r e p o r t on implementation of the medium ......execution of criminal sanctions in bih x 2.1.2.1...

Bosna i Hercegovina MINISTARSTVO PRAVDE

Босна и Херцеговина МИНИСТАРСТВО ПРАВДЕ

Number: 11-02-__________/16 Sarajevo, 22 January 2016

R E P O R T

ON IMPLEMENTATION OF THE MEDIUM-TERM STRATEGIC PLAN OF THE MINISTRY OF JUSTICE OF BOSNIA AND HERZEGOVINA FOR 2015

1. INTRODUCTION

Ministry of Justice of Bosnia and Herzegovina (MoJ BiH) was established in 2003, in accordance with the Law on Ministries and other Bodies of Administration of Bosnia and Herzegovina (“Official Gazette of BiH”, no 5/03, 42/03, 26/04, 42/04, 45/06, 88/07, 35/09, 59/09 and 103/09).

According to the Articles 13 and 16 of the Law on Ministries and other Bodies of Administration of Bosnia and Herzegovina, MoJ BiH is responsible for the following issues:

1) Judicial policy and drafting of laws and other regulations - drafting relevant laws and regulations to address the issues within the jurisdiction of the Ministry relating to the judicial bodies at the state level and international and inter-entity judicial cooperation; generally acting as central coordinating body for ensuring inter-entity legislative and justice system harmonization, whether by providing good conditions for discussion or coordinating initiatives; and providing guidelines and monitoring legal education to ensure inter-entity harmonization in this area and compliance with best practices;

2) Judicial administration - administrative functions related to the judicial bodies at the state level and inter-entity judicial cooperation;

3) International legal assistance - international judicial cooperation (international legal assistance and contacts with international tribunals); ensuring that legislation and implementation by BIH at all levels is in compliance with the obligations of BiH deriving from international treaties; cooperation both with the Ministry of Foreign Affairs and with the entities in the drafting of international bilateral and multilateral treaties and extradition;

4) Tasks of administration and administrative inspection - issues of associations of citizens; keeping registers of associations of citizens and NGOs operating in BiH; tasks of administrative inspection of legislation governing civil servants and employees of the bodies of administration; administrative procedure and special administrative procedures, as well as office operations in the bodies of administration;

5) Other tasks and duties which are not within the competence of other ministries of BiH and which are related to the tasks and duties of this Ministry.

In accordance with the Article 9 of the Law of BiH on the Execution of Criminal Sanctions, Detention and other Measures (“Official Gazette of BIH”, no. 12/10 – Consolidated version and 100/13), MoJ BIH was given the responsibility for:

6) Execution of criminal sanctions, detention and other measures of the Court of BiH.

Mission of the MoJ BiH is ensuring equal and timely access to justice and to effective, ethical, lawful and accountable public administration, in accordance with European standards.

Report on Implementation of MoJ BiH MTSP for 2015

Developed by: Sector for Strategic Planning, Aid Coordination and European Integration 2

Strategic objectives of the MoJ BiH are:

1) Contribute further to the strengthening of an independent, accountable, efficient, professional and consistent justice system in BiH, which will also contribute to the creation of preconditions for economy growth in BiH;

2) Provide preconditions for continuous progress in the system of execution of criminal sanctions in BiH, in accordance with European commitments and standards;

3) Further improvement of international legal assistance system;

4) Create preconditions for more active engagement of civil society and provision of legal assistance;

5) Strengthen capacities, independence and efficiency of Administrative Inspectorate for the institutions of BiH;

6) Contribute to the establishment of coordinated, effective and efficient justice sector and public administration.

The aim of this report is to inform the management and staff of MoJ BiH on the implementation of the Medium-Term Strategic Plan of MoJ BiH (MoJ BiH MTSP) in 2015.

2. METHODOLOGY OF THE REPORT DEVELOPMENT

This report is developed on the basis of data collected from MoJ BiH organizational units.

Revised MoJ BiH MTSP has developed a relatively simple system for monitoring basic progress. According to the inputs, the progress can be classified in one of the following four groups:

1) COMPLETED – (green) - strategic programme has been implemented in line with the timeframes and the indicators as set by BiH JSRS, or progress is on track and no delays in implementation are being anticipated. Strategic programmes that have a “completed” status do not require any further actions and should be assessed in term of impacts they have had on implementation of long-term priorities or potentially will have once fully implemented;

2) UNDERWAY – (yellow) - there are delays in the implementation of the strategic programme which require explanation that must be provided by a responsible person, discussion and conclusion of coordination of the Secretary and other MoJ BiH managerial civil servants on that issue;

3) POSTPONED – x (orange) - strategic programme has not been initiated, which requires explanation that must be provided by a responsible person, discussion and conclusion of the MoJ BiH Expert Collegium on that issue;

4) STOPPED – xx (red) - implementation of the strategic programme should be stopped and not implemented any further, which requires explanation that must be provided by a responsible person, discussion and conclusion of the MoJ BiH Expert Collegium on that issue.



3. OVERVIEW OF MoJ BiH MTSP IMPLEMENTATION IN 2015

It was planned in the MoJ BiH MTSP to implement certain number of strategic programmes, which was elaborated in the MoJ BiH Programme of Work and plans of work of the MoJ BiH organizational units for 2015.

Strategic objective 1: Contribute further to the strengthening of an independent, accountable, efficient, professional and consistent justice system in BIH, which will also contribute to the creation of preconditions for economy growth in BiH

SECTOR FOR JUDICIAL BODIES

Strategic programme Activity Status Achieved results in the implementation of the activity

1.1 JUDICIAL INDEPENDENCE AND HARMONIZATION OF LAWS AND COURT PRACTICE IN BIH

1.1.1 Consolidation of functions of the High Judicial and Prosecutorial Council of BiH (HJPC BiH)

1.1.1.1 Law on Amendments to the Law on High Judicial and Prosecutorial Council of BiH was submitted to the Council of Ministers of BiH (CoM BiH) on 28 August 2015.

