QUARTERLY REPORT APRIL 2019 – JUNE 2019

USAID’S JUSTICE ACTIVITY IN

July 15, 2019

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 2019 – JUNE 2019

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: 387-33-219-678 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, 2019

TABLE OF CONTENTS

TABLE OF CONTENTS ...... i LIST OF ACRONYMS ...... ii ABOUT THE PROJECT ...... 1 EXECUTIVE SUMMARY ...... 2 SIGNIFICANT EVENTS OF THE QUARTER ...... 5 Component 1: Improve the Professional Status and Performance of Prosecutors ...... 5 Component 2: Strengthening Justice Sector Institutions to Uphold Public Integrity and Combat Corruption ...... 6 SECTION I – ACTIVITIES AND RESULTS ...... 7 Component 1: Improve the Professional Status and Performance of Prosecutors ...... 7 Component 2: Strengthening Justice Sector Institutions to Uphold Public Integrity and Combat Corruption ...... 12 SECTION II – REPORTS AND DELIVERABLES ...... 18 Component 1: Improve the Professional Status and Performance of Prosecutors ...... 18 Component 2: Strengthening Justice Sector Institutions to Uphold Public Integrity and Combat Corruption ...... 19 SECTION III – MAJOR ACTIVITIES PLANNED FOR NEXT QUARTER ...... 20 Component 1: Improve the Professional Status and Performance of Prosecutors ...... 20 Component 2: Strengthening Justice Sector Institutions to Uphold Public Integrity and Combat Corruption ...... 20 SECTION IV – M&E RESULTS AND FINDINGS ...... 22 ANNEX 1 – SUCCESS STORIES ...... 33 ANNEX 2 – ORGANIZATIONAL CHART...... 36

Page i USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019 LIST OF ACRONYMS

APIK Agency for the Prevention of Corruption and Coordination of the Fight against Corruption BiH Bosnia and Herzegovina BoR Book of Rules on the Submission, Verification, and Management of Asset Declarations CEELI Central and Eastern European Law Institute DSG Disciplinary Sanctioning Guidelines EU European Union EUSR European Union Special Representative Office FBiH Federation of Bosnia and Herzegovina HJPC High Judicial and Prosecutorial Council JA Justice Activity in Bosnia and Herzegovina JPTC Judicial and Prosecutorial Training Center M&E Monitoring and Evaluation MOJ Ministry of Justice ODC Office of Disciplinary Counsel OSCE Organization for Security and Cooperation in Europe PGI Prosecutor-Guided Investigation PO Prosecutor Office POAP Prosecutor Office Assistance Plan PPP Prosecutor Partnership Program PR Public Relations RS SDC HJPC Strengthening POs’ Capacities in the Criminal Justice System Project, funded by the Swiss Agency for Development and Cooperation and the Norwegian Government SC HJPC Standing Committee for the Efficiency of POs in BiH TCMS Prosecutor Office Case Management System 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, 2019

ABOUT THE PROJECT

The United States Agency for International Development’s (USAID’s) Justice Activity in Bosnia and Herzegovina (JA) is a five-year rule of law initiative running from October 2014 until October 2019. Its purpose is to help justice sector institutions in Bosnia and Herzegovina (BiH) effectively combat government corruption and prosecute economic, organized, and other serious crime cases. At the same time, the JA helps increase public confidence in the judiciary by strengthening its integrity and ensuring greater self-accountability and transparency within the justice sector.

To achieve these objectives, the JA operates through two components:

• Component 1: Strengthening the Professional Status and Performance of Prosecutors • Component 2: Strengthening Justice Sector Institutions to Uphold Public Integrity and Combat Corruption

In implementing its activities, the JA works in partnership with key actors and stakeholders in the justice system in BiH. These partners include the High Judicial and Prosecutorial Council (HJPC) of BiH, partner courts and prosecutor offices (POs), ministries of justice (MOJs), professional associations in the judiciary, civil society, and other donors.

Specific activities that the JA aims to conduct with national partners include: developing in-depth diagnostic assessments of key issues related to the JA’s scope of work; conducting individual assistance and partnership programs with each of the POs; and working with the Office of Disciplinary Counsel (ODC) and relevant HJPC Standing Committees and Working Groups on the improvement of disciplinary proceedings, ethical standards, and integrity.

The JA team is composed of national legal experts with in-depth knowledge of the BiH judiciary and those areas the JA aims to address. In addition, the JA has a wide range of international and national experts in various fields on which it can draw, depending on the specific needs of its local partners and the goals of the JA.

Page 1 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019 EXECUTIVE SUMMARY

The JA continued to implement Prosecutor Partnership Programs (PPPs) and Prosecutor Office Assistance Plans (POAPs) with 19 POs.

The JA continued to provide intensive practice-based training and mentorship on criminal and financial investigation to prosecutors working in the Cantonal POs in Sarajevo, Orašje, and and in the District PO in East Sarajevo. The JA continued to support the participation of prosecutors from BiH at the anti-corruption training conducted by the Central and Eastern European Law Institute (CEELI) in Prague, Czech Republic, and for that purpose organized a study tour for six prosecutors from partner POs. Through the Best Practices Network (“Mreža dobre prakse”), prosecutorial best practices were exchanged when the participants discussed possible prosecutor responses to existing challenges in prosecuting two areas: abuses in the public procurement proceedings and abuses in the process of privatization of formerly publicly owned companies. Two regional workshops were organized devoted to sharing best practices in prosecuting crimes linked to violations of public procurement procedures. The JA continued to provide legal consultancy support to the Cantonal POs in Goražde and and the District PO in , while also extending this type of support to the District PO in Doboj. Specific expert support was provided to the District PO in Doboj in developing its budget framework document.

During the reporting period, the JA continued presenting the Glossary of the Financial Terms (Glossary) to the professional community. The Glossary has been printed, and copies are being distributed to the POs and other interested users.

The JA developed a proposal of targeted results and indicators for measuring the work of POs on asset forfeiture until the year 2021, to be presented to and considered by the Collegiums of Chief Prosecutors.

As part of its continued cooperation with the HJPC’s Standing Committee for the Efficiency of POs in BiH (SC), the JA presented the Draft Guidelines for Prosecutors on the Use of Expert Witnesses to the SC. An agreement has been reached on the steps necessary to finalize this document in the next quarter (Quarter 4).

The JA also successfully implemented two workshops for chief prosecutors and public relations (PR) officers dedicated to increasing the transparency of POs and improving their communication with media. In supporting the development of a unified practice of transparency, the JA finalized the development of additional guidelines and templates for publishing information via official websites and the Draft Model Instructions on Internal and External Communication in POs, which will be finalized in Quarter 4.

The JA continued to provide support to the HJPC Working Group on Integrity and Accountability, by: 1) finalizing the Judicial Discipline Benchbook, to be considered for adoption by the HJPC at its July session, 2) developing the draft Rules on the Publication of Disciplinary Decisions on the HJPC wWebsite, to be considered for adoption by the HJPC at the September 2019 session, 3) finalizing the Report on the Monitoring of the Application of the Disciplinary Sanctioning Guidelines covering the period between July 2016 and June 2018, and 4) developing a draft Report with recommendations on the establishment of different types of records relevant to monitoring the implementation of Conflict of Interest Guidelines, per the monitoring instrument adopted by the HJPC in 2018.

Page 2 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019

In collaboration with entity Judicial and Prosecutorial Training Centers (JPTCs), the JA continued to provide: 1) trainings on ethics for judges and prosecutors using the Judicial Ethics Handbook as a guide, one in Mostar (April) and the other in Jahorina (June), and 2) workshops for prosecutors on the effective use of Universal Benchbook on How To Prosecute And Adjudicate Corruption And Organized And Economic Crime, in Mostar (April) and in Jahorina (June). Additionally, in May, the JA delivered a train-the-trainers training to HJPC Secretariat and ODC staff on judicial discipline based on the Judicial Discipline Benchbook.

The JA assisted the HJPC to respond to the Personal Data Protection Agency’s (Agency’s) decision prohibiting “the processing of personal data of judges and prosecutors pursuant to the Book of Rules on submission, verification and management of Asset Declarations (BoR).” The JA provided support to the HJPC by: 1) providing an expert opinion on the issues raised in the Agency’s decision to inform and educate the HJPC as it prepared and submitted the lawsuit against the Agency, and 2) supporting the drafting of amendments to the BoR to address the Agency’s concern.

Finally, the JA supported the HJPC’s efforts to supervise the implementation of court and PO integrity plans by providing assistance in the development of a monitoring report template on the implementation of integrity plans, which was submitted to all courts and POs to use for their 2018– 2019 reporting.

