BOSNIA AND HERZEGOVINA COUNCIL OF MINISTERS

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1 BOSNIA AND HERZEGOVINA COUNCIL OF MINISTERS REPORT ON PROGRES IN IMPLEMENTATION OF REMAINING AREAS OF THE ROADMAP FOR VISA LIBERALISATION Sarajevo, 25 June 2010

2 Report on implementation of the revised Action Plans and legal framework for the fight against organized crime is attached in Annex I. Specialized training and further developing investigative means and intelligence-led investigations Twenty-four officers of the State Investigation and Protection Agency (SIPA) successfully completed on 25 April 2010, an intensive training in undercover operations and arrests, organized with the help of the International Criminal Investigative Training Assistance Program (ICITAP). Jim Sweeting who led the training has 23 years of experience in undercover work. During the ceremony where SIPA officers were awarded certificates of training completion, special emphasis was placed on the importance of close cooperation between undercover operatives and the Support Unit. The Indirect Taxation Authority (ITA) of Bosnia and Herzegovina hosted the launch of a training programme on 26 April 2010, in Banja Luka for ITA members and Border Police officers in the usage of specialist equipment donated by the United States government. The training, which is

3 set to last for five days, comprises of both theoretical and practical aspects. The practical aspects will be implemented at border crossings during four days in Brod, Izačić, Hukića Brdo and Novi Grad, while the theoretical aspects carried out in Banja Luka. This special equipment will be of extreme importance for ITA employees, who since 2005, when ITA was founded, have prevented attempts of illegally importing different sorts of goods worth over 27 million KM. The seminar was opened by George Levicky, program manager of Export Control and Related Border Security Assistance (EXBS) as part of the US State Department s International Bureau for Security and Prevention of Armament. The training programme was headed by Larry Adkins, EXBS Programme Instructor. Over the last five years, the US government has donated 2.5 million KM worth of specialist equipment to the ITA as part of the EXBS program. During period April 2010 SIPA hosted a seminar for police officers and prosecutors on cooperation and subordination between police and prosecutor in investigation of organized crime. SIPA police officers attended course on fight against organized crime held in Ankara, Turkey between 26 April and z May In cooperation with French Ministry of Interior a seminar for police officers from different agencies has been conducted in Sarajevo between 12 and 15 April 2010 in relation to the fight against human trafficking and smuggling of migrants. In cooperation with the EUPM, the RS MoI has organised a six-day training for 36 officers of the RS MoI s and the FMoI s Special Police Unit and SIPA s Special Support Unit in Banja Luka. The training aims to prepare the BiH officers for the most difficult and responsible tasks. Besides the exchange of experiences and knowledge within the security structures, the BiH officers received training from German experts in operational techniques and self-defence.

4 A project aimed at enhancing cooperation between the border police of Serbia and Bosnia and Herzegovina, which was successfully implemented from October 2009 to May 2010, was presented during May in Sarajevo. The project was managed by the International Organisation for Migration (IOM) in Sarajevo and Belgrade, while the British Embassy in Bosnia and Herzegovina donated the funds. 120 border police officers from both countries underwent training during the project implementation and a manual on joint border police patrols was created for the first time. During May 2010 the Regional Criminal Procedure Code Seminar and Training held in Sarajevo. It was organized by the International Criminal Investigation Training Assistance Programme (ICITAP). The seminar was attended by candidates from 5 countries from the region (investigators and prosecutors from Serbia, Macedonia, Montenegro, Croatia and Bosnia and Herzegovina) and SIPA representatives from Bosnia and Herzegovina. The aim of the training was to prepare officers and prosecutors from different countries to cooperate in so called joint investigation teams. Activities during the training included processing a crime scene, gathering evidence and witness statements, identifying suspects and arresting them, the drafting and execution of search warrants. EUPM assessed the training as an excellent example of the efficiency of working in a partnership. European Union Police Mission (EUPM) organized from June 6 until June 12 a study tour to Finland in an effort to improve the capacities inside the authorities responsible for the reform of prison system in Bosnia and Herzegovina. The study tour hosted officials from the Ministry of Justice and the prison, provided access to the control and inspection processes in different types of prisons, including the institution with the strictest security and forensic psychiatry. The study was focused on the Finnish system of prison stuff employment and training of uniformed police, the risk assessment and treatment of certain vulnerable groups, such as drug addicts. An international conference Corruption: Prevention and Institutional Suppression, organized by the Faculty of Criminology and Security Studies of the University of Sarajevo has taken place on 20 May, Questions and expertise regarding the fight against corruption have gained