1.1.2 Reform of the appellate system of the Court of BiH

1.1.2.1 Law on Courts of BiH is under revision in accordance with the recommendations of the Structured Dialogue and the TAIEX seminar held in October 2015.

1.1.3 Adoption of the Law on the Constitutional Court of BiH

x 1.1.3.1 Drafting of the law has been postponed due to other priority activities.

1.1.4 Adoption of amendments to the Law on the Prosecutor’s Office of BiH

x 1.1.4.1 Drafting of the law has been postponed. Implementation of this activity is conditioned by the adoption of the Law on Courts of BiH.

1.1.5 Adoption of amendments to the Criminal Procedure Code of BiH

1.1.5.1 With OSCE support, an expert group has been formed that is preparing analysis and suggestions for the work on the harmonization of the four criminal procedure codes in BiH.

1.1.6 Harmonization of BiH Law on Salaries and Allowances of Judicial Office Holders

x 1.1.6.1 Drafting of the law has been postponed due to other priority activities.

1.2 EFFICIENCY AND EFFECTIVENESS OF JUDICIAL INSTITUTIONS IN BIH

1.2.1 Improvement of the alternative dispute resolution (ADR) system of BiH

1.2.1.1 and 1.2.1.2 In the organization of the European Union Delegation to BiH (EUD) and HJPC BiH, in the last quarter, the new report was presented on the analysis of the system of alternative dispute resolution/mediation in BiH, with the support of EU project “Assessment of alternative dispute resolution/mediation in BiH”.

1.2.2 Unburdening BiH judicial institutions by delegating certain procedures and transferring competencies

1.2.2.1 This activity is related to the implementation of HJPC BiH activities for 2015, which were related to the development of analysis on the possibility of relocating the enforcement procedure from the courts, on the basis of which the most suitable model of relocation will be identified as well as the type of the enforcement cases that are suitable for the transfer of competencies.

1.2.3 Monitoring of implementation of the laws on courts, prosecutor’s offices and all procedural laws of BiH

1.2.2.2 Analysis has been developed as the basis for development of recommendations and proposals of amendments to legal solutions.

1.2.4 Improvement of the system for monitoring efficiency and quality of the work of judges, prosecutors and expert associates

1.2.3.1 and 1.2.3.2 Activities depend on the adoption of new laws and/or amendments to the relevant laws.

1.2.5 Improvement and harmonization of the status of staff employed in BiH judicial institutions

1.2.4.1 This activity is implemented through the efficiency project led by HJPC BiH.

1.3 ACCOUNTABILITY AND PROFESSIONALISM OF JUDICIAL OFFICE HOLDERS IN BIH

1.3.1 Modernization and harmonization of programmes of bar exams in BiH

1.3.1.1 Law on Amendments to the Law on Bar Exam has been submitted to the process opinion providing in accordance with the CoM BiH Rules of Procedure.

1.4 FREE LEGAL ASSISTANCE

1.4.1 Adoption of the Law on Free Legal Assistance of BiH and its implementation

1.4.1.1 Draft Law was submitted to CoM BiH for further procedure in December 2015.



Strategic objective 2: Provide preconditions for continuous progress in the system of execution of criminal sanctions in BIH, in accordance with European commitments and standards

SECTOR FOR EXECUTION OF CRIMINAL SANCTIONS AND WORK OF THE PENAL INSTITUTION


2.1 MANAGEMENT OF THE SYSTEM FOR EXECUTION OF CRIMINAL SANCTIONS IN BIH

2.1.1 Harmonization of standards and regulations pertaining to the execution of criminal sanctions in BiH

2.1.1.1 BiH has completely harmonized standards and regulations in the area of execution of criminal sanctions with the Council of Europe (CoE) standards. 2.1.1.2 BiH has harmonized its regulations in the mentioned area with CoE standards, with continuous monitoring of international standards and analysing needs for harmonization.

2.1.2 Establishment of administration for execution of criminal sanctions in BiH

x

2.1.2.1 BiH does not have conditions for the establishment of administration for execution of criminal sanctions of BiH, because a prison system needs to have at least two institutes for execution of criminal sanctions of BiH to organizationally and legally could consider the establishment of administrations for execution of criminal sanctions.

2.1.3 Improvement of the system for collecting data in the area of execution of criminal sanctions in BiH

2.1.3.1 Analysis of the capacities for collecting data on the execution of criminal sanction in BiH showed that it is necessary to engage human resources in the Sector for Execution of Criminal Sanctions and Work of the Penal Institution for the work on the system. Due to budget constraints, there was no possibility for ensuring material-technical conditions and software solutions for operative and statistical collecting of data in the area of execution of criminal sanctions in BiH.

2.1.4 Improvement of the prison infrastructure and conditions in the institute of BiH

2.1.4.1 and 2.1.4.2 Over the previous period, there was a continuous work on the improvement of prison infrastructure and conditions in the institute of BiH. Therefore, in 2014 and 2015, for the first time the balance was established between the total number of convicted/detained persons and prison capacities, with the note that prison capacities were increased in 2014, and that in 2015 BiH prison system can accommodate 3021 person. Construction of the state prison is in progress. Completion of works is planned for the end of 2016.