Special Activity Fund Activities In this quarter the JA has implemented a number of activities with USAID approval to use the Special Activities Funds to provide additional assistance to partner institutions. This assistance has included material support for offices, expert assistance, workshop trainings, and translations of previously published analyses. The proposed activities support the European Union’s (EU’s) Peer Review Recommendations, which the JA has been actively involved with, and which focus on the role of the judicial system in addressing corruption and organized crime. This support from the Special Activity Fund has been integral to achieving results for the JA. The activities included:

1. Completing a training program (Investigating and Prosecuting Public Corruption) for six prosecutors from the JA partner POs at the CEELI Institute in Prague, Czech Republic (see Activity 1.3..a). 2. Completing two workshops for prosecutors on the use of the Universal Benchbook to improve the investigation, indictment, and adjudication of corruption, financial offenses, and organized crime; share best practices on prosecuting corruption; and present of the Glossary of Financial Terms (see Activities 1.3.1.b and 2.1). 3. Providing English translation and proofreading and printing (where needed) of JA publications finalized in Years 1–5: the Universal Benchbook on Prosecuting Corruption Cases, Judicial Discipline Benchbook, Judicial Ethics Handbook, Glossary of Financial Terms Relevant to Investigations, Analysis of Utilization of Auditors’ Findings in Prosecutors’ Offices, Double Jeopardy Manual, Analysis of Verdicts in Corruption Cases, Analysis of the System of Engagement of Expert Witnesses, and Analysis of the System for Forfeiture of Illicitly Acquired Assets. 4. Completing two training sessions on “Standards of Professional Ethics for Judges and Prosecutors” based on the HJPC Judicial Ethics Handbook developed with JA assistance.

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5. Conducting an annual workshop on double jeopardy issues and ethics standards in collaboration with the Republika Srpska (RS) Association of Judges to promote awareness of double jeopardy issues and ethics principles, both of which are central to fighting corruption in BiH. The workshop was held during the Annual Conference on Misdemeanors held in on May 9–11, 2019. 6. Completing train-the-trainer programs (June 2019) on Judicial Ethics and Discipline for members of the HJPC, HJPC Secretariat, and ODC staff based on the Judicial Discipline Benchbook developed with JA assistance (see Activity 2.3.1). 7. Completing two workshops to improve PR practices and increase transparency of POs (April and June 2019). One workshop related to internal and external communication, management of crises communication, and maintenance of official PO websites. The second workshop helped PR staff and chief prosecutors improve their public speaking skills (see Activity 1.4.1). 8. Supporting the Doboj PO with three short-term legal advisers for six months (March 15 – September 15) to assist prosecutors working on complex cases of corruption and economic crime. These activities increased the sustainability of JA activities, particularly in combatting corruption and increasing judicial integrity, and will build respect for and trust in judicial institutions (see Activity 1.1.1). 9. Supporting the formation of the Government’s Working Group, which drafted a Bylaw on Public Procurement (Bylaw) that will be used as an anti-corruption tool to prevent and fight corruption in the public procurement process. The JA supported this effort by engaging four experts for the Working Group. The JA also supported the organization of three meetings of the Working Group with participation of several Cantonal officials, who contributed comments on the text of the draft Bylaw and proposals for improvements. The Bylaw has been adopted by the Government of Sarajevo Canton on June 27, 2019.

Page 4 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019 SIGNIFICANT EVENTS OF THE QUARTER

COMPONENT 1: IMPROVE THE PROFESSIONAL STATUS AND PERFORMANCE OF PROSECUTORS

• Delivered on-the-job trainings for prosecutors in the Cantonal POs in Sarajevo, Orašje, and Mostar and in the District PO in East Sarajevo, utilizing prosecutor-guided investigation (PGI) experts on criminal and financial investigations, to strengthen POs’ capacity to manage investigations and trials in corruption and economic crime cases. • Organized a study trip for six prosecutors to attend intensive advanced training on prosecuting government corruption at the CEELI Institute in Prague, Czech Republic (April 8–12, 2019). • Organized two regional workshops devoted to sharing best practices. The JA financial investigations expert presented lessons on uncovering and investigating corruption in public procurement proceedings (in Mostar on April 12, 2019, and in Jahorina on June 28, 2019). • Presented the Glossary of Financial Terms at the Workshop for Prosecutors on the Effective Use of the Universal Benchbook on how to prosecute and adjudicate corruption and organized and economic crime cases, and on criminal prosecution of public procurement abuses (in Mostar on April 12, 2019, and in Jahorina on June 28, 2019). • Presented, at the session of the HJPC SC, the Draft Guidelines for Prosecutors on the Use of Expert Witnesses. Based on the comments received, a modified version will be presented at the mid-term Collegiums of Chief Prosecutors (on May 28, 2019). • Supported the organization of meetings of the Sarajevo Canton Working Group on drafting the Bylaw on Public Procurements (on April 19, May 9–10, and June 7, 2019). • Successfully implemented two workshops for chief prosecutors and PR officers dedicated to strengthening skills in public speaking and communicating with media, and to developing documents for improving the quality of internal and external communication in POs (on April 4– 5, 2019 and June 13–14, 2019). • Finalized the development of additional guidelines/templates for publishing information via official websites and the Draft Model Instructions on Internal and External Communication in POs. • Developed a proposal for targeted results and relevant indicators for measuring the work of POs on asset forfeiture until the year 2021. • Provided support to the District PO in Doboj in developing the PO’s three-year budget framework document (April 3, 2019).

Page 5 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019 COMPONENT 2: STRENGTHENING JUSTICE SECTOR INSTITUTIONS TO UPHOLD PUBLIC INTEGRITY AND COMBAT CORRUPTION

• Organized the second and third seminar workshops for prosecutors on the use of the Universal Benchbook On How To Prosecute And Adjudicate Corruption And Organized And Economic Crime, on April 11, 2019 in Mostar and June 27, 2019 in Jahorina. • Produced the second and third ethics trainings using the Judicial Ethics Handbook as a resource, on April 10, 2019 in Mostar and June 26, 2019 in Jahorina. • Conducted a train-the-trainers training for ODC and HJPC Secretariat staff on judicial discipline based on the Judicial Discipline Benchbook on May 29–30, 2019 in Tarcin. • Oversaw the adoption of the Survey of Judges and Prosecutors to Determine Their Perception of the Fairness and Impartiality of Disciplinary Actions at the HJPC Session on June 21, 2019.

Page 6 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019 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 – Implementation of PPPs and PO Assistance Plans (POAPs) in Partner POs During Quarter 3 of Year 5, the JA continued to implement PPPs and POAPs with the 19 partner POs. This included intensive practice-based training and mentorship on conducting criminal and financial investigations for prosecutors working in the Cantonal POs in Orašje and Mostar and the District PO in East Sarajevo. The JA also continued to provide legal expert assistance to the POs in Bihać, Goražde, and Prijedor, and extended this support to the District PO in Doboj. On June 10, 2019, the JA also met with the newly appointed Chief Prosecutors of the Cantonal PO in Sarajevo and introduced further actions for the remaining period of the Project’s implementation.

In further strengthening managerial practices of chief prosecutors, the JA prepared a statistical overview of the POs’ results for the first mid-term period of 2019, in collaboration with the HJPC Strengthening POs’ Capacities in the Criminal Justice System Project, funded by the Swiss Agency for Development and Cooperation and the Norwegian Government (SDC). These results will be presented and discussed at the upcoming Collegiums of Chief Prosecutors in measuring strategic achievements. The JA also developed additional documents for consideration at the Collegiums: proposed indicators for measuring POs’ work in the area of asset forfeiture; the Draft Model Instructions on Internal and External Communications; and, in accordance with the SC’s comments, a modified version of the Draft Guidelines for Prosecutors on the Use of Expert Witnesses. Based on a request from the partner District PO in Doboj, the JA provided expert support to this PO in developing their three-year budget framework document for 2020–2022.

In the next quarter, the JA will continue to: support partner POs by providing expertise on financial investigations; support the organization of the Collegiums of Chief Prosecutors in the Federation of Bosnia and Herzegovina (FBiH) and RS; finalize relevant documents; facilitate an online network for sharing best practices; translate publications developed under the framework of the Component 1 (the Asset Forfeiture Analysis, the Audit Report Analysis, the Expert Witness Analysis, the Double Jeopardy Manual and the Glossary of Financial Terms) into English; and other activities in accordance with the Year 5 Work Plan.

Activity 1.1.2 – Strengthening PO Capacity through Implementing Findings from Special Analyses in Selected Areas a) Implementation of Expert Witness Analysis During this quarter, the JA published and continued to present the Glossary of the Financial Terms to prosecutors and other legal professionals. The Glossary was presented the second day of the two- day Workshops held in Mostar on April 11 -12 and in Jahorina on June 27–28, 2019 (this is a

Page 7 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019 crosscutting activity with Activity 2.1). The workshops for Prosecutors were dedicated to the topics of the Effective Use of the Universal Benchbook on How to Prosecute and Adjudicate Corruption and Organized and Economic Crime Cases, and on the criminal prosecution of public procurement abuses.

