far highly problematic – establishment of the Special Department within the Supreme Court of FBiH and of the Special Department within the FBiH Prosecutor’s Office. [...] The evidence proposed in the indictment consisted mainly of the testimonies of the head of the community and of individuals who should have received the packages in exchange for their votes.87 The testimonies given by the witnesses in court, however, did not support the charges, underscoring the weakness of the evidence gathered by the prosecution. [...] His conclusions essentially mirrored the description of the elements of the crime as presented in the indictment.89 To compound the problem, the expert’s testimony comprised the bulk of the prosecution’s evidence against the accused.