5 significant prominence in academia, a development that is assessed positively. In cooperation with the Austrian MoI, the BiH Ministry of Security organised a presentation of the Police Cooperation Convention for SE Europe on 15 June 2010 in Sarajevo. The aim of the presentation was to inform representatives of the police structures, judicial institutions, and students of the University in Sarajevo about the Convention s regulations and significance. During 2010 Police of Brčko District trained 11 police officers for fight against organized crime through following trainings: Investigation of financial crime; Fight against organized crime, illegal drugs trafficking, trafficking in human beings; Financing of terrorism and money laundering; Special investigation of drugs trafficking; Police officers and prosecutors from different police and prosecutorial bodies during 2010 have participated in bellow TAIEX organized events: Police officers from Law Enforcement Agencies of Bosnia and Herzegovina participated in two regional seminars and workshops aimed to strengthen capacities in fight against organized crime through Intelligence Leads Policing (Stubicke Toplice in Croatia April 2010 and Montenegro June 2010). Event type Date Name EU Legislation JHA Workshop for Police and Prison Directors JHA Study Visit on Prison service IND/STUD Institutional Capacity development JHA IND/STUD JHA IND/STUD JHA JHA IND/EXP Study Visit on Witness and Victim Protection Study Visit on cooperation in criminal matters and police education Interpol Workshop on Techniques for Investigating and Identifying Stolen Motor Vehicles Expert Mission on the Assessment of the Judiciary in BiH Police and judicial cooperation in criminal and customs matters 23 Judiciary and fundamental rights 24 Justice, freedom and security Police and judicial cooperation in criminal and customs matters Police cooperation 24 Justice, freedom and security Police and judicial cooperation in criminal and customs matters 23 Judiciary and fundamental rights

6 JHA IND/STUD JHA IND/STUD JHA JHA IND/EXP JHA JHA IND/STUD JHA JHA JHA IND/EXP JHA IND/STUD Study Visit on THB and illegal migration - EU experiences - part two Study Visit on THB and illegal migration - EU experiences Workshop on Contemporary Models of Police Education Expert Mission on Witness and Victim Protection Workshop on the Implementation of Articles 14 & 15 of the Police Co-operation Convention for SEE study visit on the Law on Political Party Financing Seminar on Financial Crime and its Investigation Workshop for the Implementation of the Co-operation Agreement between Europol and BiH Expert Mission on Witness and Victim Protection Study Visit on Legislation and Organisation in the Area of Police Affairs 24 Justice, freedom and security 24 Justice, freedom and security Police cooperation 24 Justice, freedom and security Free movement of persons Police and judicial cooperation in criminal and customs matters 24 Justice, freedom and security Police and judicial cooperation in criminal and customs matters 24 Justice, freedom and security 24 Justice, freedom and security Police and judicial cooperation in criminal and customs matters 24 Justice, freedom and security 24 Justice, freedom and security Free movement of persons Police and judicial cooperation in criminal and customs matters Police and judicial cooperation in criminal and customs matters Police officers and prosecutors from different police and prosecutorial bodies during 2010 have participated in bellow regional events organized by TAIEX: Event type Date Name EU Legislation JHA Seminar on Enhancing Police Cooperation in Southeast Europe Police and judicial cooperation in criminal and customs matters JHA Seminar on Combatting Terrorism, Money Laundering & the Financing of Terrorism 24 Justice, freedom and security Police and judicial cooperation in criminal and customs matters JHA JHA IND/EXP JHA JHA Regional Seminar on Fake Travel Documents 24 Justice, freedom and security Police and judicial cooperation in criminal and customs matters Preparing workshops on combating corruption 24 Justice, freedom and security Multicountry Workshop for Undercover Agents 24 Justice, freedom and security Regional Workshop on IPR crime 24 Justice, freedom and security Regional Workshop on Special JHA Investigation and Prosecution of Drug-Related Crime 24 Justice, freedom and security JHA Workshop on Regional Cooperation in the Field of Asset Recovery Police and judicial cooperation in criminal and customs matters JHA Workshop on civil liability of 24 Justice, freedom and security

