Ensuring Criminals Face Justice

General Coppola, Mr. Jurcevic, Mr. Lisak, Ladies and Gentlemen,

The rule of law is the only foundation on which a functioning and durable democracy can be built – and the work now underway to consolidate a functioning democracy in Bosnia and Herzegovina cannot move forward unless progress is also made in consolidating the rule of law.

Much hangs in the balance. Although a huge amount has been achieved in recent years corruption and organised crime remain pervasive and war criminals at large.

Prosecutors and the police are the key links in the justice chain. Neither can fulfil their purpose without the other – cooperation is a prerequisite for success – so the link between the two must be flexible as well as strong.

The situation is perilous but not hopeless. It is perilous because criminals have been able to establish sophisticated networks; it is not hopeless because law enforcement professionals – the people in this room – have made significant progress fighting back.

The continuing liberty of those associated with the very worst crimes that took place during BiH’s war has fuelled a widespread belief that Bosnia and Herzegovina is a lawless space, in which some are beyond the reach of the police and the courts. But this is a view that must be rejected.

This country’s judicial system has taken on a huge task – to render justice in the wake of a national nightmare that was characterised by the worst kind of injustice – the genocide that took place in Srebrenica is the most horrific example.

I welcome the fact that both Police and Prosecutors have undertaken to focus more of their resources on Srebrenica.

The volume of war-crimes cases – running into the thousands – will make severe demands, but it is clear that war crimes have to be investigated and those responsible have to be charged.

Just as the continued liberty of war criminals undermines the credibility of the entire justice system so too does the inadequacy of penalties for some crimes, including financial crimes. It is essential that the courts begin to apply the instruments available, such as asset seizure, provided for by recent legislation to remove the incentives for financial crimes.

Financial investigation should be an integral part of investigating any crime connected with acquiring assets.

There must be a speedy end to the present situation where it is possible for a criminal to retain the ill gotten gains, even after being convicted for his crimes; the current situation means that in Bosnia and Herzegovina crime sometimes does pay.

I believe that these two issues must be at the forefront of your discussions

Reforms in the Rule of Law sector have established professional standards in policing and prosecution, developed new institutions such as the State Border Police and SIPA. We also have the State Court and modern Criminal Codes and Procedure Codes.

These are the tools; they have to be used.

Over the next two days you will be looking at best practice in criminal procedure and you will be looking at ways of improving cooperation between police and prosecutors.

I believe that we are at a stage where there is momentum for change. This is not a losing battle; it is a battle now at a stage where determination and energy will win the day.

You are what stands between the great majority of honest citizens and a small criminal minority. This conference will fulfil a crucial role if you can come up with detailed and practical proposals to make cooperation between police and prosecutors more effective.

Thank you