Milorad Barasin: The Most Difficult and Complicated Job
Over the past four and a half years of its work, the Prosecution of Bosnia and Herzegovina has indicted 160 people for war crimes and organized crime. In his interview with Justice Report, the Chief Prosecutor speaks about the achievements, problems and plans of the Office he leads.
This post is also available in: Bosnian
JR: The High Representative in Bosnia and Herzegovina rendered a Decision enabling further engagement of international prosecutors with the War Crimes Section. You lobbied for such a Decision. Has it come too late?
B: I do not comment on Decisions made by the High Representative in Bosnia and Herzegovina. At present one international prosecutor, Jude Romano, who works on the cases assigned to him, is employed in the War Crimes Section of the State Prosecution. Besides him, we should recruit three more prosecutors. A job announcement will be published for the new colleagues. The High Judicial and Prosecutorial Council of Bosnia and Herzegovina will select and appoint them.
The vacant positions will be filled with international prosecutors, if they apply to the announcement.
The function of the Chief of the State Prosecution’s War Crimes Section will no longer be performed by an international prosecutor, because internationals are no longer allowed to head any of the sections. The section chief functions will be performed by local prosecutors, who will, at the same time, be deputies to the Chief State Prosecutor, who will appoint them to those functions. This is what the law stipulates.
JR: Have these changes caused problems in the daily work of the War Crimes Section of the Prosecution of Bosnia and Herzegovina?
B: The transition is not only taking place in the War Crimes Section, but also in the Organized and Economic Crime and Corruption Section of the State Prosecution. Each transition is painful. However, each prosecutorial organization, and I have been working in such organizations since the beginning of my career, goes through turbulence, changes and transformations.
But, the cases must not be held up. The Prosecution has to function. This is how it will be in the future.
I have already undertaken some activities. I had made plans A, B and C, depending on what was going to happen. The Prosecution of Bosnia and Herzegovina must go on. Cases have to be investigated. Prosecutorial decisions have to be made. Indictments have to be represented before the Court. Therefore, we must not reduce any single element of the Prosecution’s work.
Besides the departure of international prosecutors, the Prosecution of Bosnia and Herzegovina has lost one local prosecutor, who has started working with the State Court as a judge.
JR: How satisfied are you with what you have done during the course of the first year as Head of the Prosecution? Are you content with what has been done?
B: As far as my annual report is concerned, I would not give you information about it now, although I have it ready, because the working year is still not over. Once we have finalized the statistics data in the second half of January next year and the narrative part of the report afterwards, I will be able to speak about this topic. This will be in February next year. However, as Chief Prosecutor, I can say I am satisfied with most of the work done, but this does not mean we can be content with the accomplishments. As I said at a meeting held recently with the prosecutors, our results must be at a much higher level next year.
JR: Last week the War Crimes Section of the Prosecution of Bosnia and Herzegovina informed the public of the cancellation of two investigations – namely the one on the so-called Tuzla Convoy and the crimes committed in Bradina and Glavaticevo, in Kojnic Municipality. The Prosecution did not inform the public of the course of its investigations in the past. Why have you done that in this case?
B: Your question looks like the questions put by some politicians and NGO representatives. I do not want to comment on this, because any comments I might make would affect the validity of the decision I shall eventually render.
JR: The pace at which the War Crimes Processing Strategy is being implemented has been criticized by the public. The Prosecution is responsible for one part of the Strategy pertaining to the establishment of a centralized database. The database was due to be completed in January this year, but, as far as we know, this has still not been done?
B: The database is on my desk. I do not know what you have in mind when you say a centralized database? The database of cases contains harmonized data gathered from the prosecutors’ offices. The Prosecution of Bosnia and Herzegovina has a centralized database containing information on each case conducted in the country. It contains all data submitted to the Prosecution of Bosnia and Herzegovina.
JR: Does this mean that you know the final number of war-crimes suspects?
B: The number will never be final, because a lot of new cases can come out of each of the present cases. Look, the passage of time has made some people open up and speak about crimes which took place in the past, although no previous records of those crimes exist. What I have in front of me is a database containing information gathered until December 1 this year. The numbers can change.
JR: Can you determine, on the basis of the available data, that no parallel investigations are being conducted by the Prosecution of Bosnia and Herzegovina and other prosecutions, such as the district and cantonal ones?
B: This is a complex question and I shall not give you an answer.
JR: You have performed the function of Chief Prosecutor for one year. As far as we know you have been exposed to pressures. Has it been worthwhile accepting the function of the State Prosecution’s Chief Prosecutor?
B: This is a complicated question. This is the most complex, difficult and complicated job. A prosecutor praised by everyone is, as far as I am concerned, not a good prosecutor. As Chief Prosecutor I can just say that we are on the right track. I have been leading this institution for nearly two years, because I also performed the function of Acting Chief Prosecutor. I have realized what needs to be done and changed in order to make progress.
The pressures and attacks to which we are exposed represent attempts to make us cut down our work. This also means we are surrounded by many straightforward criminal elements. I am not afraid of them. There is no pressure that could influence me and prevent me from doing the job in the way I conceived and planned it.
Erna Mackic is BIRN – Justice Report journalist. [email protected] Justice Report is BIRN online weekly publication.
