The High Judicial and Prosecutorial Council of BiH /HJPC/ confirmed Wednesday the decision of the Second Instance Disciplinary Commission and removed Gordana Tadić from the position of the Chief Prosecutor of BiH.
Six members of the Council voted for this decision, five were against and one abstained.
As previously decided, Tadić will be transferred from the position of Chief Prosecutor to the position of Prosecutor of the Prosecutor’s Office of BiH.
The HJPC made a decision at today’s session announcing a competition for the new Chief Prosecutor of BiH.
The HJPC, who can appoint, dismiss and impose disciplinary measures to the judges and prosecutors in the country, recalled that, deciding on the disciplinary lawsuit of the Office of the Disciplinary Counsel (ODC) against Gordana Tadic, the first instance Disciplinary Commission confirmed a disciplinary responsibility of the Chief Prosecutor ”because she failed to act per the relevant provisions of the automatic distribution system (TCMS) Rulebook and the Council Conclusion of 17th and 18th of December 2014, by which the HJPC BiH “instructs the Chief Prosecutors in BiH to ensure the assignment of cases in their institution to all prosecutors via the TCMS.”
They also stated that she “failed to take the necessary actions to remove possible technical obstacles to the allocation of cases by the automatic selection system,” thereby committing disciplinary offences of “negligence in the performance of official duties” and “failure to comply with decisions, orders or requests of the Council due to unjustified reasons” of the Law on the HJPC BiH.
“Item b) of the said decision said that contrary to the provisions of the Law on Protection of Classified Information of BiH, the defendant failed to initiate the procedure of personal security checks of employees of the Prosecutor’s Office of BiH and failed to act in accordance with the conclusion of the HJPC BiH of July 17, 2019, which ‘obliges all judicial institutions in BiH to urgently implement all obligations and measures prescribed by the Law on Protection of Classified Information of BiH’, thus committing disciplinary offences ‘negligence or negligence in performing official duties’ and ‘failure to act in accordance with the decisions, orders or requests of the Council, due to unjustified reasons’ of the Law on the HJPC of BiH,” the HJPC added.