7 JHA JHA prosecution services and of individual prosecutors Workshop on Dealing with Conflict of Interests and Assets Declarations Workshop on fighting against organised crime Police and judicial cooperation in criminal and customs matters 24 Justice, freedom and security Additional information on trainings provided are available in the Report on implementation of the EU funded project Assistance to the Ministry of Security, Ministry of Foreign Affairs, Ministry for Human Rights and Refugees and other competent authorities in effectively managing migration (Annex III). Availability of adequate financial means to specialized units in the fight against organized crime and corruption Adequate financial means are available to specialized units in all police agencies in the fight against organized crime. Budgets for 2010 of the ministries and police agencies are as follows: Ministry of Security BAM ( for land and construction works and for purchase of equipment and its maintenance) State Investigation and Protection Agency BAM ( for construction works and for purchase of equipment and its maintenance) Border Police BAM ( for construction works and for purchase of equipment and its maintenance) Service for Foreigners Affairs ( for construction works and for purchase of equipment and its maintenance) Agency for Forensics ( for purchase and maintenance of equipment). Agency for police education and training ( for land and construction works and for purchase and maintenance of equipment)

8 Agency for Police Support ( for purchase and maintenance of equipment) Ministry of Interior of Republika Srpska ( for purchase, renting and maintenance of equipment) Federal Ministry of Interior ( for purchase, renting and maintenance of equipment) Council of Ministers of Bosnia and Herzegovina, based on the proposal of the Ministry of Security, on its 120 th session held on 20 April 2010 has made a decision on allocation of the funds from budgetary reserves of the Budget of the Institution of Bosnia and Herzegovina for 2010 and approval of the structure of the Budget of the Directorate for Coordination of Police Bodies of Bosnia and Herzegovina. By this Decision Council of Ministers has allocated BAM for the Directorate during In addition, 10 Cantonal ministries of interior have its own appropriate budgets as well as Brcko District). All police agencies have available funds for special purposes like purchase of information and other costs related to investigations. Through implementation the EU funded project Assistance to the Ministry of Security, Ministry of Foreign Affairs, Ministry for Human Rights and Refugees and other competent authorities in effectively managing migration additional equipment for police agencies will be provided. On 6 May 2010 Border Police of Bosnia and Herzegovina received a donation of 80,000 U.S dollars worth of equipment within the scope of the EXBS program for control of arms exports and border security in Bosnia and Herzegovina. At the ceremony held at the Border Police Head Office premises in Sarajevo, Mr. George Levitsky, Regional Adviser for the EXBS programme within the U.S. Government International Security Bureau, handed over the equipment which will be used to effectively prevent illegal

9 migration and detection of all types of smuggled goods. A number of trainings for the use of this equipment have been provided. Strengthening of Human Resources in Police Agencies All police agencies recruit new officers and train them in line with dynamic plans of recruitment. In the Reporting period State Investigation and Protection Agency increased its staffing percentage to around 70%. On 17 June 2010 Border Police promoted new generation of police officers. That day 120 new police officer started their work with Border Police. In the reporting period Border Police recruited additional four civil servants. Police of Brčko Districk has recruited 12 police officers in order to improve capacities of Criminal Police Unit for investigation. New officers are recruited in Section for Criminal Inteligence Support and Section for fight against drugs and organised crime as well as in uniformed police. Federal Police Administration in june 2010 recruited additional 12 investigators who acomplished police training on Police Academy and started to work in Criminal Police Departement. The Board of Police Directors meet regularly discussing all issues related to the improvement of operational cooperation between law enforcement agencies in the fight against organized crime and corruption including exchange of intelligence amongst different agencies. Last meeting held on 31 May Minutes from the last meeting of the Board of Police Directors is attached in Annex IV. Board of Police Directors has created two operational teams which are already operational and providing first results in fight against organized crime. One of the teams is created for fight against organized car thefts criminal groups. Another team is created for prevention of possible terrorist activities.