2.1.5 Systematization and implementation of BiH prison staff trainings

2.1.5.1, 2.1.5.2 and 2.1.5.3 BiH is making continuous efforts in the area of professional development of the staff and in those activities CoE has the main role since it has undertaken implementation of the prison staff training by 2017 and those trainings are aligned with the highest European standards, where BiH has good results. Programmes of the prison staff training have been made.

2.1.6 Improvement of the health care system for prisoners in BiH

2.1.6. Financial resources for implementation of the Framework plan for improvement of health care of BiH prison population have been ensured through planning of funds within medium-term expenditure framework. 2.1.6.2 Framework plan for improvement of health care of BiH prison population was not implemented, due to the lack of agreement among relevant institutions. During 2015, detention unit health service had 14981 medical interventions.




2.2 ENHANCING THE APPLICATION OF ALTERNATIVE SANCTIONS IN BIH

2.2.1 Ensure application of community service for adult and juvenile convicts

2.2.1.1 All by-laws in the mentioned area have been drafted and harmonized with the European standards and Consolidated version of the Rulebook on type and conditions of enforcement of community service as a criminal sanction has also been drafted. 2.2.1.2 Positive trend in the application of community service institute has been continued in 2015. 2.2.1.3 Statistical monitoring over the enforcement of this institute is performed through annual reporting.

2.2.2 Improving the implementation of conditional release

2.2.2.1. Implementation of conditional release has been improved. 2.2.2.2 Regarding the institute of conditional release on the whole territory of BiH, there were 1890 cases in total. 2.2.2.3 Statistical monitoring over the implementation of the institute of conditional release and supervision has been ensured.

2.2.3 Improving the process of pardoning

2.2.3.1 Assessment of the pardoning policy has been made as well as amendments to the Article 3 of the Law on Pardoning of BiH. 2.2.3.1 and 2.2.3.3 Presidency of BiH received 21 requests for pardoning the convicted persons.

2.2.4 Establishing the probation service in BiH

2.2.4.1 Consideration of BiH probation service is the multiannual activity that depends on the construction and function of the State Prison, which will imply certain changes in the general part of the Criminal Code. 2.2.4.2 and 2.2.4.3 Depend on the implementation of the previous activities.

2.3 ENHANCING THE APPLICATION OF INTERNATIONAL STANDARDS

2.3.1 Improvement of detention conditions and treatment of the detained persons

2.3.1.1, 2.3.1.2 and 2.3.1.3 Regarding the improvement of detention conditions and treatment of the detained persons, laws and by-laws of BiH contain the international standards in terms of the treatment of those persons and their rights and duties by the prison staff. This activity is linked to the activity 2.1.4.

2.3.2 Improvement of the treatment of the prison population and creation of conditions for appropriate treatment of juvenile prisoners

2.3.2.1, 2.3.2.2, 2.3.2.3 and 2.3.2.4 Regarding this activity, all highest international standards were met, which was confirmed by the invitation of the European Committee for the Prevention of Torture (CPT) for BiH to nominate its member to CPT Delegation, which has been done.

2.3.3 Putting the Psychiatric Clinic in Sokolac into function

2.3.3.1 With the harmonization in the area of the psychiatric treatment with the international medical standards, BiH has amended BiH Law on the Execution of Criminal Sanctions, Detention and other Measures. BiH fulfilled all undertaken international obligations in the area of security measures and psychiatric treatment by establishing the Institute for Forensic Psychiatry in Sokolac. At the beginning of December 2015, MoJ BiH requested, and it still awaits, an answer from the Ministry of Health of RS on the exact date of putting the mentioned Institute into function.



Strategic objective 3: Further improvement of international legal assistance system

SECTOR FOR INTERNATIONAL AND INTER-ENTITY LEGAL ASSISTANCE AND COOPERATION


3.1 INTERNATIONAL LEGAL ASSISTANCE AND COOPERATION

3.1.1 Development of compiled analysis of challenges and needs in the area of international legal assistance (ILA)

3.1.1.1 A comprehensive analysis of challenges and needs in the area of ILA has not been made. Regarding specific types of legal assistance, analysis were carried out and are constantly being carried out in order to improve and simplify those types of legal assistance, and one of those analysis was presented through the report related to the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime and on the Financing of Terrorism. 3.1.1.2 Recommendations arising from the analysis are being implemented.

3.1.2 Improvement of performance of BiH courts in ILA cases with the aim of harmonization

3.1.2.1 MoJ BiH participated with Judges and Prosecutors Training Centre (JPTC) of FBiH and RS in the preparation of annual programme of work in the area of ILA. 3.1.2.2 Continuous targeted trainings of judges on ILA were carried out. 3.1.2.3 Special instructions for delivery of information to the courts in BiH, in terms of new legal instruments in the process of ILA providing have been made and published on MoJ BiH web site.

3.1.3 Improvement of provision of ILA in civil matters

3.1.3.1 In 2015, continuous training of judges was ensured in the area of ILA in civil matters.

3.1.4 Improvement of the uniform manner of recording BiH nationals sentenced abroad or in BiH, but born outside BiH

3.1.4.1 Issue related to improvement of the uniform manner of recording BiH nationals sentenced abroad or in BiH, but born outside BiH, was resolved through the Law on ILA in Criminal Matters, with the obligation of the Ministry of Security to provide implementing regulations, which has been done. MoJ BiH gave to the Ministry of Security certain instructions and warned it of the obligation of compliance with the Law on ILA in Criminal Matters.

3.1.5 Capacity strengthening of entity ministries and JC BD in the area of ILA, and organizing the joint trainings with MoJ BiH and coordination of efforts in this area

3.1.5.1. and 3.1.5.2 Training and exchange of experiences and good practice were held through the meetings with the entities and BD BiH, which is, in practice, the most common form of cooperation and capacity building of entity ministries and JC BD BiH in the area of ILA.

