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QUARTERLY REPORT APRIL 2018 – JUNE 2018

USAID’S JUSTICE ACTIVITY IN

July 15, 2018

DISCLAIMER

This document was produced for review by the United States Agency for International Development. It was prepared by Millennium DPI Partners, LLC. The views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.

QUARTERLY REPORT APRIL 2018 – JUNE 2018

USAID’S JUSTICE ACTIVITY IN BOSNIA AND HERZEGOVINA

Contract: AID-168-TO-14-00001

Implemented by:

Millennium DPI Partners, LLC Two Boar’s Head Place, Suite 130 Charlottesville, VA 22903

Project Address: Grbavicka Street No. 4, 5th floor , Bosnia and Herzegovina Telephone: 38733-219-678 E-mail: [email protected] USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018

TABLE OF CONTENTS

TABLE OF CONTENTS ...... i LIST OF ACRONYMS ...... ii ABOUT THE PROJECT ...... 1 EXECUTIVE SUMMARY ...... 2 SIGNIFICANT EVENTS OF THE QUARTER ...... 4 Component 1: Improve the Professional Status and Performance of Prosecutors ...... 4 Component 2: Strengthening Justice Sector Institutions to Uphold Public Integrity and Combat Corruption ...... 4 SECTION I – ACTIVITIES AND RESULTS ...... 6 Component 1: Improve the Professional Status and Performance of Prosecutors ...... 6 Component 2: Strengthening Justice Sector Institutions to Uphold Public Integrity and Combat Corruption ...... 17 SECTION II – REPORTS AND DELIVERABLES ...... 27 Component 1: Improve the Professional Status and Performance of Prosecutors ...... 27 Component 2: Strengthening Justice Sector Institutions to Uphold Public Integrity and Combat Corruption ...... 28 SECTION III – MAJOR ACTIVITIES PLANNED FOR NEXT QUARTER ...... 29 Component 1: Improve the Professional Status and Performance of Prosecutors ...... 29 Component 2: Strengthening Justice Sector Institutions to Uphold Public Integrity and Combat Corruption ...... 30 SECTION IV – M&E RESULTS AND FINDINGS ...... 31 POCM Survey Data – April 2018 ...... 31 M&E Data for Quarter 3, Activity Year 4 ...... 33 ANNEX 1 – ORGANIZATIONAL CHART...... 40 ANNEX II – SUCCESS STORy ...... 41

Page i USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 LIST OF ACRONYMS

AEA Association of Expert Associates APIK Agency for the Prevention of Corruption and Coordination of the Fight against Corruption BiH Bosnia and Herzegovina BIRN Balkan Investigative and Research Network BoR Book of Rules CEELI Central and Eastern European Law Initiative CEPEJ European Commission for the Efficiency of Justice DA Diagnostic Analysis of the Integrity of the Judicial Sector in BiH and Potential Risks of Corruption or Unethical Conduct in Judiciary DCMS Disciplinary Case Management System DJM Double Jeopardy Manual EU European Union FBiH Federation of Bosnia and Herzegovina GRECO Group of States against Corruption HJPC High Judicial and Prosecutorial Council of Bosnia and Herzegovina IPA Instrument for Pre-Accession Assistance IT Information Technology JA Justice Activity in Bosnia and Herzegovina JPTC Judicial and Prosecutorial Training Center M&E Monitoring and Evaluation NGO Non-Governmental Organization ODC Office of Disciplinary Counsel PGI Prosecutor-Guided Investigation PO Prosecutor Office POAP Prosecutor Office Assistance Plan POCM Prosecutor Office Capacity Matrix PPP Prosecutor Partnership Program PR Public Relations RS RSSPO Special Office (Department) for Organized Crime and Corruption of the Republic PO of Republika Srpska SAI Supreme Audit Institution SDC Project Project on Strengthening POs’ Capacities in the Criminal Justice System, funded by the Swiss Agency for Development and Cooperation and the Norwegian Government SC HJPC Standing Committee for the Efficiency of POs in BiH SCL HJPC Standing Committee on Legislation TAIEX Technical Assistance and Information Exchange UK United Kingdom USAID United States Agency for International Development

Page ii USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018

ABOUT THE PROJECT

The United States Agency for International Development’s (USAID’s) Justice Activity (JA) in Bosnia and Herzegovina (BiH) is a five-year rule of law initiative being implemented from October 2014 until October 2019. Its purpose is to help justice sector institutions in BiH effectively combat government corruption, prosecute serious crimes to ensure the integrity of public institutions, and build public trust. The JA’s components include:

• Component 1 — Activities to strengthen the professional status and performance of prosecutor offices (POs) in BiH, involving implementation of a prosecutor partnership program (PPP) with 19 POs including the newly established Special Office (Department) for Organized Crime and Corruption of Republic PO of Republika Srpska (RSSPO) • Component 2 — Activities to strengthen the BiH justice sector institutions to uphold public integrity and combat corruption.

In implementing these activities, the JA works in partnership with key actors and stakeholders in the justice system in BiH, primarily the High Judicial and Prosecutorial Council (HJPC), partner courts and POs, and ministries of justice.

Specific activities include partnership programs with each PO, providing individual assistance to prosecutors, supporting the Office of Disciplinary Counsel (ODC) to enhance ethical standards and integrity, and preparing in-depth diagnostic assessments of key issues. These activities are led by a project team of national legal experts with in-depth knowledge of the BiH judicial system. This local team is supported by a wide range of international and national experts who provide specialized expertise.

Page 1 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 EXECUTIVE SUMMARY

During this quarter, the JA continued to implement activities with 19 POs to: 1) enhance the status and performance of prosecutors, 2) improve the integrity of the justice sector to garner public trust, and 3) improve the capacity of courts and prosecutors to enforce laws against corrupt officials.

The JA continued to provide intensive practice-based training and mentorship to prosecutors working in the Sarajevo, Bihać, Orašje, , Brčko District, , , and POs. In total, three specialized trainings were provided in cooperation with the Judicial and Prosecutorial Training Centers (JPTCs) and the Strengthening POs’ Capacities in the Criminal Justice System Project (SDC Project), funded by the Swiss Agency for Development and Cooperation and the Norwegian Government. This involved a training for each group of prosecutors specializing in: corruption, economic and organized crime, as well as in cyber-crime cases that are associated with organized and financial crime. Thus, the JA contributed to the implementation and completion of the advanced specialized training programs, which are part of the JPTCs’ Annual Training Program for Judges and Prosecutors for 2018.

The District PO in requested the support of the JA in delivering an intensive on-site training to prosecutors of the District POs Banja Luka, , and Doboj, the Republic PO of the Republika Srpska (RS), and the Special Office for Organized Crime and Corruption of the Republic PO of Republika Srpska (RSSPO) on the identification and use of electronic evidence, with the assistance of a regional expert.

During this quarter, the JA supported seven prosecutors from six partner POs to complete an intensive five-day anti-corruption training, taking place from 23 to 27 April 2018 at the Central and Eastern European Law Initiative (CEELI) Institute in Prague. The JA also organized a second workshop/meeting between chief prosecutors and the General Auditor in the Federation of Bosnia and Herzegovina (FBiH) on Jahorina. The workshop resulted in an agreement on further steps to operationalize the cooperation between auditors in FBiH and POs, through appointed prosecutors who will serve as focal points for cooperation.

In this reporting period, the JA completed an analysis of regional practices in using expert witnesses in 15 European Union (EU) countries and Kosovo and Albania. The analysis, which was submitted to the SDC Project for further discussion, identified model options for improvements to the BiH system. In order to build prosecutors’ understanding of financial terminology, the JA worked with local experts to identify over 200 terms that were put together in a Glossary of Financial Terms. In the reporting period the JA completed the Draft Double Jeopardy Manual, which was presented at the Annual Conference on Misdemeanors in Bijeljina, which provided a forum to discuss the document with the judicial community and stakeholders.

The JA also focused on strengthening the managerial and organizational capacities of POs. The Project supported meetings of the Collegium of Chief Prosecutors in FBiH, where POs discussed and assessed achievements in realizing strategic annual objectives and results. Further steps were planned to increase transparency and meet the public’s need for information through more responsive public outreach and more effective use of PO websites. The JA also introduced a strategic mechanism for the asset forfeiture process and delivered the final training, within the first cycle of trainings, on the budget planning process for POs and courts. The JA provided specific support in this area to POs in Mostar, Bihać, and Trebinje.

Page 2 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018

In order to further strengthen prosecutorial exchanges, the JA accepted requests of the JPTC of FBiH and the Association of Prosecutors of FBiH to contribute to the Annual Criminal Law Conference by delivering presentations on the Draft Double Jeopardy Manual and standards of proving complex cases.

The JA organized a workshop to increase the capacity of prosecutors and public spokespersons to improve the quality and availability of information disseminated to the public on complex criminal cases. As of June 2018, and as a part of the JA’s additional efforts to strengthen the legal capacity in in the Goražde, Bihać, and Prijedor partner POs, a short term legal judicial associate started to work in the Goražde PO. To build its capacity to provide information to the public, the JA also supported the Goražde PO to establish and launch its first official website. Goražde was the only PO without a functional website. All these activities contributed to the implementation of recommendations of the JA Analyses developed on the use of expert witnesses, asset forfeiture, audit reports, and court verdicts, particularly in relation to the development of knowledge and skills of prosecutors.

The JA completed its support to the HJPC Working Group on Integrity and Accountability in the development of the Book of Rules (BoR), which regulates the procedures for the submission, verification, and management of asset declaration forms for judges and prosecutors. The JA also completed its support to the HJPC Standing Committee on Legislation (SCL) in terms of assisting in the drafting of the proposed amendments to the Law on the HJPC regarding asset declaration and judicial discipline. Both of these efforts resulted in the preparation of a draft BoR, to be considered by the HJPC and the adoption of draft amendments to the Law on the HJPC in this quarter, which to a greater or lesser extent, incorporate some of the proposals made by the JA, as described in detail under Activities 2.3, 2.4, and 2.5 below.

The JA finalized the Manual on the Use of the New Statistical Framework on Corruption and Organized Crime and Economic Crime Cases. The JA, in collaboration with the HJPC and ODC, continued the development of the Judicial Discipline Benchbook and the Ethics Handbook. Work also continued through the JA’s editorial board on the development of the Universal Benchbook for the prosecution and adjudication of corruption and organized and economic crime cases.

The JA and the JPTCs delivered the following trainings during the reporting period: 1) on April 18– 19, training on ethics for judges and prosecutors on ethical considerations in conflicts of interest situations; 2) on April 25, training for the ODC and other disciplinary bodies and stakeholders on the development of well-reasoned disciplinary decisions, including improved application of the Disciplinary Sanctioning Guidelines; and 3) on May 16–17, a two-day roundtable discussion on administrative disputes in public procurement cases with the participation of 27 judges and representatives of the BiH procurement agency, the BiH procurement review body and non- governmental organizations (NGOs).

Page 3 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 SIGNIFICANT EVENTS OF THE QUARTER

COMPONENT 1: IMPROVE THE PROFESSIONAL STATUS AND PERFORMANCE OF PROSECUTORS

• Delivered on-the-job training for prosecutors, utilizing prosecutor-guided investigation (PGI) experts on criminal and financial investigations to strengthen PO capacity to manage investigations and trials in corruption and economic crime cases • Delivered intensive two-day training to prosecutors in District POs in Banja Luka, Prijedor, and Doboj, the RS, and RSSPO on the identification and use of electronic evidence (May 31– June 1, 2018) • Organized a working visit between prosecutors of the POs in Mostar and Sarajevo, aimed at increasing capacities of prosecutors in the Mostar PO in the area of financial investigations • Organized a workshop between chief prosecutors in FBiH and the General Auditor of FBiH (April 13, 2018) • Supported the organization of the meeting of the Collegium of Chief Prosecutors in FBiH (June 25–26, Sarajevo) • Completed specialized training on the use of audit report findings, financial and forensic investigations, and asset forfeiture, in cooperation with JPTCs and the SDC Project (April 10– 11, 2018, Sarajevo) • Completed specialized training on the use of electronic evidence (cybercrime), in cooperation with JPTCs and the SDC Project (April 25–26, 2018, Sarajevo) • Completed specialized training on the legality of evidence and the forming of investigative teams in economic and organized crime cases, in cooperation with JPTCs and the SDC Project (May 7–8, 2018, Sarajevo) • Organized participation of seven prosecutors from six partner POs at the intensive five-day anti-corruption training at the CEELI Institute in Prague (April 23–27 April, 2018) • Participated in the second Annual Conference on Misdemeanors (24–26 May, Bijeljina) • Participated in the 17th Annual Criminal Law Conference (June 7–9, ) • Completed training for spokespersons, public relations (PR) staff, and chief prosecutors on “Informing the Public About Complex Cases—Challenges and Good Practices” (April 12–13, 2018, Jahorina)

COMPONENT 2: STRENGTHENING JUSTICE SECTOR INSTITUTIONS TO UPHOLD PUBLIC INTEGRITY AND COMBAT CORRUPTION

• Delivered a workshop to facilitate discussions and agreement between the Agency for the Prevention of Corruption and Coordination of the Fight against Corruption (APIK) and the

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HJPC related to sharing of judicial statistical information through the newly developed HJPC business intelligence system on June 7 (Activity 2.2.2.b) • Within the HJPC’s initiative aimed at adopting a new Law on the HJPC, in its May session, the HJPC adopted a proposal for amendments to the Law on the HJPC, including provisions strengthening ODC’s independence within the HJPC as well as improving the asset declaration system and judicial discipline process (Activities 2.3.1.a, 2.4.1.b, and 2.5.1.e) • Delivered training for the ODC and other disciplinary bodies and stakeholders on the development of well-reasoned disciplinary decisions, including improved application of the Disciplinary Sanctioning Guidelines, on April 25 (Activities 2.3.1.b and 2.3.2.b) • Delivered training on ethics for judges and prosecutors on ethical considerations in conflicts of interest on April 18–19 (Activity 2.5.1.b) • Presented the basic principles of the BoR on the submission, verification, and management of asset declarations of judges and prosecutors reforming the asset declaration system for the judiciary at the April HJPC session (Activity 2.5.1.d) • Conducted a two-day roundtable discussion on administrative disputes in public procurement cases, with judges and representatives of public procurement bodies, in collaboration with the NGO anticorruption network ACCOUNT and entity JPTCs on May 16–17

Page 5 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 SECTION I – ACTIVITIES AND RESULTS

COMPONENT 1: IMPROVE THE PROFESSIONAL STATUS AND PERFORMANCE OF PROSECUTORS

ACTIVITY 1.1: STRENGTHENED ORGANIZATIONAL LEADERSHIP, PLANNING, AND PERFORMANCE OF PROSECUTORS

Activity 1.1.1 – Establishing the Prosecutor Partnership Program (PPP) with Year 4 Partner POs This Activity was completed during Quarter 1.