During this period, the JA also continued its cooperation with the SC and presented the Draft Guide- lines for Prosecutors on the Use of Expert Witnesses at the session held in Sarajevo on May 28, 2019. Based on comments provided at the meeting, the JA prepared a modified version of the Guidelines, which will be presented to the chief prosecutors at Figure 1 – Introducing Glossary of Financial Terms to prosecutors the Collegiums of Chief Prosecutors in Mostar, April 11 in July 2019.

In Quarter 4, the JA will continue distributing the Glossary to prosecutors and other relevant stake- holders. The JA will also present the Draft Guidelines to chief prosecutors, finalize them, and submit them to the SC for further actions and implementation. The JA will also translate the Expert Witness Analysis into English and make it available to international partners and the public. b) Implementation of Audit Report Analysis In this quarter, the JA finalized preparations for publishing the Analysis of Use of Audit Findings in POs (Audit Report Analysis) on its website.

The JA also discussed supporting a potential meeting between auditors and prosecutors in the RS with the RS MOJ, and it was mutually agreed that there is no need for this type of assistance. Therefore, the JA will not be supporting this activity any longer. In the next quarter, the JA will translate this document into English and publish it on the JA’s website. c) Implementation of Asset Forfeiture Analysis In this quarter, the JA continued analyzing data and preparing indicators for measuring the success of POs in confiscating illegally gained assets. This was done by validating the accuracy of preliminary data collected from POs by the HJPC for 2018, using the manual data collection form designed by the JA.

In its session held on April 17 and 18, the data was presented to HJPC members by the HJPC Secretariat. The Council decided that manual data collection will continue for the coming years until the automated Prosecutor Office Case Management System (TCMS) Module for asset forfeiture becomes functional. At the same session, it was concluded that the JA will develop a set of indicators for measuring the success of POs in asset forfeiture cases and will present them at the coming Collegiums of Chief Prosecutors in both entities.

Following this decision, the JA developed a proposed set of indicators for measuring asset forfeiture cases in POs, to be included in entity strategic frameworks. Analysis of collected data from POs in BiH, that provide evidence on poor prosecutorial practice in asset forfeiture cases, was used as a

Page 8 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019 basis for developing the indicators. As an utmost priority, the JA identified a need to increase the number of asset forfeiture cases in POs and to ensure a continued measuring of their outcome. The JA also developed a proposal of specific annual results both for the prosecutorial systems in the FBiH and RS, and for individual POs. On June 6, 2019, the JA met with the Head of Department for Judicial Administration of the HJPC Secretariat and agreed that at the coming Collegiums, scheduled for July 2019, the HJPC representative will first present the results of the analysis of collected data for 2018 to chief prosecutors, after which the JA will follow with its proposed set of indicators. Based on the feedback of chief prosecutors, the JA will complete this activity in Quarter 4, including the translation of the Asset Forfeiture Analysis into English.

Activity 1.1.3 – Coordination with the HJPC Standing Committee on the Efficiency of POs In Quarter 3, the JA continued to cooperate with the SC. At its session held on May 28, 2019, the JA presented the Draft Guidelines for Prosecutors on the Use of Expert Witnesses and received feedback from members of the SC. Based on comments provided at the meeting, the JA prepared a modified version of the Guidelines that will be presented to the chief prosecutors at the upcoming Collegiums of Chief Prosecutors in the FBiH and RS. In Quarter 4, the JA will provide the SC with the comments of chief prosecutors and work with the SC to finalize the Guidelines.

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 The JA finalized preparations for two Collegiums of Chief Prosecutors where participants will discuss topics including: mid-term results in achieving strategic objectives; results in the area of prosecuting corruption and economic crimes; the Draft Model Instructions on Internal and External Communications; the Draft Guidelines for Prosecutors on the Use of Expert Witnesses; and the proposed indicators for measuring asset forfeiture cases in POs. The JA provided technical support in the preparation of all documents, including the preparation of an overview of statistical data on the casework of POs that was prepared in cooperation with the SDC Project (crosscutting with Activities 1.1.2 and 1.4.1).

In the Quarter 4, the JA will present drafts of the above documents and finalize them in accordance with the feedback of chief prosecutors, completing this activity. b) Support the Development of PO Annual Plans and Reports This activity was completed in Quarter 2.

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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 In this quarter the JA used the Special Activity Fund to support a group of six selected prosecutors from partner POs to attend intensive advanced training on prosecuting government corruption. The training was held in Prague on April 8–12, 2019 and was conducted by the CEELI Institute. Lectures and workshops held over five days focused on practical techniques for uncovering corrup- tion schemes and conducting a successful prosecution. The six participants manage corruption cases in JA partner POs in Bihac, , , and the RSSPO. Figure 2 – Prosecutors from BiH attending specialized anti-corruption The JA continued to provide support to some training at CEELI, Prague of the partner POs by engaging a financial expert to provide on-site, practice-based training and mentorship involving the direct application of skills to actual criminal cases. To this end, a JA expert worked with prosecutors from the Cantonal POs of Orašje, Mostar, and and the District PO of Istočno Sarajevo. b) Promoting and Identifying Best Practices and Lessons Learned In this quarter the JA actively supported the functioning of the Best Practices Network (“Mreža dobre prakse”), which serves as an interactive online platform for prosecutors to share best practices and to unify their approach in investigating and prosecuting complex forms of corruption and financial crime. The JA distributed two sets of materials prepared with the support of its financial investigations expert, one on abuses in public procurement processes and the other on abuses in the process of privatization of formerly publicly owned companies. Around 150 prosecutors who are members of the Network received the materials, and some of those prosecutors shared reflections and prepared additional information and documents of use to all prosecutors. Upon a request by one of the members, the JA collected all decisions in cases related to public procurement abuses in BiH in the past three years and distributed them through the Network.

In the coming quarter, the JA plans to distribute two more topics through the Network.

In this quarter, the JA also organized two workshops devoted to sharing best practices. The workshop was organized in Mostar on April 11–12 and Jahorina (Sarajevo) on June 27–28 (crosscutting activity with Activity 2.1). The JA financial investigations expert presented lessons on uncovering and investigating corruption in public procurement proceedings and did a hypothetical case exercise with participants. The presented material has been distributed within the Best Practices Network.

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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 In this quarter, the JA organized two workshops for chief prosecutors and spokespersons/PR staff employed in partner POs. The first workshop was implemented in collaboration with the FBiH and RS JPTCs on April 4 and 5, 2019. It presented a forum to discuss the potential for improving PO websites, implementing the PR Monitoring and Evaluation (M&E) Plan, and creating a platform for networking and establishing better relations between POs and the media in BiH. In the meantime, the JA was granted additional special activity funds to organize a workshop to improve the public speaking skills of PR staff and chief prosecutors. This workshop (held on June 13 and 14) was designed to help participants overcome the fear of public speaking. The Figure 3 – Spokespersons from POs attending the specialized participants gave high ratings to the work- PR workshop on June 14 shop in a post workshop questionnaire.

During the reporting period, the JA completed the development of additional guidelines and templates for publishing information via official PO websites (regarding an order to pursue an investigation, first or second instance verdicts, publishing statistics data, and reports and events of special interest). According to research recently conducted by a JA expert, 14 out of 15 PR officers that provided survey feedback, utilize the existing templates and guidelines developed by the JA for communication in their daily work and consider them very useful.

In this quarter, the development of the JA also finalized a Draft Model Instructions on Internal and External Communications in the Area of Public Relations . This document and proposals of the above stated website information templates (ordering investigation, on court verdicts in criminal cases, publishing statistical data and information on specific accidents or events) will be presented and discussed at the Collegiums of Chief Prosecutors FBiH and RS scheduled for beginning of July 2019.

Activity 1.4.2 – Applying and Monitoring HJPC Public Relations Indicators The evaluation and analysis of both quantitative and qualitative data, according to the PR Monitoring and Evaluation (M&E) Plan, has been finalized for 2018. The results will be presented by the HJPC representatives at both Collegiums of Chief Prosecutors (FBiH and RS) in July. The implementation of the PR M&E Plan was designed by the JA to stimulate improvements in the field of PR for POs. The JA will continue to monitor the implementation of this Plan as it is implemented by the HJPC Secretariat.

Page 11 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019 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, the JA delivered the remaining two of three seminar-workshops to POs (this is a crosscutting activity with Activities 1.1 and 1.3 above) on the effective use of the Universal Benchbook On How To Prosecute And Adjudicate Corruption And Organized And Economic Crime (Universal Benchbook), on April 11–12, 2019 in Mostar and June 27–28, 2019 in Jahorina. 1 The seminar- workshops were delivered by two prosecutors, a judge, and a defense attorney, representing more than half of the authors of the Universal Benchbook, and they were attended by a total of 26 prosecutors and judges. The presenters provided an overview of the Benchbook’s goals and its form and content. They also conducted a discussion on current prosecutor practices for the use of special investigative measures in cases of corruption and organized and economic crime. Using three hypothetical cases, the trainers demonstrated to prosecutors how to use the Universal Benchbook in their daily work on cases involving corruption and economic crime, organized crime, and money laundering, and how to prove intent in these types of serious crimes.