3.1.6 Establishment and further improvement of systems of informing, keeping the electronic registry office, collecting and monitoring statistics in the area of ILA by the competent bodies

3.1.6.1 Funds for upgrading OWIS were not available due to the budget restrictions. OWIS is continuously being improved, but nevertheless it is necessary to upgrade the system, because BiH has accessed new conventions that require mandatory recording of specific type of statistical data. 3.1.6.2 This activity depends on the implementation of the previous one.



Strategic objective 4: Create preconditions for more active engagement of civil society and provision of legal assistance

SECTOR FOR LEGAL ASSISTANCE


4.1. CIVIL SOCIETY

4.1.1 Development of the Strategy for establishing a supportive environment for the development of sustainable civil society in BiH

x

4.1.1.1 Development of the Strategy for establishing a supportive environment for the development of sustainable civil society in BiH was not completed. This activity is linked to the activity 4.1.2. 4.1.1.2 Cooperation with the countries of the region and EU has been continued.

4.1.2 Revision of the Agreement on cooperation between the CoM BiH and NGO sector in BiH

x

4.1.2.1 Proposal of the revised Agreement has not yet been prepared because new appointment of the representatives of the Office of the Chairman of the CoM BiH and Government of the Federation of BiH to the Working Group is being awaited, after which the Working Group will finalize work on the revision of the Agreement.

4.1.3 Implementation of the EU programme “Europe for Citizens 2014 – 2020“

4.1.3.1 On 27 November 2015, BiH signed the Agreement on participation of BiH in the programme “Europe for Citizens 2014 – 2020”. MoJ BiH in cooperation with Civil Society Promotion Centre (CSPC) and City Development Agency East Sarajevo (RAIS) organized, on 22 and 23 December 2015, info-days – “Programme Europe for Citizens 2014 – 2020” - for about 70 participants.

4.2 CRIMINAL DEFENCE

4.2.1 Implementation of activities aimed at ensuring principle of fair trial and providing the highest standards of defence through legal and technical support to a Defence Counsel in the procedures before the Section I (war crimes) and Section II (organized crime, economic crime and corruption) of the Court of BiH

4.2.1.1 Lists of certified attorneys before the sections I and II of the Court of BiH were changed in 2015. 4.2.1.2 Regarding the cooperation with the International Criminal Tribunal for the former Yugoslavia in mediation for the needs of defence in the war crimes cases before the Court of BiH, related to the activity of cooperation with the Court and Prosecutor’s Office of BiH, as well as mediation for the needs of defence in war crimes cases before the Court of BiH, the cooperation was established and improved. 4.2.1.3 In 2015, there were 3 seminars for the defence counsels engaged before sections I and II of the Court of BiH, which were independently organized, and 9 with the OSCE Mission to BiH. 4.2.1.4 “OKO War Crimes Reporter” number 17 was published.



Strategic objective 5: Strengthen capacities, independence and efficiency of public administration and Administrative Inspectorate in BiH institutions

SECTOR FOR ADMINISTRATION


5.1 IMPROVEMENT OF ADMINISTRATIVE PROCEDURE

5.1.1 Improving the quality of administrative decision-making

5.1.1.1 Special administrative procedures were introduced for administrative matters where necessary. 5.1.1.2 Integrated registers of procedures were not made available to all administrative bodies in BiH, but activities on the implementation of this activity have been initiated. 5.1.1.3 Electronic communication between administrative bodies and clients was introduced.

5.1.2 Implementation of activities provided by the revised Action Plan of the Public Administration Reform Strategy in terms of service user's satisfaction

5.1.2.1 Survey among users of administrative services for the purpose of identifying their needs and collecting information was not carried out. 5.1.2.2 Obligation of publishing data has been prescribed. 5.1.2.3 System of collecting comments, proposals and suggestions from users of administrative services has been improved.

5.1.3 Improvement of enforcement in the administrative procedure

5.1.3.1 Number of backlog cases in the administrative procedure has been reduced.

5.1.4 Improvement of organization and staff capacity strengthening

5.1.4.1 Training and certification of staff making decisions in the administrative procedure has been provided. 5.1.4.2 Necessary disciplinary measures and material responsibility of civil servants working on the tasks of administrative decision-making has been guaranteed.

5.1.5 Making the registration procedure of associations and foundations more transparent and easier

5.1.5.1 Plan of public informing about requirements under the Law on Associations and Foundations and appropriate by-laws has been developed.

5.2 ADMINISTRATIVE DECISION-MAKING

5.2.1 Decision-making in the administrative procedure

5.2.1.1 – 5.2.1.6 Requests of parties in the procedures of registration into the register of associations and foundations, changes in the register and deletion from the register, registration into the register of foreign non-governmental organizations, changes in the register and deletion from the register of foreign non-governmental organization, registration or registration of changes in the register of churches and religious communities in BiH, issuance of authorization to make stamp of BiH institutions and freedom of access to information were being timely resolved. 5.2.1.7 Destroying of stamps of BiH by the Commission was carried out within the prescribed deadlines.

ADMINISTRATIVE INSPECTORATE

5.3 ADMINISTRATIVE SUPERVISION

5.3.1 Improvement of administrative supervision

5.3.1.1 Jurisdiction of the Administrative Inspection (AI) related to the inspection of staff performance in administrative decision-making, ex officio and in accordance with harmonized rules of procedure, has not been changed. 5.3.1.2 AI capacities were not increased (number, equipment, training). 5.3.1.3 Internal system for monitoring the quality of work in the area of administrative procedure and administrative services has been established. 5.3.1.4 In 2015, amendments to the Law on Administration were made, AI competencies were more precisely determined and indirect supervision was suggested, which strengthen the role of administrative inspection. 5.3.1.5 AI supervises the application of the Law on Administrative Procedure, including the supervision related to resolution of cases within the prescribed deadline. 5.3.1.6. The issue of obligation of the second instance authority to decide on the merits is being resolved through the new legal solution that is under preparation.