Activity 1.1.2 – Develop PO Assistance Plans (POAPs) with New Partner POs This Activity was completed during Quarter 2.

Activity 1.1.3 – Implementation of POAPs in Partner POs During the reporting period, the JA gave each partner PO an informational overview of the support activities the JA will be providing throughout the implementation of the POAPs. These documents were developed and will be used as a tool for tracking the implementation of the POAPs, discussing the specific needs of POs, and designing future activities.

USAID’s approval was obtained to use Special Activity Funds to engage or hire judicial associates to provide additional support to the partner POs in Bihać, Goražde, and Prijedor for the purpose of improving the POs’ efficiency and strengthening their capacity to investigate and prosecute cases of corruption and organized and economic crime. In this quarter, the JA engaged one judicial associate in the PO in Goražde, who was hired on June 1, 2018. The engagement of five more judicial associates in the two remaining POs (Bihac and Prijedor) is expected to be finalized in the next quarter, in cooperation with chief prosecutors.

Activity 1.1.4 – Strengthening PO Capacity through Implementing Findings from Special Analyses in Selected Areas a) Presentation of the Year 3 Analyses This Activity was completed during Quarter 2.

As announced in the previous quarter, at the request of the JPTC and as a result of the great interest shown in the Diagnostic Analysis and the three Special Analyses produced by the JA in Years 2 and 3, additional printings of all four analyses were made during this quarter. Specifically, these analyses are titled: the Diagnostic Analysis of the Integrity of the Judicial Sector in BiH and Potential Risks of Corruption in the Judiciary (DA); the Analysis of Prosecution of Corruption Cases through Relevant Verdicts Rendered by Courts in BiH; the Analysis of the System for Engaging Expert Witnesses in Cases of Corruption, Organized and Economic Crime; and the Analysis of the System of Forfeiture of Proceeds of Crime in BiH.

Page 6 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 b) Implementation of Expert Witness Analysis In Quarter 3 the JA continued assisting the HJPC to design and implement a procedure for utilizing expert witnesses engaged in POs, as envisaged by the HJPC’s Strategy for Acting towards Persons Coming into Contact with POs in BiH. With the assistance of the short-term technical assistance international expert, the JA compiled a table containing data from 15 EU countries, Albania, and Kosovo and their practices in using expert witnesses. This table also observed some specific and relevant approaches to this issue by the United Kingdom (UK) Crown Prosecutor Offices. Based on this table, the JA prepared a document containing a brief overview of findings and options on how to improve the relationships between POs and expert witnesses in BiH. To promote discussion and garner feedback, this document was shared with the SDC Project, which supports the work of the HJPC’s Standing Committee for the Efficiency of POs in BiH (SC). The JA staff also presented the information to SC members during the fourteenth Conference of the Court Presidents and Chief Prosecutors to inform them about the findings of the analysis and to discuss potential activities in this area. These activities include the introduction of specific rules for regulating procedures to be followed by prosecutors in their work with expert witnesses.

In the next quarter, the JA will continue to cooperate with the SC in the process of identifying the most appropriate model for improving the use of expert witnesses in POs, including monitoring their work. Depending on these discussions, the JA will create draft guidelines on utilizing expert witnesses who would best fit the needs of POs, as envisaged by the HJPC’s Strategy. As planned in this quarter, the JA engaged two national experts and started developing the Glossary of Financial Terms for use by prosecutors in financial crime cases, as one of the follow-on activities from the Expert Witness Analysis. The JA, with the assistance of two experts, and relying on the input received by partner POs, identified approximately 200 financial terms to be included in the Glossary. In the coming quarter, the JA will continue developing the Glossary with the aim of producing a final draft by the end of Year 4 with a possible carryover to Year 5. c) Implementation of the Audit Report Analysis On April 12, 2018, the JA organized a workshop at Jahorina between the General Auditor of FBiH and chief prosecutors in FBiH. Twelve participants continued the discussion and formulated an agreement regarding the principles of communication between auditors and POs. As a result, a follow- up initiative of the General Auditor of FBiH was proposed and has been fully supported by all POs. The proposal was to have the JA assist in the organization of a one-day workshop between auditors and prosecutors who have been appointed by chief prosecutors as focal points for cooperation with the Supreme Audit Institution (SAI). The event will take place on July 4, 2018 in facilities of the Office for Auditing Institutions in FBiH. The aim is to establish a functional mechanism of cooperation in FBiH based on interpersonal connections between prosecutors and auditors that will assist cooperation in the area of concrete issues and cases.

The JA has requested a meeting with the newly appointed Chief Auditor in the Office for Auditing Institutions in the RS to inform him of current JA activities and to discuss actions to support stronger cooperation between the auditing institutions and the POs in RS. It is expected that the meeting will take place during Quarter 4. Based on the results of this meeting, the JA will plan further actions that may carry over into Year 5. d) Implementation of Asset Forfeiture Analysis In this quarter, the JA conducted an analysis of data that was collected as a result of the JA’s draft proposal of indicators for measuring the success rates in asset forfeiture cases. The data was collected

Page 7 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 with the purpose of developing a baseline assessment that would be used to propose targets under the Strategic Framework for the work of prosecutorial system in FBiH. The calculation of a baseline and definition of the respective targets have to be grounded in data collected in a consistent, complete, and accurate manner. To achieve this, the JA developed data entry forms with necessary explanations to ensure proper data collection. The analysis of collected data was presented at the Collegium of Chief Prosecutors of POs in FBiH, which was held on June 25 and 26 in Tarčin. The JA reported to the Collegium on the shortcomings of the collected data, since some POs did not deliver the data in the requested uniform manner. At the conclusion of this meeting, the Collegium recognized the importance of collecting data in a uniform manner and adopted the JA’s proposed data entry form in which data on asset forfeiture in all types of criminal cases for 2018 will be manually entered.

Further, on April 10 and 11 the JA, together with the HJPC and JPTCs, provided technical assistance in organizing the training on financial and forensic investigations and asset forfeiture for a group of prosecutors specializing in the area of corruption (see also Activity 1.3.1.b).

From May 30 to June 1, the JA participated in an EU (Technical Assistance and Information Exchange [TAIEX]) roundtable on the implementation of recommendations stemming from the EU Peer Review Report on Criminal Procedure in processing corruption, organized crime, and money laundering cases from October 2017. The JA delivered a presentation of findings and recommendations of the Asset Forfeiture Analysis. A list of recommendations from the roundtable, stemming from EU, Organization for Security and Co-operation in Europe (OSCE), and USAID JA presentations on different aspects of criminal procedure, was created and sent out to the authorities who are to propose concrete short-term, mid-term, and long-term actions with specific timeframes to implement the recommendations.

In the next quarter, the JA will present the analysis of data on asset forfeiture and financial investigations for the period of 2015–2017 collected from POs in the RS, with the aim of considering adopting a data collection system similar to that of the FBiH.

The JA will also continue to provide support to the EU in finalizing the recommendations from the Peer Review Roundtable in May 2018, after input is received from national authorities. e) Implementation of Analysis of Court Verdicts As announced in the previous quarter, the JA has been awaiting approval from the HJPC for the development of a database documenting court verdicts that the JA will work on with the Supreme Court of FBiH. The development of a database was one of the recommendations stemming from the Analysis of Court Verdicts in Corruption Cases, produced in Year 3. The HJPC approval, required under the Law on the HJPC, has not been put on the agenda of the HJPC since it was last discussed at the November 2017 session. As this has brought Figure 1 – Session at the Specialized Training on the a halt to the implementation of this activity, the JA admissibility of evidence will wait until the end of this project year for a possible change of circumstances, and will plan Year 5 activities accordingly.

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On May 7–8, the JA provided technical assistance to organize an advanced specialized training on the preparation of indictments and the admissibility of evidence for the group of prosecutors specializing in prosecuting organized and economic crime (see more under Activity 1.3.1.b). Twenty-two (22) participants discussed topics from the recommendations of the Analysis of Court Verdicts, such as the standards of proof in complex cases, legality of evidence collected through special investigative measures, and key elements in securing the quality of indictments that can sustain trial. A judge of the BiH Court who was the expert reviewer of the JA’s Analysis of Court Verdicts presented the key findings of this Analysis to participants of the training.

Activity 1.1.5 – Coordination with the HJPC Standing Committee on the Efficiency of POs and the Standing Committee for Legislation As mentioned earlier, the JA used its presence at the fourteenth Conference of the Court Presidents and Chief Prosecutors, organized by the HJPC in May 2018, to brief members of the HJPC’s SC on the results achieved to date and the future direction of activities for developing procedures for engaging expert witnesses in POs. In addition, the JA invited members of the SC to participate at the upcoming workshop between prosecutors and auditors taking place at the beginning of July 2018 (see more details under Activity 1.1.4.c). A representative of the SC also attended the Collegium of Chief Prosecutors in FBiH, supported by the JA and held on June 25–26 (see Activity 1.2.1.a). This is a crosscutting activity with Component 2.

ACTIVITY 1.2: PROSECUTORS PERFORM THEIR FUNCTIONS MORE EFFICIENTLY THROUGH A BALANCED ALLOCATION OF RESOURCES THAT EFFECTIVELY MEET ORGANIZATIONAL NEEDS

Activity 1.2.1 – Strengthening Strategic, Organizational Performance, and Financial Management Practices in POs a) Support to Chief Prosecutor Collegiums On June 25–26, 2018, the JA organized the Collegium of FBiH Chief Prosecutors in Sarajevo. In addition to the assessment the POs’ achievements of strategic and annual plans, the chief prosecutors also discussed specific issues of particular relevance for their work. As mentioned under Activity 1.4.1.d, the data received from POs in FBiH regarding asset forfeiture was presented and models for measuring results were discussed. Additionally, to prevent discrepancies in statistical data among POs, the Collegium discussed the definitions of the parameters for collecting data for the Prosecutor Case Management System (TCMS.) The JA also provided information related to activities for improving transparency through POs’ websites. The presentation included proposed models of good practices for disseminating information in cases of corruption, organized and economic crimes, and information related to the launch of a website for the PO in Gorazde. Proposed follow-up actions were also discussed. At the conclusion of the event, the JA raised the possibility of extending the timeframe for developing the Strategic Framework for POs (currently 2018–2020) so that it could feed into the three-year budget planning framework calendar requested by the Ministries of Finance. Chief prosecutors concluded that they would decide on this issue at the next Collegium in January 2019. This event was organized in cooperation with the SDC Project.

In the next quarter, the JA will contribute to the organization of the Collegium of Chief Prosecutors in the RS, taking place on July 1–2, 2018, and will continue with efforts to implement all conclusions from both Collegiums in the JA’s targeted areas.

Page 9 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 b) Support the Development of PO Annual Plans and Reports Development of PO Annual Plans and Annual Reports was completed in Quarter 2. c) Intensive On-site Training and Mentorship for Senior Managers on PO Budgetary Planning and Implementation On April 12, 2018, the JA organized the final remaining training in the first training cycle for POs and courts on budget planning and fiscal impact assessment in Sarajevo. The 22 participants had the opportunity to discuss basic principles of budgeting (i.e., how to determine a realistic budget that is fiscally responsible and economically justified). The participants concluded that setting priorities in the budgetary process is of highest importance so that the limited budget funds can be allocated in the best possible way.

The JA also continued to provide support to individual POs on budgetary planning. Following the adoption of the budget for the PO in Mostar, which reflected an increased number of employees in accordance with the budget request developed with the JA’s support, the JA provided further assistance to this partner PO in drafting a request for the allocation of budgetary resources for additional staff needed to address the PO’s workload. The request will be submitted to the Cantonal Prime Minister and Ministries of Justice and Finance by the chief prosecutor, thus starting the process for requesting additional staff. During the reporting period, the JA budget expert also visited POs in Trebinje and Bihać, provided support in developing the Framework Budgetary Documents for these institutions, and discussed the particular needs of these POs in terms of budget planning with chief prosecutors. It was agreed that the JA will provide support to POs in the upcoming process of developing budget requests for 2019, taking place in July–August 2018.