During the quarter, the JA translated the Universal Benchbook into English and published it on its website (www.usaidjp.ba) thereby finalizing this activity.

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 In this quarter, the JA discussed with the HJPC its decision not to approve the signing of the Memorandum of Cooperation on Electronic Access to HJPC Statistical Data in Corruption Cases between the HJPC and the Agency for Prevention of Corruption and Coordination of the Fight against Corruption (APIK), which would enable APIK to directly access to this data. This HJPC decision undermines the Business Intelligence concept, which is to make the judicial statistical data needed for efficient policy decision-making available to policy makers. The HJPC position, which relates to concerns over potential breaches of data security, remains unchanged. Consequently, the JA is unable to facilitate discussion and agreement between the HJPC and other agencies on making custom data sets of HJPC statistical information available directly to stakeholders (e.g., the State Investigation and Protection Agency - SIPA, the MOJ) as noted in the Year 5 Work Plan. With that said, the HJPC has committed to continue to provide information to policymakers upon request, on an ad hoc basis.

This activity was finalized in this quarter.

1 In cooperation with entity JTPCs.

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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 – Strengthen ODC Capacity through Staff Training On May 29–30 the JA delivered a train- the-trainers training to ODC staff on judicial discipline based on the draft Judicial Discipline Benchbook (see Activity 2.4.1 below). The training was also attended by staff from the HJPC Secretariat Appointments Department (which supports the work of disciplinary panels) and the Legal Department. The training had two primary objectives: 1) to build the knowledge and practical skills of legal professionals who participate in processing disciplinary cases involving judicial office holders in BiH, and 2) to Figure 4 – US judicial discipline experts conducting the train-the-trainers support institution-guided training and workshop for ODC staff orientation of new staff members involved in the professional regulation of judicial office holders in BiH. The training featured materials to be used in delivering future orientation programs across disciplinary system institutions — for new HJPC panel members, HJPC Secretariat staff, or ODC staff. The draft Judicial Discipline Benchbook, which will be considered for adoption by the HJPC in July 2019 (see Activity 2.4.1 below), and the capacity for HJPC and ODC staff to deliver an orientation program themselves secures the sustainability of this activity.

This activity was finalized in this quarter.

Activity 2.3.2 – Improve the Online Access to Disciplinary Decisions The JA’s Proposal on How to Improve Online Access to Disciplinary Decisions and the recommended Rules on the Publication of Disciplinary Decisions on the HJPC Website, drafted in the last quarter, were not examined during this quarter by the HJPC Working Group on Integrity and Accountability due to its decision to focus its attention on the finalization of the Judicial Discipline Benchbook (see Activity 2.4.1 below), the scope and complexity of which required an undivided attention as determined by the working group. Nonetheless, the JA used the opportunity to discuss the publication of disciplinary decisions on the HJPC website with ODC staff and staff from the HJPC Secretariat Appointments Department and Legal Department, at the train-the-trainers training on judicial discipline held in this quarter (see Activity 2.3.1 above). The current legal framework limits the publication of disciplinary decisions on the HJPC website to final disciplinary decisions, following their redaction, whereas the EU peer review recommendations require the publication of all disciplinary decisions, including first instance decisions and dissenting opinions. Opinions were divided on whether disciplinary decisions should be redacted prior to being published on the internet, as it is done in the current practice of the HJPC. Those who were against the redaction of disciplinary decisions noted that the identity of the holders of the judicial office is made public during the

Page 13 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019 disciplinary proceedings, which makes the subsequent redaction of the disciplinary decision meaningless. Others consider that the redaction of disciplinary decisions protects the right to privacy of the holder of the judicial office. Following this discussion, the JA refined the draft Rules on the Publication of Disciplinary Decisions on the HJPC Website and brought them in line with the current practice of the HJPC and the opinion that decisions should be redacted prior to their publishing.

In the next quarter, the JA will submit the draft Rules on the Publication of Disciplinary Decisions on the HJPC Website to the HJPC Working Group on Integrity and Accountability for its consideration and potential adoption at the HJPC session scheduled for September 4–5. Additionally, the results of the Survey of Judges and Prosecutors to Determine Their Perception of the Fairness and Impartiality of Disciplinary Action (see Activity 2.4.2 below), which will be conducted at the beginning of July 2019 per the HJPC’s decision, will inform the discussion of the Rules on the Publication of Disciplinary Decisions on the HJPC Website by the HJPC Working Group on Integrity and Accountability and their potential adoption by the HJPC.

Activity 2.3.3 – Support the Implementation of Disciplinary Sanctioning Guidelines through Monitoring and In this quarter, the JA collected the disciplinary decisions issued by the HJPC from July 2018 to June 2019. As in the previous two years, the JA will analyze these decisions for compliance with the Disciplinary Sanctioning Guidelines (DSG). Once this analysis is finalized, the JA will share the results of its three-year-long DSG monitoring in a Report on the Monitoring of the Application of the Disciplinary Sanctioning Guidelines (Monitoring Report). During the reporting period, the JA developed the reporting methodology and drafted the portion of the Monitoring Report covering the first two-year period (July 2016–June 2018), for which the analysis of decisions was carried out in Years 3 and 4 of the JA.

In the next quarter, the JA will finalize the Monitoring Report following the analysis of 2018–2019 decisions. The report covering the full three-year period will be submitted to the HJPC for consideration, as well as shared with the Organization for Security and Cooperation in Europe (OSCE) and the EU, which monitor and advocate for fair and efficient disciplinary proceedings.

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

Activity 2.4.1 – Judicial Discipline Benchbook In this last quarter, the JA and the HJPC Working Group on Integrity and Accountability met twice to discuss the draft Judicial Discipline Benchbook drafted with the JA’s assistance. The draft Judicial Discipline Benchbook, in addition to the explanation of the disciplinary procedure, provides a template for a disciplinary decision, a template for a joint consent agreement, a timeline for disciplinary proceedings, and a timeline for suspensions, as well as case digests. It is intended primarily for members of disciplinary panels to provide them with a single reference text and orientation tool on the correct procedure and prior disciplinary decisions to guide them in deciding their cases. The Judicial Discipline Benchbook will be considered for adoption by the HJPC at the July 2019 session. Additionally, the JA developed a training/orientation program on discipline to be used in future discipline training programs by those who attended the train-the-trainers training (see Activity 2.3.1 above).

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In the next quarter, the JA will directly participate in the HJPC session, providing, if necessary, assistance to HJPC staff in the presentation of the Judicial Discipline Benchbook, to support its adoption.

Activity 2.4.2 – Survey of Judges and Prosecutors to Determine Their Perception of the Fairness and Impartiality of Disciplinary Action In this quarter, the JA reviewed and finalized the survey questions for the Survey of Judges and Prosecutors to Determine Their Perception of the Fairness and Impartiality of Disciplinary Actions with the HJPC Working Group on Integrity and Accountability. The JA directly participated in the selection of survey questions and supported their adoption by the HJPC at its session held on June 21, 2019. The JA will conduct the survey in the next quarter, and will seek to present the survey results to the HJPC at its September 2019 session.

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 – Judicial Ethics Handbook and Training In this quarter, the JA, in collaboration with entity JPTCs, delivered the two remaining ethics trainings in Mostar on April 10 and in Jahorina on June 26. The trainings, which were delivered by a judge (one of the authors of the handbook) and two disciplinary prosecutors (who attended the train-the- trainers session on ethics in the last quarter), were attended by a total of 49 judges and prosecutors. The training focused on the judicial independence, as well as conflict of interest situations that can arise from public statements of judges and prosecutors, including through the use of social media, and from their additional activities (outside of their professional capacity or duties) or from receiving gifts, donations, and benefits.

Additionally, the JA published a brochure with an ethics checklist for judges and prosecutors from the Judicial Ethics Handbook, as a way to both promote the Handbook and raise awareness about professional ethics and compliance. The Annual Criminal Justice Conference (June 10–12, 2019 in ), organized by the FBiH Association of Judges, featured the Judicial Ethics Handbook as part of the presentation by a University of Sarajevo professor of ethics, which demonstrates the immediate relevance of the handbook.

This activity was finalized in this quarter.

Activity 2.5.2 – Support the Implementation of Conflict of Interest Guidelines through Monitoring and Reporting In this quarter, the JA developed a draft Report with Recommendations on the Content of Records Relevant to Monitoring the Implementation of Conflict of Interest Guidelines, per the monitoring instrument adopted by the HJPC in 2018 and developed with JA assistance. The records discussed in the Report include the records of disciplinary cases involving judges and prosecutors, the records of disqualifications of judges and prosecutors, records of additional activities of judges and prosecutors, records of ex parte communications, and records of public and media appearances of judges and prosecutors. Additionally, the Report provides an analysis of the compatibility of the old asset

Page 15 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019 declaration form reinstated by the HJPC, following the suspension of the application of the new Book of Rules on the Submission, Verification, and Management of Asset Declarations (BoR; see Activity 2.5.3 below). This analysis concludes that using the old asset declaration form will only allow partial monitoring of the Conflict of Interest Guidelines and that the monitoring instrument will have to be amended to reflect this change.

