SUBMISSION OF COMPLAINTS TO THE OFFICE OF THE DISCIPLINARY COUNSEL
If you believe that there is a misconduct in a certain case, committed by a prosecutor, you are entitled to file a complaint with the Office of the Disciplinary Counsel of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina. The Office of the Disciplinary Counsel has jurisdiction to receive complaints against judges and prosecutors, conduct disciplinary proceedings, as well as to determine disciplinary accountability and impose disciplinary measures on judges and prosecutors. The Office of the Disciplinary Counsel initiates investigations upon its own initiative or upon a complaint, which may be submitted by any person or organization, and which may be lodged in writing or in person at the Office of the Disciplinary Counsel together with evidence corroborating the assertions in the complaint.
If the Office of the Disciplinary Counsel establishes that the complaint is unfounded, such a complaint will be rejected and the complainant will be informed thereof.
If the submitted complaint justifies investigation, the Office of the Disciplinary Counsel will initiate an investigation which will include legal analysis, collection of additional information from the complainant, taking statements from witnesses and the complainant, and requesting a statement from the prosecutor who is the subject of the investigation, as well as taking relevant documents and other information from other persons or organizations. Once the investigation is completed, the Office of the Disciplinary Counsel Office determines whether there is sufficient evidence of a disciplinary offence committed by the prosecutor, for the purpose of initiating disciplinary proceedings.
The Office of the Disciplinary Counsel will reject a complaint if the legally prescribed statute of limitations expires or if the Office of the Disciplinary Counsel determines, following the investigation, that there is no sufficient evidence of the committed disciplinary offence, and informs the complainant thereof.
Detailed information about the process of submission of complaints and the course of the disciplinary proceedings, including the forms for lodging complaints, can be found here.