In the next quarter, the JA will organize three trainings as part of the second cycle of trainings on budgetary planning. The trainings will provide practical information related to the implementation of apply instructions that are expected to be issued by the Ministries of Finance in the FBiH and the RS in July 2018. These ministerial instructions will focus on explaining legal requirements and scope of information that budgetary users, including POs and courts, should include in their budget requests. The training participants will be also introduced to specific aspects of fiscal impact assessments in the process of developing an institutional book of rules that will have an impact on institutional budgets. The JA will also continue to support the POs in Trebinje and Bihać in the process of developing their budget requests with relevant justifications based on the PO’s needs and the goal of processing cases in accordance with strategic objectives.

ACTIVITY 1.3: PROSECUTORS UPHOLD THE PUBLIC TRUST AND INTEGRITY BY GIVING DUE ATTENTION TO PROSECUTION OF CRIMES COMMITTED BY PUBLIC OFFICIALS

Activity 1.3.1 – Prosecutor-Guided Investigation Activities a) Intensive Practice-based Training and Mentorship to Front-line Prosecutors During the reporting period, the JA continued to provide assistance to the Cantonal POs in Sarajevo, Bihać, Orašje, and Mostar, the PO of Brčko District, and the District Public POs in Trebinje, Doboj, and Bijeljina in delivering on-the-job training and mentoring in criminal and forensic/financial investigations, conducted by PGI experts. Through regular consultations with prosecutors, the experts provided advice on how to improve their investigative expertise in the areas of tax and

Page 10 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 banking regulations, financial investigations, and forensic accounting. During the reporting period, PGI experts spent 138 days providing on-the-job training.

On April 27, at the request of the PO in Mostar, the JA organized a study visit of two prosecutors from this PO to the PO in Sarajevo. The goal of this study visit was to gain additional skills in the area of financial investigations and asset forfeiture through discussions with several prosecutors from Sarajevo who are currently leading major financial investigations in the . This one-day visit included a brief meeting with the management, prosecutors, and JA consultants working in the PO on how to identify cases suitable for financial investigations, how to plan the investigation, Figure 2 - Meeting between prosecutors from Mostar and Sarajevo and how to coordinate with relevant agencies. Prosecutors from Mostar had a chance to learn more about prosecutorial methods used in concrete cases that resulted in asset forfeiture. The visit ended with a briefing session summarizing the lessons learned.

At the initiative of the District PO in Banja Luka, the JA organized a training for prosecutors on the use of electronic evidence on May 31 and June 1 in Banja Luka. Participants had a chance to learn about current threats, trends, and challenges to the interdiction of cybercrime, the use of electronic evidence, and financial investigations on computer networks. The Deputy Republic (General) Public Prosecutor of the Republic of Serbia and Special Prosecutor for High-Tech Crime (Head Figure 3 - Specialized training on use of electronic evidence, Banja Luka of the Office) Mr. Branko Stamenković were key lecturers.

In the next quarter, the JA will continue providing intensive on-site trainings in specific POs, based on their needs. b) Specialized Training for Prosecutors In this quarter, the JA completed its support for the implementation of the Advanced Specialized Trainings for Prosecutors, in cooperation with JPTCs and the SDC Project, in three major areas: 1) Corruption, 2) Organized and Economic Crime, and 3) Cyber Crime. In total three trainings, one for each group, were organized during the reporting period (on April 10–11, April 25–26, and on May 7–8, 2018). The first training in April was organized for the group of prosecutors specializing in investigating corruption cases, and it covered financial and forensic investigations and asset forfeiture. A total of 31 participants attended this training and had the opportunity to learn about the experience of prosecutors from Croatia on turning points in their practices for extended confiscation of illegally gained assets as well as confiscation from third persons. In the training, participants both presented and discussed case law of BiH and related practices of BiH prosecutors and courts. The JA financial

Page 11 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 investigation expert worked with participants using practical examples to increase their understanding of the structure and content of audit reports and their proper use for disclosing government corruption and economic crime, particularly in the area of public procurement.

The analysis, storage, and use of electronic evidence and international cooperation, including current challenges and best practices, were a particular focus of discussion in the second training for the group of prosecutors specializing in cybercrime cases. Twenty (20) participants had the opportunity to learn more about cybersecurity threats, investigation of child pornography on the internet, the formation of joint investigative teams, and cyberterrorism. Figure 4 - From the specialized training on organized and economic crime in Sarajevo on April 10 At the third training held in May 2018, prosecutors specializing in organized and financial crime cases discussed actual challenges and best practices on the legality of evidence and the preparation of an indictment.

Thus, the implementation of the Advanced Training Program for prosecutors has been completed.

In this quarter, the JA was approached by both JPTCs to contribute ideas and lessons learned for developing the Annual Training Program for 2019. In the next quarter, the JA will provide these contributions and feedback to the JPTCs and consider possible support actions in this field in Year 5.

Page 12 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018

Q3, FY 2018

Event: Training for Public Prosecutors in Event : Training Event: Seminar Event: Seminar: Application of IT for Event: Workshop: "Advanced Training of "Analysis, Storage and Event: Seminar "Legality "Financial and Forensic Event : "Improvement of Event : Training Event: Meeting Identification, Collection "Development of Event: Workshop: Prosecutors on Event: Seminar Usage of Electronic of Evidence and Event: Seminar Investigation and Asset Communication "Informing Public about "Exchange of Experience Event: "Annual and Analysis of Commentary on Model "Budget Development Investigating and "Disciplinary Evidences and Preparation of Administrative Disputes SUMMARY Data on Events Organized by Forfeiture - Actual between POs and FBiH Complex Cases - of Prosecutors from POs Conference on Electronic Evidences in Ethic Code for Expert and Fiscal Estimation - Prosecuting Official Proceedings and International Indictments - Actual in Public Procurement", Challenges and Good Audit Office of Challenges and Good Sarajevo and Mostar", Misdemeanour", Investigations and Associates and Advisors USAID's JA BiH with Judicial Module 1 - Group 3", Corruption", CEELI Practice", Sarajevo , April Cooperation - Actual Challenges and Good Sarajevo, Practices", Institutions", Practices" - Jahorina, Sarajevo, Bijeljina, May 24-26, 2018 Indictments in in Courts and POs in Sarajevo, April 12, 2018 Institute Prague, Prague, 25, 2018 Challenges and Good Practices", Sarajevo, May 16-17, 2018 Personnel Participation Sarajevo, April 10-11, Jahorina, April 12, 2018 April 12-13, 2018 April 27, 2018 Corruption, Organized BiH", Jahorina, Czech Republic, Practices", Sarajevo , May 7-8, 2018 2018 and Economic Crime", June 22-24, 2018 April 23-27, 2018, April 25-26, 2018 Banja Luka,

May 31-June 1, 2018

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participants participants participants participants participants participants participants participants participants participants participants participants participants participants Chief Prosecutor PO BiH Prosecutors 6 4 2 11 2 2 4 1 1 2 2 2 2 11 4 7 19 Other Staff Chief Prosecutor Federal PO of FBiH Prosecutors 1 1 1 1 1 1 2 1 1 4 1 1 2 5 1 4 8 Other Staff 1 1 2 1 1 2 Chief Prosecutor Republic PO of RS Prosecutors 1 1 2 1 1 1 2 2 3 Other Staff 2 2 4 2 2 4 Chief Prosecutor Special Department of Prosecutors 1 1 5 2 2 4 3 1 2 9 Republic PO of RS Other Staff Chief Prosecutor PO of Brčko District Prosecutors 1 1 2 1 1 2 BiH Other Staff 1 1 2 1 1 2 Chief Prosecutor 1 1 1 1 1 5 1 1 6 Cantonal PO of Canton Prosecutors 1 1 2 1 1 2 2 2 4 10 () Other Staff 1 1 2 1 1 2 Cantonal PO of Chief Prosecutor 1 1 1 1 1 2 1 1 2 1 1 5 Herzegovina -Neretva Prosecutors 2 1 1 4 2 2 4 3 2 1 3 1 1 2 8 4 4 13 Canton (Mostar) Other Staff 1 1 2 1 1 2 Cantonal PO of Mid Chief Prosecutor 1 1 5 1 1 5 Bosnia Canton Prosecutors () Other Staff 1 1 2 1 1 2 Cantonal PO of Chief Prosecutor Canton Prosecutors 1 1 2 1 1 2 (Orašje) Other Staff Cantonal PO of Chief Prosecutor 1 1 1 1 1 2 1 1 3 Sarajevo Canton Prosecutors 3 2 1 6 1 1 1 1 1 1 4 4 4 3 1 2 6 12 3 9 18 (Sarajevo) Other Staff 1 1 2 1 1 2 2 2 4 Chief Prosecutor 1 1 1 1 1 2 1 1 3 Cantonal PO of Prosecutors 3 1 2 6 1 1 5 2 2 4 3 2 1 6 9 3 6 21 Canton (Tuzla) Other Staff 2 1 1 2 1 1 2 3 2 1 4 Chief Prosecutor 1 1 1 1 1 1 Cantonal PO of Prosecutors Goražde Canton Other Staff 1 1 2 1 1 2 Chief Prosecutor 1 1 1 1 1 1 1 1 2 1 1 4 Cantonal PO of Una- PROSECUTORS'OFFICES Prosecutors 2 2 4 2 2 10 1 1 2 2 2 4 1 1 3 8 6 2 23 Sana Canton (Bihać) Other Staff 1 1 1 1 1 2 2 1 1 3 Cantonal PO of West Chief Prosecutor 1 1 1 1 1 2 1 1 3 Herzegovina Canton Prosecutors 1 1 2 1 1 1 2 2 3 (Široki Brijeg) Other Staff 1 1 2 1 1 2 Chief Prosecutor 1 1 1 1 1 2 1 1 3 Cantonal PO of - Prosecutors 2 2 4 2 2 4 1 1 2 5 3 2 10 Doboj Canton (Zenica) Other Staff 1 1 1 1 1 2 2 2 3 Chief Prosecutor District PO Banja Luka Prosecutors 2 2 4 1 1 1 2 1 1 4 1 1 2 20 9 11 34 26 12 14 45 Other Staff 1 1 2 9 5 4 17 10 5 5 19 Chief Prosecutor District PO Bijeljina Prosecutors 8 3 5 8 8 3 5 8 Other Staff 1 1 2 1 1 2 Chief Prosecutor 1 1 1 1 1 1 District PO Doboj Prosecutors 1 1 2 1 1 1 1 1 2 2 1 1 2 5 2 3 7 Other Staff 1 1 2 1 1 3 2 2 5 Chief Prosecutor District PO Istočno Prosecutors 1 1 2 1 1 1 2 2 3 Sarajevo Other Staff 1 1 2 1 1 2 Chief Prosecutor District PO Trebinje Prosecutors 1 1 2 1 1 2 1 1 1 3 1 2 5 Other Staff 1 1 2 1 1 2 Chief Prosecutor 1 1 5 1 1 2 1 1 7 District PO Prijedor Prosecutors Other Staff PO's Staff 26 16 10 50 5 2 3 5 9 4 5 9 26 9 17 52 7 4 3 35 5 2 3 5 14 3 11 26 7 2 5 7 19 12 7 38 1 0 1 2 12 4 8 14 35 17 18 60 1 0 1 3 167 75 92 306

Note: There is just one Chief Prosecutor in each prosecutors' office Page 13 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 c) Prosecutor Anti-Corruption Training (CEELI Institute) During this quarter, with JA support, seven prosecutors from six partner POs completed an intensive five-day anti-corruption training that took place April 23–27, 2018 at the CEELI Institute in Prague. The training consisted of a series of intensive and comprehensive lectures and practical exercises focusing on identifying, investigating, and successfully proving official corruption. Prosecutors from BiH worked together with other prosecutors, judges, journalists and investigators of corruption from the region and the world. This training enhanced practical skills of prosecutors, providing them with knowledge on how to identify and assess possible corruption in the public sector, how to make a better plan of investigation, trace money, conduct interviews with witnesses and suspects, prepare the indictment, Figure 5 - Continuation of the prosecutor anti-corruption training in cooperation with the CEELI, April 2018 and finally prepare for trial.

This training was the fourth and final study trip to the CEELI Institute in the course of the Project. A total of 40 prosecutors from JA partner POs have undergone this training during the life of the Project. This activity is therefore completed. d) Double Jeopardy Manual In this quarter, the JA produced the final draft of the Double Jeopardy Manual (DJM), which offers guidance on the proper delineation between criminal offenses and misdemeanors when they are legally defined in a similar or even identical manner. The manual targets both prosecutors and other official persons who are in a position to give a qualification of unlawful conduct (such as the police, tax or customs authorities, etc.), so as to improve their knowledge and ability to determine illegal behavior in an accurate and timely way. The main goal of the manual is to prevent a criminal case from being improperly tried as a misdemeanor and vice versa, thereby preventing the negative conse- quences of double jeopardy that come into play when both procedures are initiated. These consequences sometimes include impunity for a criminal offense if the crime is improperly tried as a Figure 6 - Presentation of Double Jeopardy Manual in Bijeljina misdemeanor. The JA recognized that the double jeopardy rule could be a source of corrupt behavior or misuse by official persons, leading to potentially serious criminal offenders getting away with lenient sentences for serious crimes. The manual is a step toward closing this gap in practice.