In the next quarter, the JA will carry out consultations with the HJPC Secretariat, the ODC, and the HJPC Working Group on Integrity and Accountability about the recommendations of the draft Report. Finally, the JA will seek to present the Report to the HJPC at its September 2019 session as a way of advocating for the establishment of new or enhanced records to enable more thorough monitoring of the implementation of the Conflict of Interest Guidelines.

Activity 2.5.3 – Improving the Asset Declaration System In the last quarter, the Personal Data Protection Agency (Agency) issued a decision that prohibited “the processing of personal data of judges and prosecutors pursuant to the Book of Rules on Submission, Verification and Processing of Financial Statements of Judges and Prosecutors,” claiming that the BoR goes beyond the scope of the Law on the HJPC in several aspects. As a consequence, at the March 7, 2019 session the HJPC adopted a conclusion to postpone the application of the BoR for an indefinite period of time until the problem was resolved, or to file a legal remedy against the Agency’s decision if no favorable solution can be found in negotiations with the Agency.

In this quarter, short of a mutually agreed solution with the Agency, the HJPC decided to file a lawsuit against the Agency’s decision before the Court of BiH. At the HJPC’s request, the JA provided an expert opinion on the issues raised by the Agency’s decision, to inform and educate the HJPC as it prepared the lawsuit. The JA also supported the drafting of amendments to the BoR to address the Agency’s concern. The HJPC submitted the amended BoR to the Agency for an opinion, which refused to issue one pending the lawsuit. As an alternative solution so that asset declarations can be filed in 2019, the HJPC decided to reinstate the old asset declaration form.

This activity was finalized in this quarter.

Activity 2.5.4 – Support Justice Sector Annual Conference on Anti-corruption and Integrity The annual Conference on Anti-corruption and Integrity was delivered in the first quarter of Year 5. In the second quarter, the JA developed a draft of the conference booklet and reported that it would be finalized upon review by the HJPC and posted on the HJPC and JA websites during this quarter. However, other competing priorities of the HJPC necessitated the postponement of the finalization of the conference booklet until the next quarter (Quarter 4).

Activity 2.5.5 – Supporting the Implementation of Integrity Plans through Monitoring and Reporting In the last quarter, the JA and the EU Special Representative Office (EUSR) urged the HJPC to assign the role of coordinating the monitoring of the implementation of integrity plans to one of its staff, which resulted in the establishment of the position of the HJPC Integrity Plan Coordinator. Per the HJPC’s request, the JA also assisted the HJPC in the development of a monitoring report template on the implementation of integrity plans, which was submitted to all courts and POs. Over 96% of courts and POs submitted their monitoring reports in this quarter. In the next quarter, the JA will

Page 16 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019 assist the HJPC Integrity Plan Coordinator to analyze the individual monitoring reports and develop one Integrity Plan Implementation Status Report for all courts and POs.

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 This activity was finalized in the last quarter.

Page 17 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019 SECTION II – REPORTS AND DELIVERABLES

COMPONENT 1: IMPROVE THE PROFESSIONAL STATUS AND PERFORMANCE OF PROSECUTORS

1. Provided expert support to partner POs in preparing institutional budget framework documents for 2020–2022, based on requests and in accordance with available budgetary resources. (Activity 1.1.1) 2. Provided legal consultants to the POs in Bihać, Goražde, and Prijedor, and extended this support to the District PO in Doboj. (Activity 1.1.1) 3. Supported a study trip for six prosecutors who attended the intensive advanced training on prosecuting government corruption, conducted by the CEELI Institute in Prague, Czech Republic, April 8–12. (Activity 1.3.1.a) 4. Continued implementation of partner PPPs and POAPs, organized visits to partner POs, and strengthened their capacities to monitor and evaluate results in prosecuting corruption and other serious crimes. (Activity 1.1.1) 5. Printed and began distribution of the Glossary of the Financial Terms relevant for financial investigations. (Activity 1.1.2, crosscutting with Activity 2.1) 6. Continued presenting the Glossary of Financial Terms at the regional workshops that will be organized in cooperation with Component 2 and the JPTCs and at other events, and delivered copies of the Glossary to the participants. (Activity 1.1.2.a, crosscutting with Activity 2.1) 7. Continued coordination with the HJPC SC. (Activity 1.1.3) 8. Provided technical assistance in preparation of two Collegiums of Chief Prosecutors (in the FBiH and RS), in cooperation with the SDC Project. (Activity 1.2.1.a) 9. Provided assistance for drafting the Bylaw on Public Procurements in Canton Sarajevo. (Special Activity Fund) 10. Supported the Collegiums of Chief Prosecutors in developing indicators for measuring asset forfeiture cases. (Activity 1.1.2.c and Activity 1.2.1.a) 11. Continued organizing intensive on-site trainings for prosecutors on criminal and financial investigations for Cantonal POs in Sarajevo, Mostar, and Orašje and the District PO in East Sarajevo. (Activity 1.3.1.a) 12. Supported the successful function of the Best Practices Network, an online platform for sharing lessons learned amongst partner POs, with around 150 prosecutors participating and sharing experiences. (Activity 1.3.1.b) 13. Organized the last two of three regional workshops on promoting best practices in Mostar in Jahorina on April 12–13 and in Sarajevo on June 27-28, covering the topic of corruption in the public procurement procedure. (Activity 1.3.1.b) 14. Conducted final consultations on to the Model Instructions on Internal and External Communication in April 2019, and it is expected that this document will be finalized by the end of the next quarter. (Activity 1.4.1)

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15. Organized the workshop for PR staff and chief prosecutors, on April 4–5, 2019, including PO website improvements, a website maintenance course for PR staff, and a networking session between representatives of POs and the media. (Activity 1.4.1. crosscutting with 1.4.2) 16. Organized the public speaking course workshop for PR staff and chief prosecutors on June 6– 7, 2019. (Activity 1.4.1) 17. Continued monitoring the implementation of the PR M&E Plan, in cooperation with the SDC Project. (Activity 1.4.2) 18. Supported the Annual Conference on Misdemeanors held in Bijeljina on May 9–11, 2019, during which double jeopardy issues and ethics standards were discussed. The activity was done in collaboration with the RS Association of Judges. (Special Activity Fund)

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

1. Prepared the second Draft Rules on the Publication of Disciplinary Decisions on the HJPC Website (Activity 2.3.2) 2. Prepared a Draft Monitoring Report on the application of Disciplinary Sanctioning Guidelines by the HJPC, covering the first two years of the monitoring period (July 2016-June 2018) (Activity 2.3.3) 3. Prepared a training/orientation program and materials to be used in delivering future orientation programs across disciplinary system institutions, including for new HJPC panel members, HJPC Secretariat staff, or ODC staff (Activity 2.4.1) 4. Prepared the Survey of Judges and Prosecutors to Determine Their Perception of the Fairness and Impartiality of Disciplinary Action (Activity 2.4.2) 5. Prepared a draft Report with Recommendations on the Content of Records Relevant to Monitoring the Implementation of the Conflict of Interest Guidelines, per the monitoring instrument adopted by the HJPC in 2018 (Activity 2.5.2) 6. Assisted the HJPC in the preparation of a template of a monitoring report on the implementation of integrity plans of courts and POs (Activity 2.5.5) 7. Published the English language translation of the Universal Benchbook on How to Prosecute and Adjudicate Corruption and Organized and Economic crime in June 2019 (Activity 2.1)

Page 19 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019 SECTION III – MAJOR ACTIVITIES PLANNED FOR NEXT QUARTER

COMPONENT 1: IMPROVE THE PROFESSIONAL STATUS AND PERFORMANCE OF PROSECUTORS

1. Continue implementation of partner PPPs and POAPs (Activity 1.1.1) 2. Continue providing legal consultants to the Cantonal POs in Goražde, Bihać, and Prijedor and the District PO in Doboj (Activity 1.1.1) 3. Continue the presentation of the Glossary of Financial Terms and its distribution at the events planned before the close out of the JA (Activity 1.1.2.a, crosscutting with Activity 2.1) 4. Translate into English the JA Analyses developed in the following areas: asset forfeiture, use of expert witnesses, court verdicts, use of audit findings, the Double Jeopardy Manual, and the Glossary of Financial Terms (Activity 1.1.2. a) 5. Continue to inform and coordinate with the HJPC SC (Activity 1.1.3) 6. Support the organization of the Collegiums of Chief Prosecutors taking place in Teslić on July 1–2, 2019 (RS) and in Mostar on July 4–5, 2019 (FBiH), where the JA will present a proposal of targeted results and relevant indicators for measuring the work of POs on asset forfeiture, the Draft Guidelines for Use of Expert Witnesses in POs, and the Draft Model Instructions on Internal and External Communications, and finalize these documents (Activity 1.2.1..a, in connection with Activities 1.1.2.a, 1.1.2.c, and 1.4.1) 7. Continue organization of intensive on-site trainings for prosecutors on criminal and financial investigations, in accordance with POs’ demands and the availability of budget funds (Activity 1.3.1.a) 8. Continue to facilitate the online Network of Best Practices (“Mreža dobre prakse”) and to promote the proactive engagement of prosecutors (Activity 1.3.1.b) 9. Continue monitoring the implementation of the PR M&E Plan, in cooperation with the SDC (Activity 1.4.2)