10 On the daily, operational level, all police agencies do cooperate and exchange information and intelligence. The results of such cooperation and exchange are visible in the list of investigations conducted (see part: Reporting on investigative and judicial activities). Border Police on daily basis submit information and intelligence related to the crossing of the border of certain people. Border Police submit such data to the State Investigation and Protection Agency, to Federal MoI and RS MoI. For example during May 2010, 56 such data have been exchanged. An example of the daily exchange of information and intelligence is the 2009 Annual Report on activities of Crime Hotline Team, of the State Investigation and Protection Agency, Crime Investigation Department, Section for Crime-intelligence matters which is attached to this Report in Annex V. The Agreement on Cooperation between Police Agencies and Penal Correctional Institutions of Bosnia and Herzegovina has been signed in Sarajevo on 11 June The agreement on cooperation represents a step forward in advancing the information flow between the relevant institutions rendering assistance while executing joint tasks and mutual training. EUPM has actively supported this process and welcomed such developments. Although there is a good cooperation between the services, the agreement enables formal establishment of security boards in the prisons to share the existing information between the services. Furthermore, the services also agree about joint training and education in order to improve mutual understanding and knowledge. EUPM will continue to assist the relevant local authorities in improving and facilitating cooperation in this area. Additional information on initiatives to reinforce systematic cooperation and exchange of information and intelligence between different agencies are available in the Report on implementation of the EU funded project Assistance to the Ministry of Security, Ministry of Foreign Affairs, Ministry for Human Rights and Refugees and other competent authorities in effectively managing migration (Annex III).

11 Parliamentary Assembly of Bosnia and Herzegovina on its session held on June 24, 2010 appointed Acting Director of the Agency for Prevention of the Corruption and Coordination of Activities on Fight Against Corruption. Report on implementation of the Action Plan on the fight against corruption is attached in Annex II. Investigative activities: 13 April Acting on information provided by the Border Police, East Sarajevo Public Security Centre (PSC) officers searched three locations in Pale, arresting three persons and seizing eight kilograms of cannabis skunk. The arrestees are handed over to East Sarajevo District Prosecutor's Office for further processing. The action was conducted as part of the larger police operation Network 2010, which began last year. According to Border Police, the perpetrators had been planning to smuggle the drugs across the border. Both agencies expressed their satisfaction with the level of cooperation in this operation. 15 April 2010 Continuing the activities on prevention and combating drug trafficking in the region, Trebinje Police Support Unit and Bileća Crime Police searched several facilities and a vehicle in Bileća municipality, confiscating fifteen kilograms of skunk cannabis and arresting one person. After the interrogation, the suspects are handed over to the Prosecutor s Office in Trebinje for further processing. 19 April 2010 On the order of the Bosnia and Herzegovina Prosecutor s Office Special Department for Organized Crime, Economic Crime and Corruption, State Investigation and Protection Agency (SIPA) searched a

12 number of locations in Trebinje area, seizing 30 kilograms of cannabis skunk and arresting four persons. The drugs, smuggled from Montenegro to Bosnia and Herzegovina, had been intended for Croatia and European Union countries. The arrestees have been handed over to Bosnia and Herzegovina Prosecutor's Office for further processing. The operation continues. 26 April 2010 Based on the information unearthed during an investigation, Ljubinje police found and seized 15 kilograms of skunk cannabis thrown out of a vehicle on the M-16 road near village Bančići. Police officers from Trebinje Public Security Centre arrested one person in connection to this case. As a result of our investigation, it was determined that there is reasonable suspicion that the suspect is connected with the illegal production and trafficking of illicit narcotics. Following an investigation into the offences, a report against the suspect will be submitted to the Prosecutor's Office in Trebinje. In the last four months, Trebinje Public Security Center officers filed twelve reports against fourteen persons suspected of committing criminal offenses related to misuse of drugs. During that period, police found and confiscated 52.5 kilograms of marijuana, half a kilogram of heroin and seventy grams of the amphetamine speed. During the past four months, police from Trebinje together with their counterparts from Stolac, seized another ten kilograms of skunk, while eight kilograms of the drug were confiscated at the end of last year. Anti-product piracy operation The State Investigation and Protection Agency (SIPA) conducted a search of 14 locations in the wider area of Herzegovina where they found and confiscated 41,567 counterfeit CDs and DVDs, alongside a large quantity of computers and CD burners used for counterfeiting. On the orders of the BiH Court, SIPA conducted the operation in coordination with Herzegovina-Neretva and West Herzegovina cantonal Ministries of Interior, and Trebinje Public Security Centre. Business premises and residences in Mostar, Trebinje, Posušje, Široki Brijeg and Grude were searched as part of the operation. The majority of the pirated CDs and DVDs (10280 copies) were discovered at a house in