On May 24–26, 2018 in Bijeljina, the JA provided technical and logistical assistance in organizing the Annual Conference on Misdemeanors. During this conference, the JA staff presented the DJM to the

Page 14 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 participants. The final draft manual was also presented at the Annual Criminal Law Conference held on June 7–9, 2018, in Neum. Both events were used to promote the JA’s work on the manual, verify its main findings and recommendations with members of the legal profession, and further improve the text based on the received feedback. All legal professionals present at the two events showed high interest in this topic.

In the next quarter, the draft manual will undergo up to three expert reviews and will be finalized. e) Strengthening Prosecutorial Exchange with the HJPC and Peers in Relation to Corruption/Financial Crime Cases In this quarter the JA, in cooperation with the JPTC and the Association of Prosecutors in the RS, planned and organized of a two-day training dedicated to the implementation of the new RS Criminal Code. Trainers were identified and invitations sent out. The training was supposed to be held on June 21 and 22 in Banja Luka. Due to unanticipated circumstances, one of trainers was unable to take part in the training, and therefore the training was postponed to the next quarter.

On June 6–9, 2018, the JA attended the 17th Criminal Law Conference, “Current Issues of Criminal Law in Bosnia and Herzegovina,” which took place in Neum. During this conference, the JA delivered a presentation of its draft DJM (see more above under Activity 1.3.1.d). Additionally, the JA’s international expert — a prosecutor from Germany — delivered a presentation and moderated a discussion focusing on standards of proof in criminal cases, using particular cases of corruption and organized and economic crime.

In the next quarter, the JA will deliver the training on the new RS Criminal Code that was initially planned for this quarter. The JA will also support the Association of Prosecutors in FBiH in organizing the Annual Conference of Prosecutors taking place in September/October 2018 in Neum. The focus of JA support will be to further discussions on good practices and challenges in processing corruption and economic and organized crime cases.

ACTIVITY 1.4: PROSECUTORS PROVIDE APPROPRIATE AND ACCURATE INFORMATION TO CITIZENS IN ORDER TO STRENGTHEN TRANSPARENCY AND RESPONSIVENESS

Activity 1.4.1 – Strengthening of PO Capacity in Public Information On April 12 and 13, 2018, the JA organized a training in Jahorina for spokespersons, PR officers, and chief prosecutors employed in POs in BiH. The main goal of this training was to increase participants’ knowledge and understanding of how to share information on complex criminal cases with the public. The training also served as a platform for sharing best practices for strengthening internal communication between PR officers and prosecut- ors prior to releasing information to the public.

The 28 participants at the training concluded that there is no simple mathematical formula for informing the public on complex cases in POs. Nevertheless, participants agreed that it is Figure 7 - from the training on how to share information with important to intensify work on such cases and public in complex cases

Page 15 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 reach a prosecutorial decision as soon as possible, in order to be able to provide information to the public.

A panel discussion entitled “Where Does Privacy End and the Public Interest Begin?” was organized as part of this training. The keynote speakers were representatives of the Agency for the Protection of Personal Data in BiH and the editor of the Balkan Investigative and Research Network (BIRN) in BiH. Two of the conclusions of the discussion were that it is necessary to understand and acknowledge the public’s interest in each individual case and that continuous training of journalists on criminal proceedings is also necessary. Figure 8 - Panel discussion on privacy vs. public interest

Under this activity, the JA also provided technical assistance to the PO in Goražde to establish a fully operational website to better inform the public of its activities.

In the next quarter, the JA will continue working to improve transparency in the work of partner POs in BiH, based on JA-assessed outcomes and conclusions from meetings at Collegiums of Chief Prosecutors of both FBiH and the RS. This will include delivering templates for press releases, guidelines for arrest, confirmed indictments, and detention motions, developed at the workshop for spokespersons and PR staff employed in POs in BiH, organized by the JA in February 2018. The main goals of these templates are to simplify the work of PR staff, to facilitate the process of updating the official PO website, and eventually to improve the transparency of POs in BiH. Building public trust by improving the transparency of POs is one of the JA’s objectives.

Activity 1.4.2 – Applying and Monitoring HJPC Public Relations Indicators On May 31, 2018 representatives of the JA attended a working meeting of the Evaluation Team responsible for implementing the qualitative part of the PR Monitoring and Evaluation (M&E) Plan. The meeting was attended by the representatives of the HJPC, the Center for Investigative Reporting, the Association of Prosecutors in the RS, and news agencies (from both FBiH and the RS) who worked on evaluating the qualitative aspects of PR for each PO in BiH. The PR M&E Plan encompasses both qualitative and quantitative aspects of evaluation. With regard to POs that were not evaluated at the meeting, members of the Evaluation Team (including representatives of Transparency International, who were not present at the meeting) were asked to complete their evaluations in a two-week period. In the next quarter, the JA will follow up with partner POs to apply best practices for disseminating information on the POs’ work and complex cases to the public, in accordance with decisions made at the Collegiums of Chief Prosecutors.

Page 16 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 COMPONENT 2: STRENGTHENING JUSTICE SECTOR INSTITUTIONS TO UPHOLD PUBLIC INTEGRITY AND COMBAT CORRUPTION

ACTIVITY 2.1: PROSECUTORS INVESTIGATE AND PROSECUTE HIGH PROFILE CORRUPTION AND ECONOMIC CRIME CASES FREE FROM POLITICAL OR IMPROPER INFLUENCE In this quarter, Component 2 initiated the editing of the complete Universal Benchbook (for more details see Activity 2.6), which will contribute to, among other things, improving prosecutors’ skills and knowledge in the investigation and prosecution of high profile corruption and economic crime. Component 2 will incorporate case studies shared by Component 1 that were developed under Activity 2.6 as training material for on-the-job training of prosecutors on the prosecution of corruption and organized and economic crime cases. Additionally, in Activities 2.3, 2.4, and 2.5, the JA continued to address the challenges of judicial independence and impartiality through improved regulation of the legal profession and more efficient and transparent disciplinary proceedings involving a judge or prosecutor (for more details see Activities 2.3, 2.4, and 2.5).

ACTIVITY 2.2: INCREASED COOPERATION AND COORDINATION AMONG STATE, ENTITY, AND CANTONAL LAW ENFORCEMENT AND JUSTICE SECTOR INSTITUTIONS LEADS TO THE SUCCESSFUL INVESTIGATION AND PROSECUTION OF CORRUPT CASES

Activity 2.2.1 – Monitor the Implementation of Recommendations of the Diagnostic Analysis of the Integrity of the Judicial Sector in BiH and Potential Risks of Corruption or Unethical Conduct in the Judiciary (DA) a) Monitoring the Implementation of DA Recommendations In this quarter, in collaboration with the HJPC, the JA continued to monitor the implementation of a select number of recommendations of the DA through its activities, which support their implementation as described under Activities 2.2.2, 2.3.1, 2.5.1, 2.5.2, and 2.6.1. Many of the DA recommendations are reflected in EU peer review documents and relevant reports issued by bodies of the Council of Europe (i.e., the Group of States Against Corruption [GRECO] and the Commission for the Efficiency of Justice [CEPEJ]), the implementation of which by the HJPC continued through this quarter (for more details see Activities 2.2.2, 2.3.1, 2.5.1, 2.5.2, and 2.6.1).

The JA and HJPC explored the feasibility of integrating the DA recommendations’ monitoring instrument with the HJPC EU Peer Review Action Plan and any other such monitoring instruments administered by the HJPC. Following discussions, it was concluded that each set of recommendations and commitments deriving from various sources and implemented by the HJPC (i.e., EU Progress Report and Peer Reviews; GRECO and CEPEJ recommendations; BiH Justice Sector Reform Strategy; BiH Anti-Corruption Strategy; etc.) has its own reporting and monitoring format, and that the HJPC is responding to each of them in line with the particular set of requirements. Even though the DA and other recommendations (most prominently the EU Peer Review and GRECO recommendations) share many topics, the HJPC and JA concluded that the integration of these monitoring instruments in the absence of an IT solution would be cumbersome and not feasible given the current limited HJPC Secretariat capacity.

Page 17 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018

With this in mind, in the next quarter, the JA, with the support of the HJPC, will develop a monitoring report on the implementation of the DA recommendations using the monitoring instrument developed by the JA in Year 3, which will inevitably provide a cross-reference to other monitoring or compliance reports, such as the EU Peer Review and GRECO.1 This pilot DA monitoring report will be handed over to the HJPC to use as a model for future monitoring and reporting efforts. b) Advocate for and Support the Implementation of Specific DA Recommendations In this quarter, the JA continued to advocate for and support the implementation of specific recommendations from the DA as described under Activities 2.2.2, 2.3.1, 2.5.1, 2.5.2, and 2.6.1. As described below under these activities, support for the implementation of specific DA recommendations will continue in Quarter 4.

Activity 2.2.2 – Improve Judicial Statistics on Corruption Cases and Their Exchange with Law Enforcement Agencies a) Manual on the Use of Statistical Framework In this quarter, the JA finalized the Manual on the Use of the New Statistical Framework on Corruption and Organized Crime and Economic Crime Cases (the Manual) and delivered it to the HJPC for online publication. For this purpose, the JA held several consultative sessions with representatives of the HJPC Secretariat’s IT and Judicial Administration Departments and received feedback from individual POs and courts aimed at improving the first draft of the Manual. The Manual provides user-friendly explanations of the new statistical framework and of the business intelligence system that enables the analysis and presentation of statistical information to help court presidents, chief prosecutors, and the HJPC make informed policy decisions on how to more effectively combat corruption and organized and economic crime, including through collaboration with other law enforcement agencies. To that end, the Manual offers practical examples of how the new statistics can be used to enhance the efficiency, effectiveness, and transparency of courts and POs in the prosecution and adjudication of serious crimes. This activity has been completed in accordance with the Year 4 Work Plan. b) Support Collaboration between the HJPC and Other Agencies to Fight Corruption in Sharing HJPC Data on Corruption Cases In this quarter, the JA organized a workshop between the HJPC and APIK to facilitate discussion and agreement between the HJPC and APIK on the sharing of judicial statistical information through the newly developed HJPC business intelligence system. An agreement was reached to allow APIK direct access to standard statistical information related to the prosecution and adjudication of corruption cases. Direct access to such information will enable APIK to more efficiently and effectively perform its functions in developing anti-corruption strategies, monitoring the effects of laws and regulations in the prevention of corruption, and coordinating the work of public institutions involved in the prevention and fight against corruption. Requests for more specific types of information, which are not covered by the directly accessible standard reports in the HJPC business intelligence system, will be considered and addressed by the HJPC on case-by-case basis.

In the next quarter, the JA will facilitate the signing of a protocol between the HJPC and APIK that will regulate the format and content of the aforementioned standard judicial statistical reports to be

1 https://rm.coe.int/fourth-evaluation-round-corruption-prevention-in-respect-of-members-of/16808acd50

Page 18 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 made available to APIK directly. The protocol will also regulate the institutional framework for the authorization of access to the statistical data and the protection of confidential data.

ACTIVITY 2.3: THE ODC IS PROPERLY RESOURCED TO MANAGE COMPLAINT PROCEDURES AND AUTONOMOUSLY REVIEW THE CONDUCT OF JUDGES AND PROSECUTORS AND RECOMMENDS APPROPRIATE SANCTIONS FOR UNETHICAL CONDUCT AND CORRUPTION

Activity 2.3.1 – Support the Implementation of Improvements for ODC Better Institutional Positioning and Empowerment a) Strengthening ODC Institutional Positioning and Legislative Reform Within the HJPC’s initiative aimed at adopting a new Law on the HJPC by legislature, in its May session, the HJPC adopted a proposal for amendments to the Law on the HJPC to increase the ODC’s independence and authority within the HJPC, which will be sent to the executive and legislative branches of government for consideration. The draft amendments as adopted by the HJPC did not incorporate the JA’s proposed amendments to strengthen the independence of the selection process for the chief disciplinary prosecutor and other disciplinary prosecutors, or to provide clear regulation of the confidentiality of the investigation process and a more precisely regulated ODC authority to dismiss a complaint, suspend an investigation, and take similar actions. The JA discussed the adopted proposed amendments to the Law on the HJPC with the EU and highlighted the deficiencies of the amendment in view of the EU peer review recommendations. The EU returned the draft legislative amendments to the HJPC with instructions for improvements, noting especially the need for the ODC to be a body completely independent from the HJPC.

In the next quarter, the JA will continue to advocate for legislative amendments that improve the ODC’s institutional position and authority through talks with the HJPC and the EU. b) ODC Staff Training and Operational Assistance In this quarter, the JA, in collaboration with entity JPTCs, delivered a training on disciplinary decisions and the application of the HJPC Disciplinary Sanctioning Guidelines to 40 judges, prosecutors, disciplinary panel members, disciplinary prosecutors, and the HJPC Secretariat legal department and judicial appointments representatives (see also Activity 2.3.2.b below). The training was delivered by the JA’s short term expert Victoria Henley, who is a former disciplinary prosecutor from California. The training topics included: due process requirements and international standards, the relevance of the explanation of disciplinary decisions and a template to facilitate its development, and finally the purpose and features of disciplinary sanctioning guidelines. Figure 9 - Training on disciplinary decisions and application of The discussion and main observations from the HJPC Disciplinary Sanctioning Guidelines training will be built into the HJPC Judicial Discipline Benchbook, the development of which has been supported by the JA (see Activity 2.4.1 below). Since over 70 percent of disciplinary cases are completed through an agreement between the ODC and the judge or prosecutor, this training was

Page 19 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 relevant to achieve an effective and consistent sanctioning policy and to secure well-reasoned disciplinary decisions when they result from such agreements.