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

1. Oversee the adoption of the Rules on the Publication of Disciplinary Decisions on the HJPC Website by the HJPC at the September 4–5 session (Activity 2.3.2) 2. Finalize the Report on the Monitoring of the Application of the Disciplinary Sanctioning Guidelines by the HJPC following the analysis of the 2018–2019 disciplinary decisions on their compliance with the DSG (Activity 2.3.3)

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3. Oversee the adoption of the Judicial Discipline Benchbook by the HJPC at the July 17–18 session (Activity 2.4.1) 4. Conduct the Survey of Judges and Prosecutors to Determine Their Perception of the Fairness and Impartiality of Disciplinary Action and seek to present the survey results to the HJPC at its September 2019 session (Activity 2.4.2) 5. Finalize the Report with Recommendations on the Content of Records Relevant to Monitoring the Implementation of the Conflict of Interest Guidelines, per the monitoring instrument adopted by the HJPC in 2018 (Activity 2.5.2), and present it to HJPC at its September 2019 session 6. Assist the HJPC Integrity Plan Coordinator to analyze monitoring reports of individual courts and POs and develop one Integrity Plan Implementation Status Report for all courts and POs (Activity 2.5.5)

Page 21 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019 SECTION IV – M&E RESULTS AND FINDINGS

The following report provides the newest M&E results and findings for Activity Year 5. Results on seven performance indicators from the M&E Plan are presented here. The results for four performance indicators have been obtained by the analysis of the official quantitative HJPC data for the observed quarter which were submitted to the JA on July 5, 2019 by the SDC, where corruption crime cases have been given the label KTK, while economic crime cases have the KTPO label. The results for the first and last two performance indicators from this Section were presented based upon JA records analysis and surveys.

M&E DATA FOR QUARTER 3, ACTIVITY YEAR 5

Indicator 1.1 – Score on Prosecutor’s Office Capacity Matrix (POCM) in prosecutors’ offices that implement PPP The Prosecutors’ Offices Capacity Matrix (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 and outputs 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 the 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 , 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 Canton, District PO of Bijeljina, District PO of , 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

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Canton in , Cantonal PO of Bosnia-Podrinje Canton in Goražde, Cantonal PO of Una-Sana Canton in Bihać, and District PO of Prijedor).

In April 2019, the JA conducted the POCM regular survey for all partner POs.

The POCM surveys showed a significant capacity improvement among the First Group of PPP POs during the four and half years since their baseline survey was conducted in April 2015, achieving 19.50 points in capacity out of a maximum 25 points. The progress in capacity is clearly visible.

A very impressive improvement in capacity was also made among the POs from the second group, which joined the PPP in Year 2. These POs achieved capacity levels similar to POs from the first group at three and half years of PPP implementation (an increase to 18.17 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 2019 showed their level of capacity at 17.40 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 significant improvement in just one year from 10 points at baseline survey to 17.60 in April 2019, which was slightly above the third group of POs level of ranking.

The highest ranking of 22 points (out of maximum 25) was achieved by the Cantonal PO of Tuzla Canton, followed by the Cantonal PO of Zenica (21 points) and Brčko District PO, the Cantonal PO of West Herzegovina (in Široki Brijeg) and Cantonal PO of Una-Sana Canton (in Bihać) all three with 20 points. The RSSPO in Banja Luka has the most modest ranking of 15 points.

The following figures display the status in capacity for all groups of POs, numerically in Figure 5 and progress in subject areas in Figure 6.

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Figure 5 - POCM Findings (April 2019)

Figure 6 – Progress according to POCM in five subject areas

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Indicator 1.1.3 – Conviction rate for corruption-related crime in POs that implement PPPs Table 1 shows an analysis of verdicts for corruption related crimes in the period April–June 2019, according to data submitted 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 cases for each of the 20 POs that were implementing POAPs in the Quarter 3, Activity Year 5. The highest number of convictions for corruption crime in the reporting period was achieved by the Cantonal PO in Tuzla (17). The conviction rate varied among POs but averaged at slightly above 80 percent. The POs in Zenica, Sarajevo, Brčko, Bijeljina, Bihać and RSSPO had a 100 percent conviction rate in proceedings for corruption crimes in the observed quarter.

A similar analysis was completed for economic crime statistics. The findings are presented in Table 2. This analysis shows that the highest number of convictions for economic crime were obtained by the PO in Zenica (16) an PO in Trebinje (15). The conviction rate in economic crime cases was at 83 percent, similar to the corruption crime cases. The POs in Doboj, Istočno Sarajevo, Mostar, Trebinje and Bihać achieved a 100 percent conviction rate for economic crime cases in this quarter.

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Table 1 – Analysis of Verdicts on Corruption-related Crime in Quarter 3, Activity Year 5

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 32 17 4 21 80.95% Canton Cantonal PO of Zenica- 11 5 5 100.00% Doboj Canton (Zenica)

District PO Doboj 1 1 2 50.00%

District PO Istočno Sarajevo TOTAL FIRST GROUP 43 23 5 0 28 82.14% OF PPP POs

SECOND GROUP OF PPP POs

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

District PO Trebinje

Federal PO of FBIH

Republic PO of RS TOTAL SECOND 11 6 1 0 7 85.71% GROUP OF PPP POs

THIRD GROUP OF PPP POs

Cantonal PO Brčko 1 2 2 100.00% District BiH

District PO Banja Luka 3 8 1 9 88.89%

District PO Bijeljina 3 2 2 100.00%

Cantonal PO of Posavina Canton 2 1 1 0.00% (Orašje) Special Department of 1 3 3 100.00% Republic PO RS TOTAL THIRD GROUP 10 15 2 0 17 88.24% OF PPP POs

FOURTH GROUP OF PPP POs

Cantonal PO of 3 2 5 60.00% Canton 10 (Livno) Cantonal PO of Mid Bosnia Canton (Travnik) Cantonal PO of Bosnia - Podrinje Canton 2 1 1 0.00% (Goražde) Cantonal PO of Una- 12 4 4 100.00% Sana Canton (Bihać)

District PO Prijedor 2

TOTAL FOURTH 16 7 3 0 10 70.00% GROUP OF PPP POs

ALL PPP POs

TOTAL ALL PPP POs 80 51 11 0 62 82.26%

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Table 2 – Analysis of Verdicts on Economic Crime in Quarter 3, Activity Year 5

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 6 7 1 8 87.50% Canton Cantonal PO of Zenica- 11 16 2 1 19 84.21% Doboj Canton (Zenica)

District PO Doboj 1 1 1 100.00%

District PO Istočno 2 4 4 100.00% Sarajevo TOTAL FIRST GROUP 20 28 3 1 32 87.50% OF PPP POs

SECOND GROUP OF PPP POs

Cantonal PO of 7 7 3 10 70.00% Sarajevo Canton Cantonal PO of Herzegovina-Neretva 2 1 1 100.00% Canton (Mostar) Cantonal PO of West Herzegovina Canton 7 1 8 87.50% (Široki Brijeg)

District PO Trebinje 16 15 15 100.00%

Federal PO of FBIH

Republic PO of RS

TOTAL SECOND 25 30 4 0 34 88.24% GROUP OF PPP POs

THIRD GROUP OF PPP POs

PO Brčko District BiH 2 1 3 66.67%

District PO Banja Luka 7 10 1 1 12 83.33%

District PO Bijeljina 4 2 2 0.00% Cantonal PO of Posavina Canton 1 (Orašje) Special Department of Republic PO RS TOTAL THIRD GROUP 12 12 4 1 17 70.59% OF PPP POs

FOURTH GROUP OF PPP POs

Cantonal PO of Canton 10 (Livno) Cantonal PO of Mid Bosnia Canton 4 2 6 66.67% (Travnik) Cantonal PO of Bosnia - Podrinje Canton (Goražde) Cantonal PO of Una- 2 1 1 100.00% Sana Canton (Bihać)

District PO Prijedor 1

TOTAL FOURTH 3 5 2 0 7 71.43% GROUP OF PPP POs ALL PPP POs

TOTAL ALL PPP POs 60 75 13 2 90 83.33%

Page 27 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019

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 cases 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 major strategic objectives for the majority of POs.