13 Mostar, where police found a computer, four CD burners, a monitor, scanner, printer, processor and nine hard disks. SIPA police officers will file a report to the Bosnia and Herzegovina Prosecutor's Office for violation of copyright laws against the ten persons in possession of the counterfeit audio/video CDs/DVDs and copying equipment. The suspects had been selling the counterfeit goods in Herzegovina market places, on the streets and the M-17 motor way. 11 May On the order of Bosnia and Herzegovina Prosecutor's Office Special Department for Organized Crime, Economic Crime and Corruption, police searched several locations in Tuzla, Zvornik and Central Bosnia and arrested ten persons suspected of organized smuggling of illegal emigrants. The joint operation of Federation Police Administration (FPA), Republika Srpska (RS) Police, and Tuzla and Central Bosnia cantonal ministries of interior began at 6 o clock this morning. The arrestees are suspected of smuggling of migrants in 2009 and 2010 to France and Switzerland for a fee of 1,500 Euro per person. The prosecutor in charge will question the suspects and the investigation will determine the exact number of people smuggled. Continuation of operation Network - On 15 May, following exchange of information and intelligence gathered and as part of the ongoing operation Network 2010, PSC Bijeljina officers seized 1.9 kg of substance resembling heroin and arrested two persons. This seizure is significant in the fight against cross border drug trafficking since both suspects are citizens of Serbia. Operation Trebisnjica - On 25 May, based upon an order issued by the State Prosecutor s Office, Republika Srpska, Federation, Canton 1, 7 and 8 (Bihac, Mostar) and Ljubuski) police conducted an operation code named Trebisnjica aimed at an organized crime group suspected of being involved in illegal trafficking of weapons and military equipment and illegal drug trafficking from Montenegro to Bosnia and Herzegovina and further to Croatia. Fifty three locations in Trebinje, Berkovici and Bileca in Republika Srpska as well as Stolac, Grude and Velika Kladusa in the

14 Federation were searched and 39 suspects were arrested. Five suspects remain at large and arrest warrants against them have been issued. Prior to operation, the police seized 30 kg of Skunk, 539 grams of heroin, five pistols and other items. Croatia and Montenegro also provided assistance. Operation Fox On 20 May, based upon an order issued by the State Prosecutor s Office, an operation code named Fox was carried out in Tuzla (Canton 3), Bijeljina, Brcko and Doboj aimed at two organized crime groups suspected of being involved in international drug trafficking from Kosovo to Serbia, Croatia and Bosnia and Herzegovina. In total, 103 locations were searched and 61 suspects were arrested including four police officers who were immediately suspended from duty. During the searches, approximately 9 kg of substance resembling heroin, a detonator, various bullets, six anti-tank mines, forged documents and other items were seized. Twelve suspects are at large and the central arrest warrant was issued against them. Close cooperation took place with police from Croatia and Serbia as targeted organized crime groups from Bosnia and Herzegovina operated with organized crime groups from abroad. Operation against crime in Grude (Canton 8) - On 24 May, based on the Prosecutor s order Canton 8 police deployed 100 officers to search 17 locations in Grude municipality targeting persons believed to be involved in various criminal activities such as illegal weapons, explosives, stolen vehicles and narcotics. Police seized two rifles and 15 vehicles, suspected of being stolen. SIPA seizes 30 kg of skunk, arrests eight persons in Stolac and Capljina on 7 June, State Investigation and Protection Agency (SIPA) officers arrested eight persons in Stolac and Capljina and seized around 30 kilos of skunk. The approximate street value of the drugs seized is Operation which SIPA conducted in cooperation with Herzegovina-Neretva and West Herzegovina MoIs targeted international drug traffickers and that two arrestees are the citizens of Montenegro. Acting President of the HDZ 1990 political Party Youth has been arrested, as well as Stolac Secondary School teacher, Capljina Police Station crime inspector, a person from Banja Luka, and two citizens of Montenegro.