In line with the Year 4 Work Plan, the JA also planned to support improvements to the Disciplinary Case Management System (DCMS) through software and organizational changes, which will enable greater DCMS functionality as well as analytical and statistical reporting and improved decision-making. The Figure 10 - Speakers at the training on disciplinary decisions implementation of this activity required that the following conditions are met: 1) amendments to the Law on the HJPC limiting HJPC access to ODC records are passed2, and 2) the HJPC and the ODC are committed to the implementation of recommended changes. In this quarter, the HJPC adopted a draft of amendments to the Law on the HJPC, which however failed to limit HJPC access to ODC records (see also Activity 2.3.1.a above), contrary to JA’s proposed amendment. In the next quarter, the JA will continue to advocate for legislative amendments to limit HJPC access to ODC records, in support of the confidentially of disciplinary investigations, through talks with the HJPC and the EU.

In the next quarter, the JA will follow up with the HJPC on the status of its request to the EU for Instrument for Pre-Accession Assistance (IPA) funding to implement improvements to the DCMS through software changes, to determine whether the HJPC will have the required resources to implement the JA recommendations for the DCMS improvements. If the EU funds are made available, the JA will be able to take a part in the software development process by presenting and explaining its recommendations. As reported in the last quarter, the HJPC should receive a response from the EU in August.

Activity 2.3.2 – Support the Implementation of Guidelines for Disciplinary Sanctions through Monitoring and a) Monitor Implementation of Disciplinary Sanctioning Guidelines In this quarter, the JA obtained most of the disciplinary decisions issued in the monitoring period July 9, 2017–July 8, 2018 from the ODC, and commenced their review to determine whether these decisions comply with the Disciplinary Sanctioning Guidelines. Collection of the outstanding disciplinary decisions and their review will continue in the next quarter, and the results will assist the JA to develop a draft of the second Monitoring Report on the implementation of the Disciplinary Sanctioning Guidelines.

2 Under the current Law on the HJPC, the HJPC has unlimited access to ODC records, which may jeopardize the confidentiality of disciplinary investigations, as suggested by the JA expert. Article 65 of the Law on the HJPC (Record keeping and Reporting to the Council), reads: (1) The Office of the Disciplinary Counsel shall maintain records of complaints filed and the action taken in the processing of complaints, investigations, and disciplinary matters. (2) The records shall be available to the Council. The Office of the Disciplinary Counsel shall be obliged to provide the Council with copies of complaints, investigation reports, or other relevant documentation as requested. (3) The Office of the Disciplinary Counsel shall report periodically, in written form, to the Council regarding its activities.

Page 20 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 b) Training on Disciplinary Procedure and Practice As reported under Activity 2.3.1.b, the JA, in collaboration with entity JPTCs, delivered a training on disciplinary decisions and the application of the HJPC Disciplinary Sanctioning Guidelines to a total of 40 judges, prosecutors, disciplinary panel members, disciplinary prosecutors, and representatives of the HJPC Secretariat legal department and judicial appointments (see also Activity 2.3.1.b above). The training was designed to encourage active participation of trainees through a review of illustrative disciplinary decisions, explanations of those decisions, and a discussion on the draft template for a disciplinary decision. The development of this draft template was recommended by the EU peer review. The feedback received was addressed in the draft template, and the template was then incorporated in the last draft of the Judicial Discipline Benchbook, which was submitted to the HJPC for consideration during the quarter (for more details see Activity 2.4.1 below). This activity was completed in accordance with the Year 4 Work Plan.

Activity 2.3.3 – Support the Implementation of the Public Communications Strategy and Communication Procedures for the ODC a) Improve the Online Access to Disciplinary Decisions In this quarter, the JA discussed its recommendations from the last quarter on how to improve online access to disciplinary decisions. The discussion was held with the ODC and the HJPC Secretariat appointments department, which supports the work of the HJPC disciplinary panels and maintains records of disciplinary decisions. The discussion focused on the political will at the HJPC to improve online access to disciplinary decisions (as recommended by the EU peer review), the need to strike a balance between the right to privacy of a judge or prosecutor and the freedom of access to information, and the HJPC’s capacity to implement these improvements based on the JA recommendations.

The recommendations on how to improve online access to disciplinary decisions were also shared with the HJPC Secretariat’s legal department, which supports the work of the HJPC Working Group on Integrity and Accountability. The consideration of these recommendations by the Working Group was postponed until after June 2018. In the version of the amendments to the Law on the HJPC adopted during the May session (see also Activity 2.3.1.a above), the HJPC did not accept the JA’s proposal to allow the publication of all disciplinary decisions on the HJPC website. Instead the legislative amendments contained instructions stating that “disciplinary decisions can be published after removal of personal data, in line with the by-law to be passed by the HJPC.” This draft amendment makes the publication of disciplinary decisions optional and does not specify how the disciplinary decisions will be published (i.e., whether or not they will be published on the HJPC website).

In the next quarter, the JA will continue to advocate for improved online access to disciplinary decisions through engagements with the HJPC Working Group on Integrity and Accountability. If an agreement is reached with the HJPC that online access to disciplinary decisions should be improved, as suggested by the JA, then the JA and the HJPC will also explore options for implementing such improvements through software and organizational changes. b) Advocacy Article on Emerging Trends in Judicial Discipline In this quarter, the JA carried out consultations with the HJPC Secretariat and the ODC on the draft of its article advocating for improved online publication of disciplinary decisions in BiH, which was then finalized during this quarter. The draft article advocates for the publication of all disciplinary

Page 21 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 decisions, with limited or no redaction and for an indefinite period of time, which is in line with EU peer review recommendations for improved transparency of disciplinary proceedings. The JA staff also carried out consultations with a journalist from BIRN, who specializes in reporting about the BiH judiciary, on the importance of the publication of disciplinary decisions. The view of the journalist was that the redaction of disciplinary decisions affects their clarity and makes them less interesting for the public to read. Furthermore, the journalist stressed that if the disciplinary measure of public reprimand was imposed on a judge or prosecutor, the redaction of his/her name from the published decision also defies the purpose of the disciplinary measure. Overall, the major challenges to the transparency of disciplinary decisions in BiH are their untimely publishing, the redaction of published decisions, the limited functionality of the search engine for the disciplinary decisions published online, and the incomplete database of decisions. In the next quarter, the article will be presented to the HJPC Working Group on Integrity and Accountability.

ACTIVITY 2.4: DISCIPLINARY PROCEEDINGS ARE PROCESSED EXPEDITIOUSLY AND FAIRLY, AND DISCIPLINARY DECISIONS ARE SUBJECT TO INDEPENDENT AND IMPARTIAL REVIEW

Activity 2.4.1 – Develop a Judicial Discipline Benchbook and Handbook a) Finalize Judicial Discipline Benchbook In this quarter, the JA finalized the second draft of the Judicial Discipline Benchbook and submitted it to the HJPC Secretariat Legal Department for review and comment. The second draft of the Judicial Discipline Benchbook is a result of further consultations with HJPC members and the ODC on training on disciplinary procedures and decisions (see Activity 2.3.1.b and 2.3.2.b). The second draft of the Judicial Discipline Benchbook, among other things, provides a template for a disciplinary decision and a template for a joint consent agreement, a timeline for disciplinary proceedings, and a timeline for suspensions, as well as case summaries. The HJPC Working Group on Integrity was unable to review the second draft of the Judicial Discipline Benchbook due to its engagement on other urgent matters related to the implementation of EU Peer Review Recommendations. In the next quarter, based upon comments received from the HJPC and through further engagements with the HJPC Secretariat departments, the ODC, and the Working Group on Integrity and Accountability, the JA will complete the final draft of the Judicial Discipline Benchbook. b) Advise on HJPC Law Deficiencies Related to the Disciplinary Process In Quarter 2, the JA discussed its proposed amendments to the Law on the HJPC related to judicial discipline with the HJPC SLC, which is tasked with drafting these amendments. In May 2018, the HJPC proposed and adopted draft of amendments to the Law on the HJPC to be submitted to the executive and legislative branches of government. These amendments provide a more simplified disciplinary proceeding that would include a first instance hearing and appeal, as well as better defined disciplinary offenses. They also regulate in detail the legal consequences of a disciplinary record and provide more clarity for suspension proceedings in cases of a discretionary suspension. While the amendments to the Law on the HJPC related to judicial discipline present an improvement, more remains to be done in the areas of transparency of disciplinary proceedings (see also Activity 2.3.3.a above), the composition of disciplinary panels to limit the HJPC influence, and judicial redress in disciplinary cases.

The JA discussed the strengths and weaknesses to the draft amendments to the Law on the HJPC with the EU. The EU returned the draft legislative amendments to the HJPC with instructions for improving the amendments, noting especially the need to limit the HJPC’s influence on the disciplinary

Page 22 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 proceedings. The HJPC adopted the text of its proposal for the new Law on the HJPC at its June 2018 session. At the time of preparation of this report, the adopted text was not yet made available to the JA. Depending on the included amendments in the text, the JA may continue to advocate for further legislative amendments that improve the fairness and transparency of disciplinary proceedings through talks with the HJPC and the EU.

Activity 2.4.2 – Survey of Judges and Prosecutors to Determine Their Perception of the Fairness and Impartiality of Disciplinary Action This activity was completed in Quarter 1.

ACTIVITY 2.5: PUBLIC TRUST AND RESPECT FOR JUSTICE SECTOR INSTITUTIONS/ACTORS ARE INCREASED WITH RESPECT TO DEMONSTRATED ABILITY TO ACT INDEPENDENTLY AND IMPARTIALLY AND TO BE HELD ACCOUNTABLE

Activity 2.5.1 – Support the Implementation of Codes of Ethics and Conduct for Judges and Prosecutors a) Finalize Judicial Ethics Handbook In this quarter, the JA drafted the remaining chapters of the Judicial Ethics Handbook on the independence, impartiality, and competence of the judiciary, thus completing the draft Judicial Ethics Handbook. However, due to the HJPC’s conflicting engagement on the drafting and adoption of proposed amendments to the Law on the HJPC, as well as the drafting and adoption of the draft Book of Rules on the submission, verification, and management of asset declarations of judges and prosecutors, the HJPC Working Group on Integrity and Accountability was unable to review and discuss the draft Judicial Ethics Handbook with the JA. In the next quarter, the JA will present the draft of the Judicial Ethics Handbook to the HJPC Working Group on Integrity and Accountability and finalize the Judicial Ethics Handbook based upon its feedback. b) Training on Ethics for Judges and Prosecutors In this quarter, on April 18 and 19, the JA, in collaboration with entity JPTCs, delivered a two- day training on conflicts of interest to a total of 30 judges, prosecutors, disciplinary prosecutors, and representatives of the HJPC Secretariat Legal Department. The training was delivered by the JA’s short-term expert, Victoria Henley, a long-time disciplinary prosecutor from California. The training topics included: the purpose of the regulation of conflicts of interest, European and US approaches, types of conflicts of interest, preven- tion strategies, and the application of BiH Judicial Figure 11 - Conflict of Interest Training delivered in collaboration Conflict of Interest Guidelines. The discussion and with entity JPTCs main observations from the training were built into the HJPC Judicial Ethics Handbook (see Activity 2.5.1.a).

This activity has been fully completed during this quarter, in accordance with the Year 4 Work Plan.

Page 23 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 c) Support HJPC Working Group on Integrity and Accountability in Monitoring the Implementation of Conflict of Interest Guidelines In this quarter, the draft monitoring instrument to track the implementation of the Conflict of Interest Guidelines was presented to the HJPC Working Group on Integrity at its meeting on June 20, 2018. The monitoring instrument is designed to collect and analyze data from various sources related to judges and prosecutors and will include records on their asset declarations, disciplinary decisions, opinions of the HJPC ethics committee, disqualifications, and relatives of judges and prosecutors who are employed in the judiciary. The HJPC Working Group on Integrity reviewed the monitoring instrument and provided its comments, and the JA will finalize the monitoring instrument based on these comments in the next quarter. The JA will also discuss the monitoring instrument with the HJPC Secretariat’s ICT and other departments to determine the possibility of using existing databases and building new ones relevant to monitoring the implementation of the Conflict of Interest Guidelines per this monitoring instrument. d) Support HJPC Working Group on Integrity and Accountability in the Improvement of the Asset Declaration System In this quarter, the JA participated in the HJPC April session to present the basic principles of the BoR on the submission, verification, and management of asset declarations of judges and prosecutors developed in the previous quarter, and to provide the required explanation or clarification of the reformed asset declaration system for the judiciary. Based upon feedback provided by the HJPC, the JA and the HJPC Working Group on Integrity and Accountability drafted the third version of the BoR, which was adopted by the HJPC at the session held on June 13, 2018 with a few amendments as the final proposal to be shared with the EU. Following the EU feedback, the HJPC planned to consider the adoption of BoR at the session held on 28 and 29 June. Because of the extended discussion on amendments to the Law on HJPC, members of the HJPC took the BoR off the agenda of the session.