5.3.2 Monitoring the implementation of laws and by-laws in BiH institutions within the jurisdiction of AI

5.3.2.1 Ex officio inspection in BiH institutions is continuously carried out. 5.3.2.2 Inspection in BiH institutions upon the request of a party is carried out accordingly.

5.3.3 Preparation and submission of an annually summary report on the situation in the area of administrative decision-making in BiH institutions within the jurisdiction of AI

5.3.3.1 2014 Summary report on the situation in the area of administrative decision-making in BiH institutions was made and submitted.



Strategic objective 6: Contribute to the establishment of coordinated, effective and efficient justice sector and public administration

SECTOR FOR STRATEGIC PLANNING, AID COORDINATION AND EUROPEAN INTEGRATION


6.1 COORDINATION AND EU INTEGRATION

6.1.1 Develop planning documents and reports on work of MoJ BiH and its organizational units and link them with the procedure of medium-term and annual planning of budget and update data on the MoJ BiH web-site

6.1.1.1 CoM BiH adopted the Instruction and it is published in the “Official Gazette of BiH”, no 45/15. 6.1.1.2 General and project part of the Budget Framework Paper (BFP) were made and submitted to MoFT. According to the instruction of the Directorate for Economic Planning (DEP), Annex B has been made with adjusted costs for CoM BiH Medium-Term Programme of Work (CoM BiH MTPW). 6.1.1.3 MoJ BiH Medium-Term Plan of Work with the Action Plan for 2016-2018 has been made, as well as proposal for development of CoM BiH MTPW for the period 2016 -2018 that is submitted to DEP. 6.1.1.4 Guidelines for the preparation of plans of work of the MoJ BiH organizational units for 2016, based on the established priorities from MoJ BiH MTSP, have been developed and delivered to the organizational units. 6.1.1.5 MoJ BiH Programme of Work for 2016 has been made, as well as the extract from MoJ BiH Programme of Work for 2016 for the CoM BiH Programme of Work for 2016. 6.1.1.6 MoJ BiH Report on Work for 2015 has been made. 6.1.1.7 Monthly and annual reports on work of SSPACEI have been made. 6.1.1.8 During 2015, all materials related to the work of SSPACEI were delivered for the publication on MoJ BiH web site.

6.1.2. Improve capacities of MoJ BiH SSPACEI for developing planning documents and their linking with the procedure of medium-term and annual planning of budget

6.1.2.1 During 2015, MoJ BiH SSPACEI staff regularly attended trainings-workshops organized by MoFT BiH and DEP BiH, for purpose of development of medium-term plan of work and annual programme of work of BiH institutions. 6.1.2.2 Special training for annual planning, which was also attended by the MoJ BiH Coordinator for development of strategic planning documents, was held in November 2015.

6.1.3 Establish instruments for managing the procedure of implementation, monitoring and evaluation of BiH JSRS implementation

6.1.3.1 Proposal of the Rules of Procedure of the Conference of Ministers of Justice in BiH and Presidents of HJPC BiH and JC BD BiH was drafted and sent, with the material, to the MC members, in December 2015, for opinions and suggestions. Comments from MoJ RS were received at the end of December. 6.1.3.2 During 2015, Guidelines for monitoring and evaluation of progress in BiH JSRS implementation were drafted. 6.1.3.3 Indicators of progress in BiH JSRS implementation have been developed. 6.1.3.4 Activities related to the development of the Financial Plan for BiH JSRS implementation have been initiated in cooperation with HJPC BiH. 6.1.3.5 Activities related to the development of a template for the report on progress in BiH JSRS implementation have been initiated. 6.1.3.6 Activities related to collecting of proposals and making decisions on the appointment of members to FWG and TS have been initiated.

6.1.4 Hold regular FWG meetings x 6.1.4.1 FWG meetings were not held in 2015, because BiH JSRS and its Action Plan were not adopted. Action Plan for BiH JSRS implementation was developed by the Working Group established by the Minister of Justice of BiH on the basis of CoM BiH conclusion.





6.1.5 Hold regular meetings of BiH JSRS Technical Secretariat (TS)

x 6.1.5.1 BiH JSRS TS meetings were not held in 2015, because BiH JSRS and its Action Plan were not adopted.

6.1.6 Develop periodical reports on BiH JSRS implementation x

6.1.6.1 Since the Action Plan for BiH JSRS implementation was not adopted at the end of December 2015, there was no collection of data from BiH justice sector institutions for the report on BiH JSRS implementation.

6.1.7 Hold MC attended by the ministers of justice, presidents of HJPC and JC BD, as well as representatives of other institutions, when necessary

x

6.1.7.1 First MC was first planned for December 2015, but it was postponed for the first quarter of 2016.

6.1.8 Strengthen skills of FWG and BiH JSRS TS members for organizing and support to MC

6.1.8.1 MoJ BiH SSPACEI as administrative-technical support to TS organized the First MC in December 2015, but it was cancelled and postponed for the first quarter of 2016.

6.1.9 Improve cooperation between MoJ BiH SSPACEI and similar units in HJPC BiH, entities and JC BD

6.1.9.1 Over the previous period, cooperation of MoJ BiH SSPACEI with similar units was improved. More intensive cooperation is expected through monitoring and implementation of the Action Plan for BiH JSRS implementation.