15 Officers of Herzegovina-Neretva Canton (HNC) Crime Police s Special Support Unit searched an apartment in Mostar last night arresting one suspect, and seizing about 500 grams of heroin and a small quantity of cocaine. In its Monthly Report May 2010, Reporting Period: 1 31 May 2010, Monthly Report # 05/10 European Union Police Mission to Bosnia and Herzegovina has recognized successful operations tackling drug related crimes. The report says following: Drug seizures - During the reporting period, various BiH law enforcement agencies seized approximately 60 kg of Skunk and 11.4 kg of heroin through successful operations tackling drug related crimes. The operations code named Trebisnjica, Fox (Kodzaga) and Prenj 1 were carried out throughout BiH. A number of suspects were arrested including several police officers and allegedly one politician. Also, as a part of the ongoing operation Network 2010 which commenced in February 2010 (See MAR 02/10), the police continued their activities resulting in further drug seizures. Close cooperation took place with police from Croatia, Serbia and Montenegro as targeted crime groups from Bosnia and Herzegovina operated with crime groups from abroad. The investigations, operations as well as the cooperation, between various LEAs have been performed in a very professional manner in accordance with best European Police standards. Since January 2010 to date, further confirmations of the level of police professionalism were proven by entity and state law enforcement agencies (LEAs), and all anti drug operations represented an additional blow for criminal organizations involved in drug trafficking in BiH. Approximately 306 kg of marijuana/skunk, 22, 5 kg of heroin, 2, 55 kg of cocaine and 754 grams of Speed were seized all over BiH in the past five months. According to the Montenegro police there is a large amount of drugs, namely skunk and marihuana, in Montenegro waiting to be smuggled out of the country. This has been substantiated the drug seizures.

16 The RS MoI launched four large scale operations code named Network 2010, Tranzit, Trebisnjica and Fox (Kodzaga) in February and May Also, SIPA and Border Police (BP) demonstrated a good level of cooperation which resulted in significant drug seizures. EUPM closely monitored and advised on a case of a controlled drug delivery to Sarajevo. Acting upon information received from the German Customs authorities, SIPA conducted the operation in Sarajevo and seized 2 kg of pure cocaine which was sent from Paraguay via Frankfurt to BiH. Sarajevo police also continued in their determination to keep the pressure on drug networks seizing approximately 9 kg of heroin and 0, 5 kg of cocaine. EUPM will continue to monitor and advise LEAs in their fight against drug related crimes. 21 cases since January /01/ Sarajevo MoI Canton 9-6 kgs of heroin 20/01/ FMoI and Canton kgs of marijuana 26/01/ Sarajevo MoI Canton 9-3,5 kgs of heroin - 0,5 kg of cocaine 02/02/ RS MoI - Brcko Police - 1,2 kgs of marijuana grams of drug speed - 44 grams of heroin - 50 grams of cocaine 14/02/ RS MoI - Brcko Police - 1,5 kgs of heroin 18/02/ RS MoI - Brcko Police - 6,2 kgs of skunk 26/02/ PSC Trebinje BP - 8 kgs of marijuana 29/03/ MoI Canton 1 - Marijuana laboratory 31/03/ SIPA - German customs - 2 kgs of pure cocaine 06/04/ SIPA BP kgs of skunk grams marijuana 12/04/ RS MoI - Brcko Police - 8 kgs of skunk 13/04/ PSC Trebinje - 23 kgs of skunk 19/04/2010 SIPA - 30 kgs of skunk 24/04/ PS Lubinje - 15 kgs of skunk 26/04/ BP Trebinje - 10 kgs of skunk 22/04/ Brcko police - 3 kgs of marijuana 15/05/ PSC Bijeljina - 1,9 kgs of heroin 25/05/ RS MoI - Cantons 1, 7, 8 FmoI - 30 kgs of skunk grams of heroin

17 20/05/ RS MoI - Cantons 3 - PSC Doboj and Bijeljina - Brcko police - 9 kgs of heroin 07/06/2010 SIPA 30 kgs of skunk 12/06/2010 HNK MoI 0.5 kg of heroin Judicial activities The leader of a criminal group sentenced to 20 years of imprisonment On 16 April the Bosnia and Herzegovina State Court brought the first instance verdict convicting ĐorĎe Ţdrale to 20 years of imprisonment for the murder of Ljubisa Savic Mauzer, former head of Republika Srpska Police Administration, in Zdrale is believed to have been the head of an organized crime group in East Sarajevo- one of the strongest in Bosnia and Herzegovina. He also had connections with Serbia s prominent criminals. He was arrested on 17 January 2009 in Germany and was in possession of a forged Croatian passport. His arrest was based upon an international arrest warrant issued by the Bosnia and Herzegovina State Court. On 12 February 2009, Djordje Zdrale was extradited from Germany and arrived at Sarajevo under armed escort (Border Police) from Frankfurt. EUPM assesses the first instance verdict against ĐorĎe Ţdrale for the crime committed proves the determination and ability of the criminal justice system to handle the most serious crime cases and the effectiveness of the Court of Bosnia and Herzegovina. HoM stated to the media that this result was only possible thanks to close communication, coordination and cooperation among police and prosecutors. The case has shown that police are able and willing to conduct a complex criminal investigation together with prosecutors who have shown confidence to address all forms of crime. I would like to congratulate them and the judges for their courage and resolve! Tuesday, 27 April 2010, In the Mario Jukić et al. case No.X-KŢ-08/566-2 case the Court sent the Appeals Verdict dismissing as unfounded the Appeal by the Prosecutor s Office of BiH and the Appeal by the Defense of the Accused, and upheld Trial Verdict of 28 January The Trial Verdict found the Accused Jukić guilty of having committed the criminal offences of illicit trafficking in narcotic drugs and obstruction of justice for which a