This activity has been fully completed during this quarter, in accordance with the Year 4 Work Plan, since the HJPC Working Group completed its task. e) Advise on HJPC Law Deficiencies Related to Asset Declaration In this quarter, the JA submitted proposed amendments to the Law on the HJPC related to asset declaration that were developed in the last quarter to the HJPC SCL. At its May session, the HJPC adopted draft amendments to the Law on the HJPC related to asset declarations, which are expected to be sent to the BiH Ministry of Justice who will propose it to the BiH Parliament as a legislative initiative. The proposed amendments expand the scope of asset declarations to all members of the household of a judge or prosecutor and regulate in more detail the HJPC’s authority to receive and verify asset declarations. While these amendments to the Law present an improvement, they still lack clarity over the purpose of the asset declaration as an instrument to detect, prevent, and combat conflicts of interest and illicit enrichment, the transparency of asset declarations, and the penalties for non-adherence — the drafting of which was left for a later (undetermined) stage. The JA discussed these amendments with the EU, in light of its proposal and EU peer review recommendations, and highlighted strengths and weaknesses of the draft. In the next quarter, the JA will continue to advocate for legislative amendments that improve the asset declaration system through talks with the HJPC and the EU.

Page 24 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018

Activity 2.5.2 – Support the Implementation of Codes of Ethics and Conduct for Court and Prosecutor’s Office Personnel a) Develop Commentary to Model Code In this quarter, the JA and the Association of Expert Associates (AEA) developed the final draft of the Commentary to the Model Code of Ethical Standards for Expert Associates and Advisors in Courts and POs (the Commentary). For this purpose, the JA organized a three-day workshop aimed at addressing comments from the JA’s short-term ethics and discipline expert on the first draft of the Commentary. The aim of the Commentary is to facilitate the understanding and application of the principles of the Model Code of Ethics by expert associates and advisers.

Furthermore, the JA and AEA developed the first draft of a training module on judicial ethics for expert associates and advisers that will be finalized in the next quarter and submitted to the FBiH and RS JPTCs by August 30, 2018 (the submission deadline for training proposals) for consideration and potential adoption. Moreover, in the next quarter, the AEA will present the Model Code of Ethics and the Commentary to the wider judicial public (e.g., to expert associates and advisors in courts and POs at the AEA annual conference, and to members of the HJPC). b) Practical Training on Model Code This activity is planned for the next quarter because the training is scheduled for September 2018. In the next quarter, the JA will prepare and deliver the practical training to expert associates and advisors on the application of the Model Code of Ethics at the AEA annual conference.

Activity 2.5.3 – Support Justice Sector Annual Conference on Anti-corruption and Integrity In this quarter, the JA finalized the summary booklet for the annual Anti-Corruption Conference of the justice sector organized by the HJPC and supported by the JA, held in the previous quarter. The booklet was posted on the JA website to promote the transparency and continuity of its work and the work of its partners. The conference booklet includes the introductory speech by the U.S. Deputy Ambassador Paul Horowitz, the HJPC Secretariat report about the implementation of the conclusions from the previous conference, and the 2018 conference conclusions. This online publication serves as a reminder of what was promised and accomplished, as well as what remains to be accomplished.

This activity has been fully completed during this quarter, in accordance with the Year 4 Work Plan.

Activity 2.5.4 – Facilitating Cooperation between the Agency for the Prevention of Corruption and the Coordination of the Fight Against Corruption (APIK) and Prosecutor Offices a) Support the Implementation of Integrity Plans In this quarter, the JA assisted the HJPC in the development of an M&E instrument to effectively supervise the implementation of integrity plans in the courts and POs. At the Annual Conference of Court Presidents and Chief Prosecutors, held on May 15 and 16, courts and PO management were reminded by HJPC representatives of their responsibility for the timely implementation of their integrity plans, which will be closely monitored by the HJPC. Furthermore, the HJPC representatives emphasized that the implementation of integrity plan measures by courts and POs aimed at improving the institution’s integrity (e.g., amendments to internal regulations, changes to procedures and

Page 25 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 practices, etc.) must be documented and shared with the HJPC so that the judicial system has the opportunity to learn from best practices and apply them throughout the country.

Additionally, with the aim of assisting select courts and POs to implement particular measures from their integrity plans, the JA discussed with the president of the Municipal Court in Sarajevo providing support for a measure from this court’s integrity plan aimed at securing evidence protection — the renewal of the court’s evidence room. The court president communicated to the JA the need for equipment and furniture required for an improved evidence room.

In the next quarter, the JA will support the HJPC Secretariat’s use of this M&E instrument to report to the HJPC on the status of the implementation of integrity plans of courts and POs, as well as to identify good practices in the implementation of the integrity plans and share them with the HJPC standing committees (standing committee for the efficiency of POs, standing committee for the efficiency of courts, and ethics standing committee). Subject to the availability of funds, the JA will also provide the agreed support to the Municipal Court in Sarajevo for the renewal of its evidence room to secure effective evidence protection. b) Facilitating Cooperation between APIK and POs In this quarter, the JA discussed the implementation of the BoR on corruption reporting with APIK and inquired about progress made in the development of the BoR Implementation Report. The JA learned about challenges that APIK was facing, including the availability of staff to work on the report. The JA was informed that a corruption reporting officer had initiated the development of the BoR Implementation Report for corruption reports filed in 2017 in line with the M&E plan developed with JA support in previous quarters. The APIK corruption reporting officer will finalize the report to the greatest extent possible before leaving office in July 2018.

In the next quarter, the JA will assist APIK in finalizing the BoR Implementation Report for corruption reports filed in 2017 by reviewing its draft. Depending on the M&E results, the JA might support potential modifications to the mechanisms of cooperation established in the BoR. To that end, the JA will facilitate discussions between APIK and POs at a workshop that would be organized should such an opportunity arise.

ACTIVITY 2.6: PROSECUTORS AND JUDGES ARE TRAINED IN IDENTIFYING ELEMENTS OF CORRUPT ACTIVITIES AND ARE ABLE TO INVESTIGATE AND PROSECUTE CORRUPT PRACTICES AND ENFORCE THE LAW AGAINST OFFENDERS

Activity 2.6.1 – Support the Development of a Benchbook and Train Judges and Prosecutors on the Elements of Corruption a) Universal Benchbook In this quarter, the JA commenced the editing process for the complete Universal Benchbook through its editorial board. This process ensures: 1) the relevance of issues, 2) the accuracy of discussion, 3) the clarity of the discussion, 4) the adequacy of the structure of Benchbook chapters, and 5) the completeness of the Benchbook. In the next quarter, the JA will finalize the Universal Benchbook through further editing efforts. b) Training on Special Investigative Measures and Human Rights This activity was completed in Quarter 2.

Page 26 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 SECTION II – REPORTS AND DELIVERABLES

COMPONENT 1: IMPROVE THE PROFESSIONAL STATUS AND PERFORMANCE OF PROSECUTORS

• Completed a Draft Comparative Overview of the existing systems in POs in 15 EU countries for dealing with court experts and presented it to the SC (Activity 1.1.4.b) • Organized a workshop between chief prosecutors in FBiH and the General Auditor of FBiH (Activity 1.1.4.c) • With the support of the JA, seven prosecutors completed a five-day intensive training on investigating government corruption at the CEELI Institute in Prague (Activity 1.3.1.c) • Completed analysis of data provided by POs on Asset Forfeiture (Activity 1.1.4.d) • Contributed to the organization of the Collegiums of Chief Prosecutors in FBiH, in cooperation with the SDC Project (Activity 1.2.1.a) • Delivered 138 days of on-the-job trainings for prosecutors, utilizing PGI experts on criminal and financial investigations to strengthen POs’ capacity to manage investigations and trials in corruption and economic crime cases (Activity 1.3.1.a) • Delivered intensive on-site training to prosecutors in District POs in Banja Luka, Prijedor, and Doboj and the PO RS and RSSPO on the identification and use of electronic evidence (Activity 1.3.1.a) • Organized a study visit between the POs in Mostar and Sarajevo, aimed at increasing the capacities of prosecutors in the PO in Mostar in the area of financial investigation (Activity 1.3.1.a) • Completed the final draft of the Double Jeopardy Manual (Activity 1.3.1.d) • Completed the advanced training program for prosecutors by contributing to the organization of three specialized trainings in the areas of corruption, organized and economic crime, and cybercrime, in cooperation with JPTCs and the SDC Project (Activity 1.3.1.b) • Completed first cycle of trainings on budgetary planning (Activity 1.2.1.c) • Provided financial and technical assistance in the organization of the 2nd Annual Conference on Misdemeanors (Activity 1.3.1.d) • Provided technical assistance in delivery of the 17th Annual Criminal Law Conference (Activity 1.3.1.e) • Completed training for spokespersons/PR staff and chief prosecutors on “Informing the Public About Complex Cases – Challenges and Good Practices” (Activity 1.4.1) • Provided support to the PO in Goražde for establishing the PO’s official website and hiring a legal assistant to support work on complex legal issues (Activities 1.1.3 and 1.4.1)

Page 27 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 COMPONENT 2: STRENGTHENING JUSTICE SECTOR INSTITUTIONS TO UPHOLD PUBLIC INTEGRITY AND COMBAT CORRUPTION

• Finalized the Manual on the Use of the New Statistical Framework on Corruption and Organized Crime and Economic Crime Cases (Activity 2.2.2.a) • Finalized the Advocacy Article for improved online publication of disciplinary decisions in BiH (Activity 2.3.3.b) • Finalized the draft of the BoR on the submission, verification, and management of asset declarations of judges and prosecutors, including the asset declaration form (Activity 2.5.1.d) • Produced the second draft of a complete Judicial Discipline Benchbook (Activity 2.4.1.a) • Produced the first draft of a complete Judicial Ethics Handbook (Activity 2.5.1.a) • Finalized the draft commentary to the Model Code of Ethical Standards for Expert Associates and Advisors in Courts and POs (Activity 2.5.2.a) • Produced the first draft of a complete Universal Benchbook on prosecuting and adjudicating corruption and organized and economic crime (Activity 2.6.1.a)

Page 28 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 SECTION III – MAJOR ACTIVITIES PLANNED FOR NEXT QUARTER

COMPONENT 1: IMPROVE THE PROFESSIONAL STATUS AND PERFORMANCE OF PROSECUTORS

1. Continue implementation of POAPs in partner POs, focusing on new partner POs (Travnik, Bihać, Livno, Goražde, and Prijedor) (Activity 1.1.3) 2. Continue providing support to the SC in developing procedures for improving the identification and use of expert witnesses (Activity 1.1.4.b) 3. Continue developing the Glossary of Financial Terms for use by prosecutors in financial crime cases (Activity 1.1.4.b) 4. Organize a workshop between auditors in FBiH and prosecutors from FBiH POs who are authorized for cooperation with Audit Institutions (Activity 1.1.4.c) 5. Complete collection and analysis of the information on asset forfeiture and present it at the next semi-annual Collegium of Chief Prosecutors in the RS (Activity 1.1.4.d) 6. Continue coordinating with the HJPC SC and SCL, as appropriate (Activity 1.1.5) 7. Organize a semi-annual Collegium of Chief Prosecutors in the RS, in coordination with the SDC Project (Activity 1.2.1.a) 8. Organize three trainings within the second cycle of trainings for PO senior managers and finance staff on budgetary planning and fiscal impact assessment (Activity 1.2.1.c) 9. Provide technical expertise on budget planning to the POs in Trebinje and Bihać, based on POs’ needs (Activity 1.2.1.c) 10. Deliver on-site trainings and mentorship in the areas of financial/forensic and criminal investigation technics, in accordance with the POs’ needs, focusing on new partner POs (Activity 1.3.1.a) 11. Perform an expert review of the final draft of the Double Jeopardy Manual and complete it (Activity 1.3.1.d) 12. Organize training on the implementation of the new Criminal Code in the RS, in cooperation with the Association of Prosecutors of the RS (Activity 1.3.1.e) 13. Support the Association of Prosecutors FBiH in organization of the Annual Conference for Prosecutors (Activity 1.3.1.e) 14. Continue supporting POs in applying good practices in informing public through websites (Activity 1.4.1)

Page 29 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 COMPONENT 2: STRENGTHENING JUSTICE SECTOR INSTITUTIONS TO UPHOLD PUBLIC INTEGRITY AND COMBAT CORRUPTION

1. Finalize the Judicial Discipline Benchbook (Activity 2.4.1.a) 2. Finalize the Judicial Ethics Handbook (Activity 2.5.1.a) 3. Finalize the M&E instrument to track the implementation of the Conflict of Interest Guidelines and present it to the Working Group on Integrity for adoption (Activity 2.5.1.c) 4. Finalize the commentary on the Model Code of Ethical Standards for Expert Associates and Advisors in Courts and POs (Activity 2.5.2.a) 5. Deliver training on the application of the Model Code of Ethical Standards for Expert Associates and Advisors in Courts and POs (Activity 2.5.2.b) 6. Finalize the Universal Benchbook on prosecuting and adjudicating corruption and organized and economic crime (Activity 2.6.1.a)

Page 30 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 SECTION IV – M&E RESULTS AND FINDINGS

This section provides the newest M&E findings according to the Activity M&E Plan for Quarter 3, Activity Year 4. Results on performance indicators from the M&E Plan are presented here. The results have been obtained by the POCM (Prosecutor Office Capacity Matrix) analysis for the POCM survey of the quantitative official HJPC data for remaining performance indicators.

POCM SURVEY DATA – APRIL 2018

The POCM is a tool that was developed to measure the performance and improvements of POs as a result of the technical assistance provided by the JA. The POCM has been designed to provide a realistic, objective evaluation of the improvements in performance of POs in BiH throughout the life of the Activity.