6.1.10 Finalize development of BiH Transitional Justice Strategy and Action Plan (AP) for its implementation

x 6.1.10.1 Beginning of updating the draft BiH Transitional Justice Strategy and AP for its implementation has been postponed due to other priority activities.

6.1.11 Establish regular communication and coordination with Directorate for European Integration (DEI) in the process of EU integration of BiH and in the matters of the EU-BiH Structured Dialogue on Justice

6.1.11.1 At DEI request, MoJ BiH has delivered information on the implementation of obligations deriving from the Stabilization and Association Agreement (SAA). 6.1.11.2 Coordinated implementation of measures in MoJ BiH in the process of EU integration of BiH was ensured. MoJ BiH representatives participated in the work of the Subcommittee on Internal Market and Competition – Subgroup for European Integration, as well as in the work of the Structured Dialogue on Justice in BiH (SD). 6.1.11.3 Previous Overview of implementation of recommendations from the SD meeting was updated.

6.1.12. Participate in the EC technical assistance programmes in the area of legislative harmonization

6.1.12.1 On the basis of the legislative activities from the MoJ BiH Programme of Work and MoJ BiH MTSP for 2015, activities have been initiated to collect and process information from BiH justice sector related to the harmonization of BiH legislation with the acquis. 6.1.12.2 and 6.1.12.3 Implementation of these activities depends on the initiative of DEI BiH.

6.1.13 Establish a database of regulations that are harmonized or need to be harmonized

6.1.13.1 On the basis of the legislative activities from the MoJ BiH Programme of Work and MoJ BiH MTSP for 2015, activities have been initiated to develop a database of regulations in BiH justice sector that need to be harmonized with the acquis.

6.1.14 Develop and adopt the AP for legislative harmonization in the justice sector area

x

6.1.14.1 There were no initiatives of DEI BiH to implement these activities.





6.1.15 Implement Uniform Rules for Legislative Drafting in the Institutions of BiH (Uniform Rules) in the MoJ BiH

6.1.15.1 There is continuous coordination of implementation of the Uniform Rules in MoJ BiH. 6.1.15.2 Report on implementation of the Uniform Rules was adopted at the CoM session, held on 6 October 2015, session of the House of Representatives of the PA BiH, held on 24 November 2015 and session of the House of Peoples of the PA BiH, held on 10 December 2015. 6.1.15.3 Working group appointed by the Minister of Justice of BiH, with the technical support of USAID project SGIP, has developed Analysis and implemented consultations related to the establishment of system and introduction of the methodology for impact assessment. According to the results of work achieved so far and conclusions of the consultation process, introducing of the methodology for impact assessment during legislative drafting will be achieved through amendments to the Uniform Rules.

6.1.16 Implement Rules for Consultation in Legislative Drafting (Rules for Consultation) in the MoJ BiH

6.1.16.1 There is continuous coordination of implementation of Rules for Consultation in MoJ BiH. 6.1.16.2 Report on implementation of the Rules for Consultation in the institutions of BiH was adopted at the CoM session, held on 21 May 2015. 6.1.16.3 Updated lists of normative-legal activities of MoJ BiH for 2015, with current status of implementation, were posted on the MoJ BiH web-site. 6.1.16.4 Web platform e-Consultations has been developed with the technical support of EU IPA project Capacity Building of Government Institutions to engage in dialogue with civil society (CBGI), which will be the central place for carrying out public consultations in BiH institutions and contain the database for consultations in legislative drafting.

6.1.17 Make analysis of needs for training of BiH justice sector staff in the area of harmonization of BiH justice sector legislation with acquis

6.1.17.1 and 6.1.17.2 Implementation of these activities depends on the initiative of DEI BiH. Within DEI BiH training programme “Learn about EU” certain number of MoJ BiH civil servants participated in the trainings related to the European integration.

6.2 STRENGTHENING OF THE CAPACITIES FOR DEVELOPMENT OF ANALYSIS AND POLICIES IN BIH JUSTICE SECTOR

6.2.1 Develop guidelines for the methodology and ways of developing policies in BiH justice sector

6.2.1.1 During implementation of USAID’s SGIP project a decision has been made to make detail analysis of regulating the impact assessment. These activities were intensively implemented throughout 2015 and they are in the final stage. On the basis of the analysis, it was determined that amendments to the Uniform Rules of Legislative Drafting in the Institutions of BiH will be made.

6.2.2 Identify sources, types and ways of collecting, access and usage of relevant information in BiH justice sector

6.2.2.1 - 6.2.2.3 Documentation system for monitoring BiH JSRS implementation will be put into function. Besides that, activities of this strategic programme were directly linked to the work of the working group for the preparation of the terms of reference – technical assistance project “Strategic planning and coordination of BiH justice sector institutions“, which was cancelled by EUD to BiH, after holding workshops and collecting comments and opinions, due to the lack of EU coordination mechanism.

6.2.3 Expand the membership of the Forum for Joint Policy of MoJ BiH and HJPC (FJP) with the interested institutions, with the possibility for further expansion of FJP membership

6.2.3.1 Members of FJP are MoJ BiH, HJPC, FMoJ and JC BD. There were no new BiH justice sector institutions interested for the membership in FJP. 6.2.3.2 Training of the members of the Working Group for impact assessment was carried out within USAID’s SGIP project.

6.2.4 Hold Thematic Conferences (TC)

6.2.4.1 - 6.2.4.5 TC were not organized in 2015, because BiH JSRS was nor adopted and there were no activities on the development of the action plan.




