A CORPORATE-JUDICIAL AFFAIR: Part 10
In the previous 9 parts of the series “A Corporate-Judicial Affair in BiH” we have presented in detail the corrupt behavior of the Court in Mostar. Namely, by violating all laws and codes of judicial ethics the court was conspiring with one of the parties in the proceeding. We named that party anonymously as “local builder”. As a result of the conspiracy, this party was enabled to illegally defraud the other party in the case, anonymously called “international bank”, causing damages in the amount of several tens of millions BAM.
The entire timeline of the delays, based on the exact data from the judicial documentation, can be found HERE.
Below, we will continue to name the parties involved by pseudonyms, and reference the party favored by the Court in Mostar “the local builder”, and the party discriminated against by the Court in Mostar “the international bank”.
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Tenth, jubilee part of the series “A Corporate-Judicial Affair in BiH” is published earlier than we had announced, so that our readers can be informed in a timely manner about new developments in the case. Our current report shows hope that even in BiH we can create a functional system. It also shows that we must fight for it, as this is our state.
Following our reports about the different irregularities and obstructions in different institutions in charge of the case at hand, it would seem that those same institutions are not completely immune to society’s expectations to perform their public duties in an ethical and professional manner.
Only after we filed a complaint with the Municipal court in Mostar about potential corrupt behavior inside the court, and after we reported in great detail about obstructions by the Court in Mostar, including the 15 month-long delay in deciding on the local builder’s objection, which baselessly stopped the process of counter-enforcement, the Municipal court in Mostar woke up and decided to act in accordance with its jurisdiction.
First of all, it removed from the case judge Nina Ratkusic, who kept the case files in her drawer for more than 15 months. Next, the newly appointed judge Bajro Avdic, on 23.01.2020 issued a decision, proving once again that the delay in originally reaching the decision was unreasonable and unjustifiable. This act unblocked the judicial process with regard to the case at hand.
After we filed a complaint to the Office of the Disciplinary Prosecutor against judge Nina Ratkusic for irregular conduct, as well as against the disciplinary prosecutor for failure to act in previously filed complaints, and after we reported in great detail about the failure to act inside the ODP, with regard to all judges acting in this case, the ODP decided to act in accordance with its jurisdiction, and has initiated disciplinary proceedings against judges Ognjenka Skoro and Nina Ratkusic.
Sarajevo Cantonal Bar Association also conducted activities within their jurisdiction with regard to the complaints we filed against attorneys representing the local builder in this case, for violating the Code of Legal Ethics.
Even though every one of the above-mentioned institutions acted in line with their duties and jurisdictions, still we cannot disregard the epochal importance that such turn of events represents. It proves that our judicial, and by extension, entire state system, are not immune against a genuine human need to be treated ethically. The fact remains that it took many a pointing fingers at the irregularities in order for those in charge to decide to fix it. This time it took months, but it did work. Next time, it may happen sooner.
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Ethics have proven to be a powerful weapon. Where ethical standards are respected, the systems in which this is found seem perfect to us, so we strive to be like them.
We cannot claim that the judiciary generally is beginning to work solely on the basis of this one decision. We are well aware of the fact that one swallow does not a spring make. Still, we are witnessing a more optimistic vision where calling on ethical standards of conduct, we can overcome the zone of corrupt behavior. In turn the system can get back into the zone of legality and legitimacy. Without ethics, it is impossible to imagine the principle of independent judiciary. Without ethics, the principle of independence turns into a shield for illegal actions that undermine rights and justice.
Ethics and ethical standards of conduct are proving to be a very efficient tool and a solution for the recovery of the judiciary, regardless of the fact that our public still exclusively believes in the traditional methods of imprisonment and arrests. Within the domestic public, ethics are still considered to be too soft and sophisticated tools that are characteristic for countries like Sweden, Denmark and other developed democratic societies. As such, it cannot “take” in the Balkans. Although such attitude seems very appealing at first, it contains a systemic error, that is that without mainstreaming ethics throughout all levels of the judiciary we cannot expect mechanisms of control within the judiciary to show decisiveness and courage necessary to do their job honestly and with commitment.
Therefore, in short, without ethics there will be nobody left to arrest and convict. All this points to the fact that calling for arrests and serious sentences is futile. That is what we have witnessed in the last 20 years in BiH. The only possible solution is to persistently and systematically analyze ethical loopholes and to insist on strengthening ethical standards of conduct in all levels of the judiciary. Furthermore, without ethical standards, we are witnesses to a completely opposite process, i.e., an increasing number of fraudulent indictments and false arrests motivated by political, financial and other illegal interests.
All these reasons lead us to conclude that the problem in the BiH judiciary was not created because of any bad laws, but exclusively because of lack of existence of a culture of ethics among those performing judicial functions. This in turn imposes on us a conclusion that A SOLUTION EXISTS for the recovery of the BiH judiciary. It is a persistent development and demanding that each individual performing judicial functions act in accordance with ethical standards of conduct. We must not kid ourselves to think that culture of ethics can be imposed by a new “reform” law on our European path. What is key is to organise so-called “field work”.
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The solution for ethical and efficient functioning of the judiciary is the most important task for the entire society, and all state, judicial, civil and business resources must be directed toward making that happen. The fact that tens of thousands of people are emigrating from BiH to Germany and other countries of the EU is best evidence of this matter’s urgency, as they indicate the primary reason for leaving the injustice in the society and lack of perspective that is a consequence of a fundamental injustice and inequality before the law in all social spheres.
This judicial epilogue does bring a dose of confidence that things in BiH can in fact get done. We hope that it will signal to the young people that there is value in staying in your own country, and that it is possible to fight for ethical ideals in your own country.
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End of part ten.
The series will continue to follow the events with regard to all the proceedings that have begun as well as any other circumstances that may occur, hoping that with the recovery of the judiciary, we will witness better life conditions in BiH, and in turn, greater number of us will decide to stay here.