The POCM establishes and measures five areas related to the improvement of the capacity of the partner POs. These areas are tied to specific outputs identified in the JA Scope of Work and the Work Plan. Each area is graded on a five-point scale. The areas are:

• Organizational leadership, planning, and performance in POs strengthened • POs perform functions more efficiently through a balanced allocation of resources • Prosecutors in POs uphold public trust and integrity through the prosecution of corruption or other serious crime • Prosecutors in POs provide appropriate and accurate information to citizens to strengthen transparency and responsiveness • POs improve the status of prosecutors through performance appraisals, merit-based career advancement, or incentives to prosecute cases.

The POCM is a tailor-made JA M&E tool that converts evaluated qualitative aspects of PO performance into numerical values from a minimum of 0 to a maximum of 25 points. In Year 1, the JA performed a baseline POCM survey in April 2015 and first periodic, semi-annual surveys for the First Group of PPP POs (Year 1: Cantonal PO of , Cantonal PO of Zenica-Doboj, District PO of Doboj, and District PO of East Sarajevo). In Year 2, the JA conducted a baseline survey in April 2016 and four periodic semi-annual surveys for the Second Group of PPP POs (Year 2: Cantonal PO of Sarajevo Canton, Cantonal PO of Herzegovina-Neretva Canton, Cantonal PO of , District PO of Trebinje, and two entities’ POs). In April 2017, the JA conducted the POCM baseline survey for the Third Group of PPP POs (Year 3: Cantonal PO of Posavina Canton, District PO of Bijeljina, District PO of Banja Luka, District Brčko PO, and the RSSPO), and two regular surveys. In April 2018, the JA conducted the POCM baseline survey for the Fourth Group of PPP POs (Year 4: Cantonal PO of in Livno, Cantonal PO of Mid-Bosnia Canton in Travnik, Cantonal PO of Bosnia-Podrinje Canton in Goražde, Cantonal PO of Una-Sana Canton in Bihać, and District PO of Prijedor).

The POCM surveys showed a significant capacity improvement among the First Group of PPP POs during the three and half years since their baseline survey was conducted in April 2015, achieving 17.75 points in capacity out of a maximum 25 points. The progress in capacity is clearly visible.

Page 31 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018

A very impressive improvement in capacity was also made among the POs from the second group, which joined the PPP in second activity year. These POs achieved capacity levels similar to POs from the first group at two and half years of PPP implementation (an increase to 17.33 points in comparison to the baseline value in 2016, which was only 3.5 points).

The third group of POs joined the PPP in Year 3 of the JA, and their baseline POCM survey was done in April 2017. The baseline value was 4.6 points. The last survey in April 2018 showed their level of capacity at 13.6 points, which was a significant improvement.

The fourth group of POs joined the PPP in Year 4 of the JA, and their baseline POCM survey was done in April 2018. The results show a significantly greater level of ranking in each of the five observed capacity areas in comparison with three earlier groups of POs at the time of baseline surveys, with the Year 4 group starting at a baseline level of 10 points.

The highest ranking of 21 points (out of maximum 25) was achieved by the Cantonal PO of Tuzla Canton, followed by the Cantonal PO of Sarajevo and the Cantonal PO of West Herzegovina (in Široki Brijeg) both with 20 points.

The Cantonal PO of Podrinje Canton in Goražde has the most modest ranking of only 5 points, while the District PO in Prijedor has 8 points.

However, taking into consideration the history of increased capacities with the first three groups, we envision a similar increase in capacities for the fourth group of POs over the next year. The following figure displays the current status in capacity for all groups of POs.

Figure 12 – POCM Findings (April 2018)

Page 32 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018 M&E DATA FOR QUARTER 3, ACTIVITY YEAR 4

The following analysis has been made according to the quantitative official HJPC data for the period of April 1–June 30, 2018.

INDICATOR 1.1.3 – CONVICTION RATE FOR CORRUPTION-RELATED CRIME IN POS THAT IMPLEMENT PPPS Table 2 shows an analysis of verdicts for corruption crime in the period April–June 2018, according to data submitted by the HJPC for all 20 POs in BiH that implement POAPs.

The table presents data on the number of indictments, the number of convictions, the number of acquittals, the number of refusals, and the total number of verdicts reached in corruption crime for each of the 20 POs that were implementing POAPs in the third quarter of Year 4. The highest number of convictions for corruption offenses in the reporting period was achieved by the Zenica-Doboj Cantonal PO (8). The convictions rate varied among POs but averaged at about 81 percent. The POs in Istočno Sarajevo, Široki Brijeg, Trebinje, Orašje, and Goražde and the RSSPO had a 100 percent conviction rate in proceedings for corruption crime in the observed quarter.

A similar analysis was completed for economic crime statistics. These findings are presented in Table 3. This analysis shows that the highest number of convictions for economic crime were obtained by the PO in Trebinje (14). The conviction rate in economic crime cases was greater than for corruption crime and was 88 percent. The POs in Mostar, Trebinje, Brčko, Orašje, Travnik, Bihać, and Prijedor and the RSSPO achieved a 100 percent conviction rate for economic crime cases in this quarter.

INDICATOR 1.2.1 – NUMBER OF UNRESOLVED CRIMINAL REPORTS FOR CORRUPTION AND ECONOMIC CRIME IN POS THAT IMPLEMENT PPPS This performance indicator measures the capacity of POs to process criminal reports for corruption and economic crime in a timely fashion. The measure seeks to illustrate the reduction in the number of “old cases,” which is one of the main strategic objectives for the majority of POs.

The number of such cases at the end of the observed quarter increased by 1.37 percent on average for all 20 PPP POs. The highest achievement in this quarter was the Cantonal PO in Široki Brijeg, which decreased the number of unresolved criminal reports for corruption and economic crime by 75 percent. The POs in Livno, Zenica, Trebinje, Prijedor, and Bihać and the RSSPO also reduced the number of unresolved criminal reports for corruption and economic crime in this quarter. The largest number of unresolved reports for corruption offenses and economic crime cases have been filed in the Cantonal PO of Sarajevo Canton, where 810 reports have yet to be resolved. The analysis of this data is presented in Table 4.

Page 33 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018

ANALYSISTable ON 2 VEREDITCS – Analysis ON CORUPTIONof Verdicts CRIME on Corruption IN PPP POs IN Crime Q3, FY 2018

Total Number of Number of Number of Number of Number Conviction Prosecutor's Office Indictments Convictions Acquittals Refusals of Rate Filed Verdicts

FIRST GROUP OF PPP POs Cantonal PO of Tuzla 5 7 1 8 87.50% Canton Cantonal PO of Zenica- 9 8 8 100.00% Doboj Canton (Zenica)

District PO Doboj 1 4 1 5 80.00% District PO Istočno 1 1 1 0.00% Sarajevo TOTAL FIRST GROUP 16 19 3 0 22 86.36% OF PPP POs

SECOND GROUP OF PPP POs

Cantonal PO of 8 3 3 100% Sarajevo Canton Cantonal PO of Herzegovina-Neretva 3 1 1 0.00% Canton (Mostar) Cantonal PO of West Herzegovina Canton 1 (Široki Brijeg)

District PO Trebinje 1 1 100%

Federal PO of FBIH

Republic PO of RS TOTAL SECOND 12 4 1 0 5 80.00% GROUP OF PPP POs

THIRD GROUP OF PPP POs

Cantonal PO Brčko 2 3 5 40.00% District BiH

District PO Banja Luka 10 3 3 100.00%

District PO Bijeljina 1 1 1 100.00% Cantonal PO of Posavina Canton 1 1 100.00% (Orašje) Special Department of 4 2 2 100.00% Republic PO RS TOTAL THIRD GROUP 15 9 3 0 12 75.00% OF PPP POs

FOURTH GROUP OF PPP POs

Cantonal PO of 7 1 1 2 50.00% Canton 10 (Livno) Cantonal PO of Mid Bosnia Canton 1 #DIV/0! (Travnik) Cantonal PO of Bosnia - Podrinje Canton 3 3 100.00% (Goražde) Cantonal PO of Una- 5 2 1 3 66.67% Sana Canton (Bihać)

District PO Prijedor

TOTAL FOURTH 13 6 2 0 8 75.00% GROUP OF PPP POs

ALL PPP POs

TOTAL ALL PPP POs 56 38 9 0 47 80.85%

*The Data are for Q2, Calendar Year 2018

Page 34 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018

ANALYSISTable ON 3 VEREDITCS – Analysis ON ECONOMICof Verdicts CRIME on EconomicIN PPP POs IN Crime Q3, FY 2018

Total Number of Number of Number of Number of Number Conviction Prosecutor's Office Indictments Convictions Acquittals Refusals of Rate Filed Verdicts

FIRST GROUP OF PPP POs Cantonal PO of Tuzla 14 11 1 12 91.67% Canton Cantonal PO of Zenica- 6 7 4 11 63.64% Doboj Canton (Zenica) District PO Doboj 3 3 1 4 75.00%

District PO Istočno 7 2 2 100.00% Sarajevo TOTAL FIRST GROUP 30 23 6 0 29 79.31% OF PPP POs

SECOND GROUP OF PPP POs

Cantonal PO of 7 1 1 2 50.00% Sarajevo Canton Cantonal PO of Herzegovina-Neretva 2 3 1 4 75.00% Canton (Mostar) Cantonal PO of West Herzegovina Canton 7 2 2 100.00% (Široki Brijeg)

District PO Trebinje 19 14 14 100.00%

Federal PO of FBIH

Republic PO of RS

TOTAL SECOND 35 20 2 0 22 90.91% GROUP OF PPP POs

THIRD GROUP OF PPP POs

PO Brčko District BiH 1 1 1 100.00%

District PO Banja Luka 5 6 1 7 85.71%

District PO Bijeljina 2 1 3 66.67%

Cantonal PO of Posavina Canton 1 4 4 100.00% (Orašje) Special Department of 3 3 100.00% Republic PO RS TOTAL THIRD GROUP 7 16 2 0 18 88.89% OF PPP POs

FOURTH GROUP OF PPP POs

Cantonal PO of 1 Canton 10 (Livno) Cantonal PO of Mid Bosnia Canton 3 6 6 100.00% (Travnik) Cantonal PO of Bosnia - Podrinje Canton (Goražde) Cantonal PO of Una- 1 6 6 100.00% Sana Canton (Bihać)

District PO Prijedor 3 3 100.00%

TOTAL FOURTH 5 15 0 0 15 100.00% GROUP OF PPP POs ALL PPP POs

TOTAL ALL PPP POs 77 74 10 0 84 88.10%

*The Data are for Q2, Calendar Year 2018

Page 35 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018

Table 4 – Analysis of the Number of Unresolved Criminal Reports for Corruption and ANALYSIS ON NUMBER OF UNRESOLVED CRIMINAL REPORTS FOR CORRUPTION AND ECONOMIC CRIME CHARGES EconomicIN Crime PPP POs ChargesIN Q3, FY 2018 in PPP POs

TOTAL Corruption and Economic Corruption Crime Economic Crime Crime

Number of Number of Number of Number of Number of Number of Prosecutor's Office Criminal Criminal Criminal Criminal Criminal Criminal Percentage Percentage Percentage of Reports on Reports on Reports on Reports on Reports on Reports on of Change of Change Change April 1, June 30, April 1, June 30, April 1, June 30, 2018 2018 2018 2018 2018 2018

FIRST GROUP OF PPP POs Cantonal PO of Tuzla 58 66 13.79% 26 34 30.77% 84 100 19.05% Canton Cantonal PO of Zenica- 44 40 -9.09% 106 94 -11.32% 150 134 -10.67% Doboj Canton (Zenica)

District PO Doboj 14 18 28.57% 13 18 38.46% 27 36 33.33%

District PO Istočno 3 7 133.33% 56 58 3.57% 59 65 10.17% Sarajevo TOTAL FIRST GROUP 119 131 10.08% 201 204 1.49% 320 335 4.69% OF PPP POs

SECOND GROUP OF PPP POs

Cantonal PO of 280 283 1.07% 500 527 5.40% 780 810 3.85% Sarajevo Canton Cantonal PO of Herzegovina-Neretva 31 32 3.23% 36 38 5.56% 67 70 4.48% Canton (Mostar) Cantonal PO of West Herzegovina Canton 1 1 0.00% 7 1 -85.71% 8 2 -75.00% (Široki Brijeg)

District PO Trebinje 9 9 0.00% 41 37 -9.76% 50 46 -8.00%

Federal PO of FBIH

Republic PO of RS

TOTAL SECOND 321 325 1.25% 584 603 3.25% 905 928 2.54% GROUP OF PPP POs

THIRD GROUP OF PPP POs

PO Brčko District BiH

District PO Banja Luka 35 34 -2.86% 39 41 5.13% 74 75 1.35%

District PO Bijeljina 4 4 0.00% 14 14 0.00% 18 18 0.00%

Cantonal PO of Posavina Canton 4 4 0.00% 2 2 0.00% 6 6 0.00% (Orašje) Special Department of 57 55 -3.51% 10 11 10.00% 67 66 -1.49% Republic PO RS TOTAL THIRD GROUP 100 97 -3.00% 65 68 4.62% 165 165 0.00% OF PPP POs

FOURTH GROUP OF PPP POs

Cantonal PO of 7 5 -28.57% 1 7 6 -14.29% Canton 10 (Livno) Cantonal PO of Mid Bosnia Canton 11 16 45.45% 11 16 45.45% (Travnik) Cantonal PO of Bosnia - Podrinje Canton 1 1 1 1 (Goražde) Cantonal PO of Una- 58 54 -6.90% 139 130 -6.47% 197 184 -6.60% Sana Canton (Bihać)

District PO Prijedor 22 23 4.55% 50 43 -14.00% 72 66 -8.33%

TOTAL FOURTH 88 83 -5.68% 200 190 -5.00% 288 273 -5.21% GROUP OF PPP POs ALL PPP POs

TOTAL ALL PPP POs 628 636 1.27% 1050 1065 1.43% 1678 1701 1.37%

*The Data are for Q2, Calendar Year 2018

Page 36 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018

INDICATOR 1.2.2 – PERCENTAGE OF RESOLVED CRIMINAL REPORTS FOR CORRUPTION AND ECONOMIC CRIME VERSUS TOTAL NUMBER OF CASES IN POS THAT IMPLEMENT PPPS The Activity took additional measures to track the efficiency of POs’ performance by tracking the number of resolved criminal reports for corruption offenses and economic crime cases against the number of such criminal reports filed in the quarter. Table 5 presents this analysis for the period April–June, 2018.