18 compound punishment of six years imprisonment was imposed on him. The ill-gotten proceeds in the amount of EUR ,00 shall be confiscated from the Accused. Tuesday, 27 April 2010, The Appellate Panel of the Section II for Organized Crime, Economic Crime and Corruption of the Court pronounced the second-instance Verdict in the Sedinet Karić et al. (KPŢ- 44/05) case. By this Verdict the accused in this case: Sedinet Karić, Senida Karić, Mehmed Salkić, Amira Zahirović, Eldar Malinić, Besim Jahik and Novalija Zukić were found guilty of the continued criminal offence of Tax Evasion. In that regard the Court sentenced the accused Sedinet Karić to five years of imprisonment and fined him with BAM 50, The Court also seized the ill-gotten goods from the accused Sedinet Karić in the amount of BAM ,55; accused Senida Karić was sentenced to one year of imprisonment and fined with BAM 20, KM; accused Amira Zahirović was sentenced to two years of imprisonment and fined with BAM 20,000.00; accused Mehmed Salkić was sentenced to three years and six months of imprisonment and fined with BAM 30,000.00; accused Novalija Zukić was sentenced to two years and six months of imprisonment and fined with BAM 20,000.00; accused Besim Jahik was sentenced to three years and fined with BAM 25,000.00; accused Eldar Malinić was sentenced to a compound punishment in the duration of five years of imprisonment and fined with BAM 30, The Court issued the Decision ordering the accused Sedinet Karić into custody that starts to run on the day of the arrest of the accused and may last until his committal to serve the sentence but no longer then the imposed sentence term. Tuesday, 27 April 2010, Upon consideration and acceptance of the Plea agreement concluded between the Prosecutor's Office of BiH and the accused Miodrag Ateljević, the Court pronounced the Verdict in the Miodrag Ateljević (X-K-08/645) case finding the accused Ateljević guilty of the criminal offence of Organized Crime in conjunction with the continued criminal offence of Illicit Trafficking in Narcotic Drugs. In that regard the Court sentenced the accused Ateljević to four years of

19 imprisonment. The Court also seized the ill-gotten goods from the accused Ateljević in the amount of EUR 2.500,00. The Court issued a Decision extending the custody of the accused Ateljević. Pursuant to the Decision the custody may last nine months the longest. Wednesday, 28 April 2010, In the Fadil Jaganjac (X-K-08/493) case the Court pronounced the first-instance Verdict finding the accused Fadil Jaganjac, high official of the Border Police, guilty of the continued criminal offence of Abuse of Office or Official Authority. In that regard the Court sentenced the accused Jaganjac to 5 months of imprisonment. Thursday, 29 April 2010, In the Drago Marić et al. (X-K-08/594) case the Court confirmed the Indictment charging Drago Marić with the criminal offence of Money Laundering, while Slobodan Ţupljanin, Drago Vukliš, Ban Oršolić and Milivoje Miličević are charged with the continued criminal offence of Tax Evasion and Miloš Milanović is charged with the criminal offence of Tax Evasion. Friday, 7 May 2010, The Court confirmed the Indictment in the Deni Stanković et al. (X-K-09/675) case charging the accused Deni Stanković, Armin Priganica and Edis Dţambić with the criminal offence of Associating for the Purpose of the Perpetrating Criminal Offences under Article 249(2) of the CC BiH in conjunction with the criminal offence of Counterfeiting of Money. Monday, 10 May 2010, The Court rendered the first-instance Verdict in the Salih Alibašić et al. (X-K-07/436) case by which the accused Salih Alibašić, Ţeljko Karanović and Đulzara Hozanović were found guilty of the criminal offence of Organized Crime in conjunction with the criminal offence of Smuggling of Persons. The accused Đulzara Hozanović was also found guilty of the criminal offence of Money Laundering. Consequently, the Court sentenced the accused Alibašić to 11 years imprisonment, while it imposed suspended prison sentences on the accused Karanović and

