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Integrity Scorecard

2009 Assessment

Bosnia and Herzegovina: Integrity Indicators Scorecard

Bosnia and Herzegovina: Integrity Scorecard Report > Sub-Category: Law Enforcement
Indicators		Score
83	Is the law enforcement agency (i.e. the police) effective?	25
84	Can law enforcement officials be held accountable for their actions?	63

Indicator and sub-Indicator Details

Is the law enforcement agency (i.e. the police) effective?

83a: In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria.

Score:

100

Comments: While laws and regulations on fairness in promotions exist to insure that the best candidates are given jobs in public service, in practice, personal preferences, nepotism, cronyism and rivalries strongly influence the final choice.

References: The Center for Investigative Reporting "Cadets with A Murky Past" Published on June 20, 2009 [ LINK ]

HEAD OF EUROPEAN UNION POLICE MISSION STEFAN FELLER: NO POLICE IN THE WORLD CONSIST OF SAINTS Dnevni Avaz, Feb. 4, 2009 [ LINK ]

83b: In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a budget sufficient to fulfill its basic mandate. <p>50 Score Criteria: The agency (or agencies) has limited budget, generally considered somewhat insufficient to fulfill its basic mandate. <p>0 Score Criteria: The agency (or agencies) has no budget or an obviously insufficient budget that hinders the agency\'s ability to fulfill its mandate.$

Comments:

References: HEAD OF EUROPEAN UNION POLICE MISSION STEFAN FELLER: NO POLICE IN THE WORLD CONSIST OF SAINTS Dnevni Avaz, Feb. 4, 2009 [ LINK ]

COMMISSION OF THE EUROPEAN COMMUNITIES BOSNIA AND HERZEGOVINA 2008 PROGRESS REPORT, Brussels, Nov. 5, 2008 [ LINK ]

Peer Review Comments: Also note comments in the 2009 European Commission Progress Report on inadequate equipment and training that is provided for law enforcement agencies.

83c: In practice, the law enforcement agency is protected from political interference.

Score:

100

Comments:

References: Dodik announces possible withdrawal of Serb representatives from BiH institutions, Prud agreement under question MIA Archive and Research Report Feb. 24, 2009, [ LINK ]

Ajder, Miroslav: Bosnia: The Corruption Code Transitions Online March 17, 2009 [ LINK ]

Can law enforcement officials be held accountable for their actions?

84a: In law, there is an independent mechanism for citizens to complain about police action.

Score:

YES

Comments: The mechanism is called the Units for Professional Standards.

References: Law on the State Investigation and Protection Agency, Official Gazette of BiH No. 27/04

European Police Mission in Bosnia and Herzegovina [ LINK ]

84b: In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period.

Score:

100

Comments:

References: Advocacy and Legal Advice Center Report Transparency International BiH 2008

COMMISSION OF THE EUROPEAN COMMUNITIES BOSNIA AND HERZEGOVINA 2008 PROGRESS REPORT, Brussels, Nov. 5, 2008 [ LINK ]

84c: In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials.

Score:

YES

Comments:

References: Law on the State Investigation and Protection Agency, Official Gazette of BiH No. 27/04

European Police Mission in Bosnia and Herzegovina [ LINK ]

84d: In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials.

Score:

100

Comments:

References: Dodik announces possible withdrawal of Serb representatives from BiH institutions, Prud agreement under question MIA Archive and Research Report Feb. 24, 2009, [ LINK ]

Ajder, Miroslav: Bosnia: The Corruption Code Transitions Online March 17, 2009 [ LINK ]

84e: In law, law enforcement officials are not immune from criminal proceedings.

Score:

YES

Comments:

References: Law on the State Investigation and Protection Agency, Official Gazette of BiH No. 27/04

84f: In practice, law enforcement officials are not immune from criminal proceedings.

Score:

100

Comments: According to Center for Investigate Journalism (CIN), it appears that every year some 2,000 to 2,700 complaints are filed by citizens and fellow policemen against officers. In short, nearly all disciplinary measures wind up being overturned and policemen accused of wrong-doings are let go with no consequences. Other reports sit for so long without action that they end up dropped because deadlines set by law have been missed.

References: HEAD OF EUROPEAN UNION POLICE MISSION STEFAN FELLER: NO POLICE IN THE WORLD CONSIST OF SAINTS Dnevni Avaz, Feb. 4, 2009 [ LINK ]

The Center for Investigative Reporting: Police On the Edge of the Law Published in April 2009 [ LINK ]