Table 3 – Analysis of Number of Unresolved Criminal Reports for Crime of Corruption and Economic Crime Charges in PPP POs in Quarter 3, Activity Year 5

TOTAL Corruption and Economic Corruption Crime (KTK Cases) Economic Crime (KTPO Cases) Crime (KTK + KTPO Cases) Number of Number of Number of Number of Number of Number of Prosecutor's Office Unresolved Unresolved Unresolved Unresolved Unresolved Unresolved Criminal Criminal Percentage Criminal Criminal Percentage Criminal Criminal Percentage of Reports on Reports of Change Reports on Reports of Change Reports on Reports Change April 1, June 30, April 1, June 30, April 1, June 30, 2019 2019 2019 2019 2019 2019 FIRST GROUP OF PPP POs Cantonal PO of Tuzla 47 47 0.00% 24 24 0.00% 71 71 0.00% Canton Cantonal PO of Zenica- 13 27 107.69% 67 57 -14.93% 80 84 5.00% Doboj Canton (Zenica)

District PO Doboj 17 19 11.76% 19 23 21.05% 36 42 16.67%

District PO Istočno 4 4 0.00% 44 43 -2.27% 48 47 -2.08% Sarajevo TOTAL FIRST GROUP 81 97 19.75% 154 147 -4.55% 235 244 3.83% OF PPP POs

SECOND GROUP OF PPP POs

Cantonal PO of 246 234 -4.88% 542 558 2.95% 788 792 0.51% Sarajevo Canton Cantonal PO of Herzegovina-Neretva 16 16 0.00% 40 44 10.00% 56 60 7.14% Canton (Mostar) Cantonal PO of West Herzegovina Canton 1 1 0.00% 1 1 0.00% (Široki Brijeg)

District PO Trebinje 7 7 0.00% 79 57 -27.85% 86 64 -25.58%

Federal PO of FBIH

Republic PO of RS

TOTAL SECOND 269 257 -4.46% 662 660 -0.30% 931 917 -1.50% GROUP OF PPP POs

THIRD GROUP OF PPP POs

PO Brčko District BiH 1 -100.00% 1 0 -100.00%

District PO Banja Luka 46 52 13.04% 51 65 27.45% 97 117 20.62%

District PO Bijeljina 3 5 66.67% 9 9 0.00% 12 14 16.67%

Cantonal PO of Posavina Canton 2 2 (Orašje) Special Department of 54 58 7.41% 4 4 0.00% 58 62 6.90% Republic PO RS TOTAL THIRD GROUP 103 117 13.59% 65 78 20.00% 168 195 16.07% OF PPP POs

FOURTH GROUP OF PPP POs

Cantonal PO of 2 2 0.00% 1 0 3 2 -33.33% Canton 10 (Livno) Cantonal PO of Mid Bosnia Canton 6 4 -33.33% 2 3 50.00% 8 7 -12.50% (Travnik) Cantonal PO of Bosnia - Podrinje Canton (Goražde) Cantonal PO of Una- 76 62 -18.42% 205 190 -7.32% 281 252 -10.32% Sana Canton (Bihać)

District PO Prijedor 14 14 0.00% 33 25 -24.24% 47 39 -17.02%

TOTAL FOURTH 98 82 -16.33% 241 218 -9.54% 339 300 -11.50% GROUP OF PPP POs ALL PPP POs TOTAL ALL PPP POs 551 553 0.36% 1122 1103 -1.69% 1673 1656 -1.02%

Page 28 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019

The number of such cases at the end of the observed quarter decreased by one percent on average in all 20 PPP POs. The analysis of this data is presented in Table 3.

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 JA took additional measures to track the efficiency of POs’ performance by tracking the number of resolved criminal reports for corruption and economic crime cases against the number of such criminal reports filed in the quarter. Table 4 presents this analysis for the period April–June, 2019.

Together the 20 partner POs resolved 2.70 percent more criminal cases for corruption and economic crime out of the total cases filed in an observed quarter, which was a favorable result in reduction in the caseload.

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 258 investigations for corruption and economic crime of which 130 investigations were corruption crime cases and 128 were economic crime cases. The largest number of investigations was completed in the Cantonal PO of Tuzla Canton (44 total: 38 for corruption crime and 8 for economic crime) and Cantonal PO of Zenica-Doboj Canton (37 total: 16 for corruption crime and 21 for economic crime). As for the results of completed investigations, all 20 POs filed 140 indictments for corruption crime and economic crime in this quarter which was increase of 70 percent in comparison to the Q2, FY 2019. The largest number of indictments were filed by the Cantonal PO of Tuzla Canton (38 total: 32 for corruption crime and 16 for economic crime). Findings for all 20 POs on investigations completed and indictments filed for corruption crime and economic crime charges in this quarter are displayed in Table 5.

Page 29 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019

Table 4 – Analysis of Number of Resolved Criminal Reports for Corruptions and Economic Crime Charges versus Number of Such Reports Filed in PPP POs in Quarter 3, Activity Year 5

TOTAL Corruption and Economic Crime Corruption Crime (KTK Cases) Economic Crime (KTPO Cases) (KTK+KTPO Cases) Number of Number of Number of Number of Number of Number of Filed Filed Filed Prosecutor's Office Resolved Resolved Resolved Criminal Percentage Criminal Percentage Criminal Percentage Criminal Criminal Criminal Reports (resolved/filed) Reports (resolved/filed) Reports (resolved/filed) Reports in Reports in Reports in in in in Q3, FY 2019 Q3, FY 2019 Q3, FY 2019 Q3, FY 2019 Q3, FY 2019 Q3, FY 2019 FIRST GROUP OF PPP POs Cantonal PO of Tuzla 51 48 94.12% 7 7 100.00% 58 55 94.83% Canton Cantonal PO of Zenica- 31 17 54.84% 23 33 143.48% 54 50 92.59% Doboj Canton (Zenica) District PO Doboj 5 3 60.00% 11 7 63.64% 16 10 62.50%

District PO Istočno 20 21 105.00% 20 21 105.00% Sarajevo TOTAL FIRST GROUP 87 68 78.16% 61 68 111.48% 148 136 91.89% OF PPP POs

SECOND GROUP OF PPP POs

Cantonal PO of 18 30 166.67% 86 72 83.72% 104 102 98.08% Sarajevo Canton Cantonal PO of Herzegovina-Neretva 10 10 100.00% 26 22 84.62% 36 32 88.89% Canton (Mostar) Cantonal PO of West Herzegovina Canton 4 4 100.00% 1 1 100.00% 5 5 100.00% (Široki Brijeg)

District PO Trebinje 1 1 100.00% 6 28 466.67% 7 29 414.29%

Federal PO of FBIH

Republic PO of RS

TOTAL SECOND 33 45 136.36% 119 123 103.36% 152 168 110.53% GROUP OF PPP POs

THIRD GROUP OF PPP POs

PO Brčko District BiH 4 4 90.00% 3 4 133.33% 73 67 91.78%

District PO Banja Luka 70 63 50.00% 69 55 79.71% 73 57 78.08%

District PO Bijeljina 4 2 71.43% 11 11 100.00% 18 16 88.89%

Cantonal PO of Posavina Canton 7 5 81.82% 2 2 100.00% 24 20 83.33% (Orašje) Special Department of 22 18 85.44% 3 3 100.00% 106 91 85.85% Republic PO RS TOTAL THIRD GROUP 103 88 85.44% 88 75 85.23% 294 251 85.37% OF PPP POs

FOURTH GROUP OF PPP POs

Cantonal PO of 1 1 100.00% 1 #DIV/0! 1 2 200.00% Canton 10 (Livno) Cantonal PO of Mid Bosnia Canton 2 4 200.00% 8 7 87.50% 10 11 110.00% (Travnik) Cantonal PO of Bosnia - Podrinje Canton 1 1 100.00% 1 1 100.00% (Goražde) Cantonal PO of Una- 15 29 193.33% 25 40 160.00% 40 69 172.50% Sana Canton (Bihać)

District PO Prijedor 4 4 100.00% 9 17 188.89% 13 21 161.54%

TOTAL FOURTH 23 39 169.57% 42 65 154.76% 65 104 160.00% GROUP OF PPP POs ALL PPP POs

TOTAL ALL PPP POs 246 240 97.56% 310 331 106.77% 556 571 102.70%

Page 30 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019

Table 5 – Analysis on Investigations and Indictments for Corruption and Economic Crime Charges in PPP POs in Quarter 3, Activity Year 5

TOTAL Corruption and Economic Crime Corruption Crime (KTK Cases) Economic Crime (KTPO Cases) (KTK + KTPO Cases)

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 Non-Resolved Non-Resolved Non-Resolved Investigations Investigations Indictments Investigations Investigations Indictments Investigations Investigations Indictments Investigations Investigations Investigations Ordered in Resolved in Filed in Ordered in Resolved in Filed in Ordered in Resolved in Filed in on April 1, on April 1, on April 1, Q3, FY 2019 Q3, FY 2019 Q3, FY 2019 Q3, FY 2019 Q3, FY 2019 Q3, FY 2019 Q3, FY 2019 Q3, FY 2019 Q3, FY 2019 FY 2019 FY 2019 FY 2019