Together the 20 partner POs resolved almost 3.5 percent fewer criminal cases for corruption and economic crime of the total cases filed in the observed quarter. The POs from the fourth group achieved the highest results by resolving 20 percent of the reports that were filed. Favorable results were achieved by the POs in Prijedor, Široki Brijeg, Zenica, Bihać, Trebinje, and Livno and the RSSPO (see Table 5).

INDICATOR 1.3.2 – NUMBER OF INVESTIGATIONS FOR CORRUPTION AND ECONOMIC CRIME COMPLETED WITHIN THE ONE CALENDAR YEAR IN POS THAT IMPLEMENT PPPS In this reporting period, the 20 PPP POs completed 228 investigations for corruption and economic crime, of which 84 investigations were corruption crime and 144 were economic crime cases. The largest number of investigations were completed in the District PO in Banja Luka (36 total: 15 for corruption and 21 for economic crime), the Cantonal PO of Sarajevo Canton (28 total: 12 for corruption and 16 for economic crime), and the Cantonal PO of Tuzla Canton (25 total: 6 for corruption and 19 for economic crime). As for the results of completed investigations, all 20 POs filed 133 indictments for corruption and economic crime in this quarter. The largest number of indictments were filed by the Cantonal PO of Tuzla Canton (19 total: 5 for corruption and 19 for economic crime) and the District PO in Trebinje (19 total: all for economic crime). Findings for all 20 POs on investigations completed and indictments filed for corruption and economic crime charges in this quarter are displayed in Table 6.

INDICATOR DR 1.3-1 – NUMBER OF JUDGES AND JUDICIAL PERSONNEL TRAINED WITH USG ASSISTANCE During this quarter, the JA continued to provide continuous capacity building support for the judiciary. The JA organized or took part in organizing 13 events including trainings, workshops, seminars, conferences, consultation meetings, and other events. Also in this quarter, 344 staff members of the POs, courts, and the HJPC spent 527 days attending such events. Per gender disaggregation, 48 percent of attendees were men and 52 percent were women. If considering POs only, 166 members of POs’ staff attended 305 days of events, of which 46 percent were men and 54 percent were women.

Page 37 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018

Table 5 – Analysis of the Number of Resolved Criminal Reports for Corruption and Economic ANALYSIS ON NUMBER OF RESOLVED CRIMINAL REPORTS FOR CORRUPTION AND ECONOMIC CRIME CHARGES Crime ChargesVERSUS NUMBERversus OFthe FILED Number SUCH REPORTS of Such IN PPP Reports POs IN Q3, Filed FY 2018 in PPP POs

Corruption Crime Economic Crime TOTAL Corruption and Economic Crime

Prosecutor's Number of Number of Number of Number of Number of Number of Filed Resolved Filed Resolved Filed Resolved Percentage Percentage Percentage Office Criminal Criminal Criminal Criminal Criminal Criminal (resolved/filed) (resolved/filed) (resolved/filed) Reports in Reports in Reports in Reports in Reports in Reports in Q3, FY 2018 Q3, FY 2018 Q3, FY 2018 Q3, FY 2018 Q3, FY 2018 Q3, FY 2018

FIRST GROUP OF PPP POs Cantonal PO of Tuzla 36 28 77.78% 23 15 65.22% 59 43 72.88% Canton Cantonal PO of Zenica- 9 13 144.44% 33 45 136.36% 42 58 138.10% Doboj Canton (Zenica)

District PO Doboj 6 2 33.33% 10 5 50.00% 16 7 43.75%

District PO Istočno 4 0.00% 17 15 88.24% 21 15 71.43% Sarajevo TOTAL FIRST GROUP 55 43 78.18% 83 80 96.39% 138 123 89.13% OF PPP POs

SECOND GROUP OF PPP POs

Cantonal PO of 48 45 93.75% 134 108 80.60% 182 153 84.07% Sarajevo Canton Cantonal PO of Herzegovina-Neretva 9 8 88.89% 17 15 88.24% 26 23 88.46% Canton (Mostar) Cantonal PO of West Herzegovina Canton 2 2 100.00% 5 11 220.00% 7 13 185.71% (Široki Brijeg)

District PO Trebinje 3 3 100.00% 14 18 128.57% 17 21 123.53%

Federal PO of FBIH

Republic PO of RS

TOTAL SECOND 62 58 93.55% 170 152 89.41% 232 210 90.52% GROUP OF PPP POs

THIRD GROUP OF PPP POs

PO Brčko District BiH 1 1 100.00% 5 5 100.00% 6 6 100.00%

District PO Banja Luka 54 55 101.85% 72 69 95.83% 126 124 98.41%

District PO Bijeljina 2 2 100.00% 6 6 100.00% 8 8 100.00%

Cantonal PO of Posavina Canton 3 3 100.00% 6 6 100.00% 9 9 100.00% (Orašje) Special Department of 32 34 106.25% 6 5 83.33% 38 39 102.63% Republic PO RS TOTAL THIRD GROUP 91 94 103.30% 95 91 95.79% 187 186 99.47% OF PPP POs

FOURTH GROUP OF PPP POs

Cantonal PO of 10 12 120.00% 1 0.00% 11 12 109.09% Canton 10 (Livno) Cantonal PO of Mid Bosnia Canton 1 1 100.00% 18 13 72.22% 19 14 73.68% (Travnik) Cantonal PO of Bosnia - Podrinje Canton 1 1 100.00% 1 1 100.00% (Goražde) Cantonal PO of Una- 19 23 121.05% 23 32 139.13% 42 55 130.95% Sana Canton (Bihać)

District PO Prijedor 4 3 75.00% 1 8 800.00% 5 11 220.00%

TOTAL FOURTH 35 40 114.29% 43 53 123.26% 78 93 119.23% GROUP OF PPP POs ALL PPP POs

TOTAL ALL PPP POs 243 235 96.71% 391 376 96.16% 634 611 96.37%

*The Data are for Q2, Calendar Year 2018

Page 38 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018

Table 6 – Analysis of Investigations and Indictments for Corruption and ANALYSIS ON INVESTIGATIONSEconomic FOR CORRUPTION Crime AND Charges ECONOMIC inCRIME PPP CHARGES POs IN PPP POs IN Q3, FY 2018

Corruption Crime Economic Crime TOTAL Corruption and Economic Crime

Number of Number of Number of Number of Number of Number of Number of Number of Number of Number of Number of Number of Prosecutor's Office Opened Opened Opened Investigations Investigations Indictments Investigations Investigations Indictments Investigations Investigations Indictments Investigations Investigations Investigations Ordered in Completed in Filed in Q3, Ordered in Completed in Filed in Ordered in Completed in Filed in on April 1, on April 1, on April 1, Q3, FY 2018 Q3, FY 2018 FY 2018 Q3, FY 2018 Q3, FY 2018 Q3, FY 2018 Q3, FY 2018 Q3, FY 2018 Q3, FY 2018 2018 2018 2018

FIRST GROUP OF PPP POs Cantonal PO of Tuzla 15 5 6 5 21 11 19 14 36 16 25 19 Canton

Cantonal PO of Zenica- 14 6 10 9 21 7 11 6 35 13 21 15 Doboj Canton (Zenica)

District PO Doboj 6 1 2 1 8 2 3 3 14 3 5 4 District PO Istočno 3 2 1 29 4 14 7 32 4 16 8 Sarajevo TOTAL FIRST GROUP 38 12 20 16 79 24 47 30 117 36 67 46 OF PPP POs

SECOND GROUP OF PPP POs

Cantonal PO of 43 7 12 8 64 13 16 7 107 20 28 15 Sarajevo Canton Cantonal PO of Herzegovina-Neretva 17 3 6 3 24 7 8 2 41 10 14 5 Canton (Mostar) Cantonal PO of West Herzegovina Canton 6 1 1 1 25 11 7 7 31 12 8 8 (Široki Brijeg)

District PO Trebinje 5 1 17 15 20 19 22 16 20 19

Federal PO of FBIH

Republic PO of RS

TOTAL SECOND 71 12 19 12 130 46 51 35 201 58 70 47 GROUP OF PPP POs

THIRD GROUP OF PPP POs

PO Brčko District BiH 7 1 1 10 5 1 1 17 6 2 1

District PO Banja Luka 20 8 15 10 22 19 21 5 42 27 36 15

District PO Bijeljina 6 2 3 1 13 5 2 19 7 5 1

Cantonal PO of Posavina Canton 5 1 2 5 1 1 1 10 2 3 1 (Orašje) Special Department of 10 5 5 4 5 5 1 15 10 6 4 Republic PO RS TOTAL THIRD GROUP 48 17 26 15 55 35 26 7 103 52 52 22 OF PPP POs FOURTH GROUP OF PPP POs Cantonal PO of 3 7 7 7 6 5 1 9 7 12 8 Canton 10 (Livno) Cantonal PO of Mid Bosnia Canton 1 1 1 1 27 3 6 3 28 4 7 4 (Travnik) Cantonal PO of Bosnia - Podrinje Canton 1 1 1 1 1 1 0 (Goražde) Cantonal PO of Una- 27 4 9 5 25 4 8 1 52 8 17 6 Sana Canton (Bihać) District PO Prijedor 4 1 5 5 1 9 5 2 0

TOTAL FOURTH 35 13 19 13 64 12 20 5 99 25 39 18 GROUP OF PPP POs

ALL PPP POs

TOTAL ALL PPP POs 192 54 84 56 328 117 144 77 520 171 228 133

Page 39 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018

ANNEX 1 – ORGANIZATIONAL CHART

Page 40 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2018

ANNEX II – SUCCESS STORY

Page 41

SUCCESS STORY Preventing Conflicts of Interest in the Judiciary in Bosnia and Herzegovina Perceptions that judges and prosecutors are influenced by private self- interest undermine public faith in the judicial system. Recognizing this, Strengthening a Culture in April 2018 USAID’s Justice Activity in Bosnia and Herze- That Will Not Tolerate govina (BiH) provided 30 judges and prosecutors in BiH with practical training on avoiding conflicts of interest within the judiciary. Such train- Conflicts of Interest ing is critical since, according to the 2017 National Survey of Citizens’ Perceptions in Bosnia and Herzegovina, 40 percent of BiH citizens believe that judges fail to deliver justice impartially.

The two-day training provided instruction on topics such as the pur- pose of regulating conflicts of interest, European and US approaches, types of conflicts of interest, prevention strategies, and the application of BiH Judicial Conflict of Interest Guidelines. Participants were openly receptive and responded positively:

“I am very pleased to have had an opportunity to participate in this important training for judicial office holders in BiH. This was a very Judges and prosecutors discussing ethical issues unique opportunity for judges and prosecutors to rethink ethics facing the community based on specific situations and thus to remain in a compliance with Photo: USAID Justice Project in Bosnia and the noble role that we play. This should be introduced as an oblig- Herzegovina (Sarajevo April 2018) atory training for all judges and prosecutors in BiH,” said the Pres- ident of the Cantonal Court of Tuzla Indira Hadžimehmedović, who participated in the training.

The training on conflicts of interest was the first of its kind since the Guidelines for the Prevention of Conflict of Interest in the Judiciary were In April 2018 USAID’s Justice adopted by the High Judicial and Prosecutorial Council in July 2016. Activity, in collaboration with its The guidelines, developed with the support of the Justice Activity, help local partners, organized the first judicial officers recognize when their private interests may conflict with the public interest, impede the ethical decision-making process, and conflict of interest training for the result in abuse of office. BiH judiciary. Prior to that, USAID’s JA worked closely with According to the Center for the Education of Judges and Prosecutors the HJPC to develop the of the Federation of BiH, the training received an excellent rating from “Guidelines for the Prevention of participants, which demonstrates that the profession places a high value on preventing conflicts of interest while engaged in public office. Conflict of Interest in the Judiciary.” USAID’s five-year Justice Activity in BiH, which started in October 2014, has supported national institutions to build a justice system that will operate in a professional, efficient, and accountable manner.

U.S. Agency for International Development www.usaid.gov USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report January 31, 2016

USAID’S JUSTICE ACTIVITY OFFICE

Grbavicka Street No. 4, 5th floor Sarajevo, Bosnia and Herzegovina Phone: +387-33-219-678 Fax: +387 33 269 341 www.usaidjp.ba

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