The eighth annual conference as part of the Judicial Forum for Bosnia and Herzegovina on the topic of “The role of the highest courts and the Constitutional Court of BiH in the harmonisation of case law in prosecuting organised crime and corruption cases” was held in Sarajevo today.

Eighth Judicial Forum for BiH: Harmonised case law is the key for fighting organised crime

Harmonisation of case law is the key for the improvement of a judicial response to organised crime and corruption. While some judicial institutions have made considerable progress in the prosecution of this types of cases, others still need to improve their practices in order to ensure legal certainty and equal treatment and prevent impunity – was the message from the opening ceremony of the Eighth Judicial Forum for Bosnia and Herzegovina, today in Sarajevo.

As one of the most important judicial gatherings in BiH, this event has brought together more than 70 participants — presidents, judges, prosecutors and attorneys, the highest judicial institutions from BiH and other countries of Europe, as well as representatives of ministries and other relevant institutions, international organisations and civil society.

The topic of this year's Forum is “The role of the highest courts and the Constitutional Court of BiH in the harmonisation of case law in prosecuting organised crime and corruption cases”. The Judicial Forum for BiH has been organised by the Constitutional Court of BiH and the AIRE Centre Western Balkans Programme, in cooperation with the High Judicial and Prosecutorial Council of BiH, and with the support of the Government of the United Kingdom.

“Every year at the Judicial Forum for BiH we make efforts to address the three important needs of the judiciary of Bosnia and Herzegovina. First, this gathering is one of key events where the highest national judicial institutions, their representatives, judges and prosecutors discuss the current challenges. Second, in this way we strive to anticipate future challenges and together develop a professional and unified response of the judiciary," Ms. Biljana Braithwaite, AIRE Centre Western Balkans Programme Director said.

Braithwaite emphasised that conclusions of the Forum often surpass the incident itself and impact specific strategies and initiatives. “In the end, our goal is to strengthen cooperation between judicial institutions, domestically and with international partners alike. This is consistent with our mission of harmonisation of case law with the European standards and the strengthening of the rule of law on BiH’s path towards the European Union."

Ms. Seada Palavrić, President of the Constitutional Court of BiH, emphasised in her keynote address that the Judicial Forum for BiH is a genuine platform for direct exchange of opinions between all the participants relevant for harmonisation of case law in prosecuting organised crime and corruption cases. With regard to this year’s topic, she pointed out that the judiciary is required to ensure the rule of law and equality of all before law.

“The goal is that a person who is being tried for criminal acts of organised crime and corruption is not treated differently depending on the trial venue in BiH and that their right to a fair trial and, in particular, the right to liberty and security of person be respected equally. In addition, all persons, including the ones charged with the mentioned criminal acts, must be afforded the highest level of internationally recognised human rights and freedoms, as stipulated in the Constitution of BiH,” Constitutional Court of BiH President said.

Mr. Halil Lagumdžija, President of the High Judicial and Prosecutorial Council of BiH, noted that this year's Forum has placed special emphasis on the role of the highest courts and the Constitutional Court of BiH in the light of Articles 5, 6 and 8 of the European Convention on Human Rights.

"I wish to underline the importance of harmonisation of decisions of ordinary courts with those of the Constitutional Court of BiH, particularly in the context of prosecution of organised crime and corruption cases, as well as the importance of this harmonisation for the society of BiH as a whole. In this connection, the HJPC of BiH, in cooperation with the AIRE Centre, has been issuing a periodical called Pravna hronika for the past ten years, providing information to the legal professionals about selected, recent case law of domestic and international courts alike, thereby contributing to the harmonisation of case law of the domestic judiciary," HJPC of BiH President concluded.

New technologies bring challenges as well as opportunities for judiciary

Renowned judicial experts from Europe will give their presentations during the event. This year the Forum will be hosting Mr. Michael Hopmeier, Judge of the Southwark Crown Court in London. Judge Hopmeier will discuss the international aspect of fight against organised crime, money laundering and fight against corruption, as well as challenges and cooperation needed for successful confiscation of unlawful property. Ms. Mirjana Lazarova Trajkovska, former judge of the European Court of Human Rights and President of the Criminal Division of the Supreme Court of Northern Macedonia, will address the challenges associated with new technologies in the context of organised crime.

H.E. Julian Reilly, British Ambassador to BiH, pointed out that this year’s Forum would for the first time introduce the subject of cyber-crime, which is linked to broader discussions of abuse of technology in the commission of criminal acts of organised crime that had been the focus of previous Forums. For example, the Judicial Forum for BiH was among the first to start a professional discussion on the lawfulness of evidence obtained from encrypted applications such as Sky and ANOM.

"The discussion continues and we await first judgments in cases where evidence from encrypted applications was used. The Forum gives a review of digital technologies, with associated tremendous challenges as well as advantages. We are aware that criminals use sophisticated technologies and exploit weaknesses in the legislations and systems in order to commit many criminal acts at the expense of private companies, governmental institutions and even human lives," the Ambassador said.

Ambassador Reilly added that technologies such as artificial intelligence have the potential of transforming the way in which the judiciary operates. “Today is but the start of discussion of this issue that will be analysed in much more detail in the near future.”

The goal of the Judicial Forum for BiH is to contribute to the application of the European Convention on Human Rights and provide support to the judicial system of BiH in the process of preparation for European integration. The Forum fosters cooperation between the highest judicial bodies in BiH thus contributing to harmonisation and alignment of national case law with the European standards and to the legal certainty of citizens in BiH.