6.3 DONOR COORDINATION IN BIH JUSTICE SECTOR

6.3.1 Improvement of coordination and communication in BiH justice sector in determining priorities in preparation and implementation of donor projects

6.3.1.1 – 6.3.1.5 Within IPA 2012 project “Capacity building for strategic planning and enhancing the manner of coordination in BiH justice sector”, on 24 November 2015, EUD to BiH delivered a notice of withdrawal of support to the project, primarily because of the lack of a comprehensive coordination mechanism, as well as because of the existence of the project in the area of strategic planning in the public administration reform that affects the scope of activities for the following period. Framework for annual planning and exchange of information on projects in BiH was presented at the meeting of the Donor Coordination Forum, held on 23 June 2015. Regarding the needs of programming assistance form IPA funds, two coordination meetings were held, on 8 May 2015, in Sarajevo and on 22 May 2015, in Banja Luka, where the proposal of sectoral planning document was discussed. Activity is related to BiH JSRS adoption. Communication and coordination related to the donor assistance in BiH justice sector will be initiated after the establishment of FWG. 6.3.1.6 Drafts of Sectoral planning document (SPD) for the period 2015-2017 and Action Document (AD) for 2015 have been prepared. Two meetings of the sectoral working group were held. Consultations with the competent institutions, related to multi-beneficiary IPA, were carried out. Consultations on the following steps of priority harmonization were carried out within the new methodology for usage of WBIF framework.

6.3.2 Develop annual reports in the area of donor aid coordination

6.3.2.1 Report on donor aid effectiveness in BiH justice sector for 2014 was developed and published on MoJ BiH web site. Activities related to collecting of data for the Report on donor aid effectiveness in BiH justice sector for 2015 have been initiated. 6.3.2.2 Report on implementation of donor projects in MoJ BiH for 2014 was developed and published on MoJ BiH web site. The Report for 2015 was developed at the end of December.

6.3.3 Regularly update database of donor contacts, donor projects and map of donor coverage of BiH JSRS strategic programmes

6.3.3.1 Contacts database has been updated. Entries into the donor contacts database related to the change of address, telephone or web site are regularly monitored. 6.3.3.2 Projects database has been updated. All changes related to projects are regularly monitored and registered in the database. 6.3.3.3 Map of donor coverage of strategic programmes has been updated.

6.3.4 Make analysis of needs for training on DIS implementation

x

6.3.4.1 In the reporting period, there was no MoFT activity that requests the data for making Analysis of needs for staff training on DIS implementation. 6.3.4.2 Regarding the previous activity, the data of MoFT BiH for the Plan of staff training on DIS implementation were not delivered.

6.3.5 Improve human resources of SSPACEI working on donor aid tasks

6.3.5.1 In 2015, MoJ BiH SSPACEI staff attended DEI trainings related to IPA II and Project Cycle Management.



SECTOR FOR PERSONNEL, GENERAL AND FINANCIAL-MATERIAL AFFAIRS


6.4 MATERIAL – FINANCIAL AND OTHER SUPPORT TO THE MoJ BIH

6.4.1 Human resources management

6.4.1.1 Electronic database of MoJ BiH employees has not been developed, and MoJ BiH has the database of employees in Excel. HRMIS system for the institutions of BiH, implemented by Civil Service Agency of BiH (CSA), depends on its adjusting to the Law on Protection of Personal Data and on resolving the issue of HRMIS system maintenance costs. 6.4.1.2 MoJ BiH, in coordination with CSA BiH, implements Human Resources Management (HRM) project, which is aimed at improving human resources management in BiH public administration, announcement of civil servants vacancies and their implementation and professional development training of MoJ BiH staff. 6.4.1.3 Analysis of needs for amendments to the Rulebook on internal organization of MoJ BiH has been made.

6.4.2 Public relations

6.4.2.1 Receiving of requests and sending of decisions related to the free access to information are regularly carried out. 6.4.2.2 Activities and measures form MoJ BiH Medium-Term Communication Strategy (MTCS) are regularly implemented. 6.4.2.3 Activities related to the development of Annual report on MoJ BiH MTCS implementation have been undertaken.

6.4.3 Budget management

6.4.3.1 Necessary documentation has been developed for 2016 – 2018 Framework Budget Paper and coordination with MoFT has been established. 6.4.3.2 Request for the allocation of funds from the budget for 2016 to MoJ BiH was made and corrected afterwards in coordination with MoFT and operational plans by interim financing were made in accordance with the adopted and restructured MoJ BiH budget. 6.4.3.3 Monitoring, enforcement analysis and development of requests for restructuring the approved MoJ BiH budget are continuously carried out and coordinated with MoFT, as well as requests for modification of MoJ BiH capital investment structure. 6.4.3.4 Quarterly financial report on the enforcement of the approved MoJ BiH budget was made and coordinated with MoFT (three-months, six-months and nine-months reports, as well as the analytical overview of expenditures for the period from 1 January to 31 October 2015, for the audit purposes), monthly reports on the enforcement of budget and availability of funds for 2015 were made, as well as quarterly financial reports for IPA-2012 project – Support to war crimes processing. 6.4.3.5 Material-financial tasks for MoJ BiH needs were carried out on time and in coordination with MoFT. 6.4.3.6 Rulebook on the procedure of direct agreement in MoJ BiH was made (25 February 2015), as well as the Rulebook on amendments to the Rulebook on the use of mobile and official fixed telephones in MoJ BiH.

6.4.4 Public procurement

6.4.4.1 Temporary Public procurement plan, MoJ BiH Public procurement plan and amended Public procurement plan for 2016 have been made. 6.4.4.2 Necessary documentation was made for the public procurement and public procurement procedures were carried out during 2015, with the note that certain number of procurements is still in progress.




