Fewer than 30 plea bargains have been made in war crimes cases, even though prosecutors say they often yield information about mass graves or about other perpetrators of atrocities.
Bosnian courts have allowed five war crimes convicts to avoid serving their prison sentences by paying a fine, BIRN has found - a practice which critics claim makes a mockery of justice.
Cases handled by the Special Prosecutor’s Office for the fight against organized and economic crime in Republika Srpska have been postponed for months due to delays in appointing prosecutors.
After an OSCE appointed expert judge, Joanna Korner, sharply criticized the work of the Bosnian prosecution on war crimes, its spokesman accused her of an attack on the judiciary.
Some war crime trials held before the Court of Bosnia and Herzegovina have been postponed for several months due to absence of witnesses, various procedures or illness of defendants.
After three failed open calls for applications and nine months of waiting, the Bosnian High Judicial and Prosecutorial Council (HJPC) has yet to elect a new state level judge. According to the HJPC, no good candidates applied.
Despite claims that a draft law on the powers of the state-level court would be agreed by the end of January, no agreement on its powers has in fact been reached.
The state court fears that a new Bosnian Serb reform proposal is aimed at abolishing the state-level judiciary, but Republika Srpska says it just wants to clarify the division of authority between the state and Bosnia’s entities.