FIRST GROUP OF PPP POs Cantonal PO of Tuzla 18 31 36 32 17 2 8 6 35 33 44 38 Canton

Cantonal PO of Zenica- 15 14 16 11 25 20 21 11 40 34 37 22 Doboj Canton (Zenica)

District PO Doboj 5 2 5 6 2 1 1 11 4 6 1

District PO Istočno 12 5 6 2 12 5 6 2 Sarajevo TOTAL FIRST GROUP 38 47 57 43 60 29 36 20 98 76 93 63 OF PPP POs

SECOND GROUP OF PPP POs

Cantonal PO of 52 7 13 7 72 9 16 7 124 16 29 14 Sarajevo Canton Cantonal PO of Herzegovina-Neretva 17 4 5 3 14 9 6 2 31 13 11 5 Canton (Mostar) Cantonal PO of West Herzegovina Canton 5 2 1 1 7 12 2 1 1 (Široki Brijeg)

District PO Trebinje 4 16 26 19 16 20 26 19 16

Federal PO of FBIH

Republic PO of RS

TOTAL SECOND 78 13 19 11 109 44 41 25 187 57 60 36 GROUP OF PPP POs

THIRD GROUP OF PPP POs

PO Brčko District BiH 3 4 1 1 10 2 1 13 6 2 1

District PO Banja Luka 13 11 13 3 20 20 21 7 33 31 34 10

District PO Bijeljina 5 2 5 3 10 6 6 4 15 8 11 7

Cantonal PO of Posavina Canton 7 3 3 2 1 1 1 8 3 4 3 (Orašje) Special Department of 8 2 1 5 1 13 1 2 1 Republic PO RS TOTAL THIRD GROUP 36 20 24 10 46 29 29 12 82 49 53 22 OF PPP POs FOURTH GROUP OF PPP POs Cantonal PO of 2 1 1 3 0 1 0 Canton 10 (Livno) Cantonal PO of Mid Bosnia Canton 19 3 3 13 3 2 32 6 5 0 (Travnik) Cantonal PO of Bosnia - Podrinje Canton 2 1 2 2 1 3 1 2 2 (Goražde) Cantonal PO of Una- 20 17 22 12 14 11 12 2 34 28 34 14 Sana Canton (Bihać) District PO Prijedor 17 4 2 2 24 16 8 1 41 20 10 3

TOTAL FOURTH 60 25 30 16 53 30 22 3 113 55 52 19 GROUP OF PPP POs

ALL PPP POs

TOTAL ALL PPP POs 212 105 130 80 268 132 128 60 480 237 258 140

Page 31 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019

Indicator DR 1.3-1 – Number of judges and judicial personnel trained with USG assistance The JA continued to provide overall support to the judiciary in BiH. In Quarter 3, Activity Year 5, the JA organized or took part in organizing ten events including trainings, workshops, seminars, conferences and other events. In this quarter, 219 staff members of the POs, Courts and HJPC spent 310 days attending such events. Considering gender disaggregation, 44.3 percent of attendees were men and 55.7 percent were women. If considering POs only, 81 members of POs’ staff attended 157 days of events, with 46.9 percent being men and 53.1 percent being women.

Indicator DR 2.4-1 – Number of government officials receiving USG-supported anti- corruption training In Quarter 3, Activity Year 5, 6 out of 10 total number of trainings, workshops, seminars, conferences and other events were directly or indirectly related to the fight against corruption. In this regard, 77 staff members of POs, courts, and the HJPC attended these events in Quarter 3, Activity Year 5. In addition, 13 other government officials outside the judiciary in BiH also attended these events. Of the total of 90 attendees, 42.2 percent were men and 57.8 percent were women. All together, they spent 151 days attending anti-corruption events in Quarter 3, Activity Year 5.

Page 32 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report July 15, 2019 ANNEX 1 – SUCCESS STORIES

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SUCCESS STORY Financial Terms Glossary offers New Tool in the Fight Against Corruption

Financial investigations are essential for prosecuting corruption and economic and organized crime cases. These investigations are usually This new glossary provides a complex, consuming significant time and resources, but they are critical common understanding of to successful prosecutions, particularly for determining appropriate terminology for justice sentences and asset forfeitures. The terminology in these investigations is sector actors combatting usually complicated and often misinterpreted. corruption The Justice Activity (JA) in Bosnia and Herzegovina (BiH) conducted interviews with prosecutors who noted that various actors in the process — the police, prosecutors, judges, court personnel — use different terms for explaining the same concepts. This lack of consistent terminology impairs the effectiveness of prosecuting corruption and economic and organized crime cases. Therefore, the JA developed a Financial Terms Glossary to ensure a common understanding of the concepts related to financial and economic investigations.

In 2017, the JA completed an Analysis of the system of engaging expert witnesses in cases of corruption and organized and economic crime. The Glossary was developed as a direct result of one of the recommendations from this analysis to support the work of prosecutors. It was presented to 41 prosecutors and judges during workshops on prosecuting corrup- tion cases held in Sarajevo, Mostar, and Jahorina from March to June 2019. One of the participants, Merima Lukanović, a judge at the Cantonal Court in Tuzla, said, “This Glossary will undoubtedly contribute to a better understanding of terms that are often interpreted differently by judges, prosecutors, police officers, and other participants in the criminal proceedings.” Financial Terms Glossary Sarajevo, June 2019 The JA is a five-year initiative that has been working to develop the rule Photo: USAID’s Justice Activity in BiH of law in BiH since late October 2014. The JA has helped build the capacity of justice institutions in BiH to effectively prosecute corruption and deal with cases of economic and organized crime in an efficient manner.

U.S. Agency for International Development www.usaid.gov

SUCCESS STORY Building Communication Skills for Better Transparency in the Justice Sector

The Justice Activity (JA) in Bosnia and Herzegovina (BiH) is increasing the Prosecutors have a transparency of the justice sector by improving the public relations (PR) responsibility to keep the skills of prosecutors and staff. Most BiH prosecutor offices do not employ public informed of their professional spokespersons; instead they have utilized secretaries or legal advisers who do not have the relevant PR skills to perform those duties. work Likewise, prosecutors are often uncomfortable engaging with the media and lack the requisite skills and confidence for this type of public performance.

To address this skills deficit, the JA completed public speaking training for chief prosecutors and PR staff from 17 prosecutor offices in June 2019 in Sarajevo. The training was led by top public speaking experts, a journalist, and a psychologist. Participants learned how to prepare successful presen- tations by separating important information from irrelevant facts. They also learned techniques for overcoming the fear of public speaking, how to organize their points, and how to build good communications skills.

Sabina Sarajlija, the newly appointed chief prosecutor of the Sarajevo Participants practice their new public speaking Cantonal prosecutor office, said, “Public speaking is never an easy task. skills at training in Sarajevo, June 2019 However, prosecutors, as government employees, are accountable to Photo: USAID’s Justice Activity in BiH their citizens, and therefore public speaking is part of our public duty. That is why I appreciate this training so much and consider it as vital for my future work.” As part of this interactive training, participants practiced their new skills in front of a camera with critiques from the training experts to improve their public speaking. The new techniques and oppor- tunities to put them into practice improved prosecutor and staff capacity to engage with the media and offer more complete information to the public. This type of transparency is increasing public confidence in the justice sector and helping to build a stable and lasting rule of law culture in BiH. Participants evaluated the training very highly for both its content and methodology.

Justice sector transparency is particularly important because it promotes accountability and combats corruption. The JA is taking affirmative steps to help prosecutors and PR staff to improve their skills and increase communication with the public. The JA is a five-year initiative that is empowering the justice sector in BiH to effectively tackle corruption and helping partner prosecutor offices to strengthen their transparency and improve their capacity to establish better relations with citizens and the media.

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 July 15, 2019

ANNEX 2 – ORGANIZATIONAL CHART

USAID'S JUSTICE ACTIVITY IN BIH

Chief of Party Biljana Potparic Lipa

Deputy CoP Muhamed Susic

M&E and Project Management Support Finance and Procurement M&E Director - Sanin Dzidic Finance & Administration Manager - Alen Halilovic Assistant to CoP - Elmir Halebic Finance & Administration Assistant - Emir Budalica Driver - Boris Saric

SUB-PURPOSE SUB-PURPOSE Component - Strengthening capacities of Component - Strengthening professional status judicial institutions to combat corruption and performance of prosecutors and uphold public integrity Component Leader - Sanela Paripovic Component Leader - Elmerina Ahmetaj Hrelja Senior Justice Sector Specialist - Maja Kapetanovic Legal Adviser - Kenan Henda Justice Sector Specialist - Gorana Zagovec Kustura Communications and Partnering Officer - Azra Brkić Project Support Officer - Elvira Kavazović

Page 36 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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