6.4 MATERIAL – FINANCIAL AND OTHER SUPPORT TO THE MoJ BIH

6.4.5 Document management

6.4.5.1 Obligation has been introduced to scan all documents that come in and out of the MoJ BiH. 6.4.5.2 Upgrading of OWIS was planned to computerize all kinds of mail in MoJ BiH, where all cases would be placed in a temporary archive, and clerks would receive cases only electronically and they would also electronically, through the system, send letters and acts for initialling and final signing. Signed act would be stored in the file in the temporary archive, and if the case is completed, it would be transferred to the MoJ BiH archive. 6.4.5.3. During 2015, MoJ BiH had constant activities of receiving, registering, signing and delivering of documentation sent to or from MoJ BiH. 6.4.5.4 Receiving and sending of MoJ BiH mail was carried out in a timely manner. 6.4.5.5 Archiving of MoJ BiH cases was carried out in a timely manner. 6.4.5.6 Decision on the appointment of the Commission for organizing and destroying of archive material, in accordance with the rules and with the consent of BiH Archive, is in the stage of preparation.

6.4.6 Administrative and technical support

6.4.6.1 General acts of MoJ BiH were drafted. 6.4.6.2 Drafting of individual acts of MoJ BiH was made on time. 6.4.6.3 Necessary reports under this strategic programme were made. 6.4.6.4 Other tasks related to the administrative and technical support to MoJ BiH were also made.



INTERNAL AUDIT OFFICE


6.5 INTERNAL AUDIT

6.5.1 Improvement of MoJ BiH work organization in accordance with the Methodology and Instruction on internal audit in the public sector

x 6.5.1.1, 6.5.1.2 and 6.5.1.3 During 2015, planned steps in the realization of this activity, related to the development of plan of individual audit, as well as audit in accordance with the audit plan, were not carried out because the head of the Internal Audit Unit was not appointed.

6.5.2 Internal audit capacity development

6.5.2.1 During 2015, assessment of the staff training needs was carried out. 6.5.2.2 During 2015, trainings were carried out in accordance with the possibilities and opportunities for training in the area of internal audit.

DETENTION UNIT OF THE INSTITUTE FOR EXECUTION OF CRIMINAL SANCTIONS


6.6 DETENTION

6.6.1 Determining standards of work of BiH prison officers

6.6.1.1 Standards of work of authorized prison officers (APO) are prescribed by the Rulebook of standard operative procedures, Rulebook on performance of security service and Rulebook on house rules in the institutions for execution of criminal sanctions, detention and other measures. In 2015, certain actions and procedures were defined and Order on admission, content, control and delivery of packages to the detained persons was made as well as Order on working hours of APO, Order on schedule of daily activities of the detained person and Decision on the use of video surveillance in the Detention Unit. The programme was completely implemented and in future it will be supplemented and changed if the needs require so.

6.6.2 Carrying out trainings of prison officers

6.6.2.1 In 2015, the following trainings were carried out: Training on Basic standard procedures (35 participants) and Training on additional skills (3 team commanders) in the organization of CoE. 6.6.2.2 Prison officers training programme for 2015 was completely carried out.

PLEDGE REGISTRY AND INFORMATISATION OFFICE Strategic programme Activity Status Achieved results in the implementation of the activity

6.7 PLEDGE REGISTRY

6.7.1 Pledge Registry management 6.7.1.1, 6.7.1.2 and 6.7.1.3 All activities are continuously carried out according to the planned intensity and services to the Pledge Registry users are provided without any difficulties.

6.7.2 Information and Communications Technology (ICT) management of MoJ BiH

6.7.2.1 Ensuring of ICT resources and continuous provision of services to MoJ BiH staff in ICT area are regular activities. 6.7.2.2 ICT Procurement Plan development is regularly carried out in MoJ BiH.

COURT POLICE


6.8 COURT POLICE

6.8.1 Define standards of work of BiH Court Police

6.8.1.1 Regarding this activity, no steps were undertaken over the previous period.

6.8.2 Training of the court policemen 6.8.2.1 Court police training plan has been developed, and training is carried out in accordance with the plan and possibilities.

OFFICE OF THE SECRETARY OF THE MINISTRY Strategic programme Activity Status Achieved results in the implementation of the activity

6.9 COORDINATION OF WORK IN MoJ

6.9.1 Coordination of work of organizational units of MoJ BiH and accountability for usage of financial, material and human resources of MoJ BiH

6.9.1.1 All activities related to the coordination of work of MoJ BiH organizational units and accountability for usage of financial, material and human resources of MoJ BiH are continuously being carried out. Collegium meeting of MoJ BiH was held at the end of December 2015.



4. PROPOSAL OF MEASURES FOR IMPROVEMENT OF THE SITUATION

In order to improve implementation of the MoJ BIH medium–term objectives of work, following measures were proposed:

1) Hold at least monthly meetings of the MoJ BiH Expert Collegium;

2) Hold at least every 15 days meetings of the Secretary and other managerial civil servants of the MoJ BiH;

3) All organizational units of the MoJ BiH are obliged to develop annual plans of work, harmonized with the MoJ BiH Programme of Work for 2016;

4) All organizational units of the MoJ BiH are obliged to submit to the Secretary of the MoJ BiH monthly reports on work in the prescribed format.

As of 31 December 2015, the revised MoJ BiH MTSP for the period 2012-2015 will cease to have effect, and, in accordance with the Decision on the procedure of the medium-term planning, monitoring and reporting in the institutions of BiH (“Official Gazette of BiH”, no. 62/14), Medium-Term Programme of Work of the Council of Ministers of BiH and medium-term plans of work of the institutions will be developed that will also contain a financial part, so that it is necessary to link the planned activities and budget for their implementation.

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