20 Hozanović. The Court determined the prison sentence of 11 months for Karanović which shall not be executed unless the accused commits a new criminal offence within five years from the date of finality of the Verdict and a compound prison sentence of 20 months for the accused Đulzara Hozanović which shall not be executed unless the accused commits a new criminal offence within five years from the date of finality of the Verdict. Wednesday, 2 June 2010, ein the Jasko Šabić (X-K-10/949) case the Court confirmed the Indictment charging the accused Šabić with the criminal offence of Giving Gifts and Other Forms of Benefits. Additional information: 1. United States State Department Trafficking Report for 2010, published on 14 June, as a report on specific kind of organized crime - Trafficking in Human Beings, placed Bosnia and Herzegovina in Tier 1. Of the enlargement countries only two are tier 1 Bosnia and Herzegovina and Croatia. This means Countries whose governments fully comply with the Trafficking Victims Protection Act (TVPA) minimum standards;. 2. Bosnia and Herzegovina Security Minister visited INTERPOL on June 8, After the meeting with Secretary General, INTERPOL issued Press Release which among other stressed following: - In April 2008 Bosnia and Herzegovina was among the first countries to expand access to INTERPOL s databases beyond the country s National Central Bureau, enabling officers at border checks points to carry out instant checks against INTERPOL s Stole and Lost Travel Documents (SLTD) database, which now includes more than 21 million entries from some 150 countries, as well as against its Stolen Motor Vehicles (SMV) database. - Bosnia and Herzegovina is one of 21 countries in Europe, including 12 in Shengen having installed the INTERPOL technology enabling border checks against the SLTD, and is one of the highest users of

21 the system carrying out nearly 1.2 million queries, generating 217 hits in the first six months of 2010 alone. - Out of INTERPOL s 188 member countries, Bosnia and Herzegovina is the sixth highest user of INTERPOL SMV database, and the 17 th highest user of its SLTD database. - Bosnia and Herzegovina is not only one of the leading countries in Europe in preventing dangerous criminals from using fraudulent travel documents and stolen motor vehicles to cross borders but also one of the leading countries in the world and it is therefore to be commended for its leadership said the head of INTERPOL. - Bosnia and Herzegovina also supports INTERPOL s project BESA which targets organized crime groups in South East Europe and which resulted in March this year in the arrest of five men and the seizure of more than six kilos of heroin in the Former Yugoslav Republic of Macedonia.

22 Adoption and starting implementation of internal rulebook of the Police Cooperation Directorate Ministry of Security submitted Draft of the Rulebook of the Police Cooperation Directorate together with positive opinions of the ministries of justice and finance and Office for legislation. Rulebook is on the Agenda of the Council of Ministers for the next session on July 1, 2010 when its approval is envisaged. Progressive recruitment of staff in the Police Coordination Directorate After approval of the Rulebook of the Police Coordination Directorate Ministry of Security, State Investigation and Protection Agency and Border Police will immediately transfer 18 police officers and civil servants to the Directorate in order to support full establishment of the Directorate. Ministry of Security is going to transfer staff of the IT Sector and National Operational Center to the Directorate for Coordination of Police Bodies immediately after approval of the Rulebook of the Directorate. Ministry of Security is going to transfer staff of the NCB Interpol to the Directorate for Coordination of Police Bodies immediately after approval of the Rulebook of the Directorate.

23 State Investigation and Protection Agency is going to transfer staff of the Unit for Protection of VIPs to the Directorate for Coordination of Police Bodies immediately after approval of the Rulebook of the Directorate. Allocation of premises to the new Directorate Management of the Directorate has rented the premises of the Directorate. Ministry of Security is going to transfer premises of the National Operational Center and all available equipment to the Directorate for Coordination of Police Bodies which will be used for accommodation of all IT and communication equipment of the Directorate. Ministry of Security is going to transfer premises of the NCB Interpol Sarajevo with all available equipment to the Directorate for Coordination of Police Bodies which will be used for accommodation of the unit for international police cooperation of the Directorate. State Investigation and Protection Agency is going to transfer premises and equipment available of the Unit for Protection of VIPs to the Directorate for Coordination of Police Bodies. Preparations for future connection to the exchange server of the signatories of the Agreement Ministry of Security during previous years has established National Operational Centre which has all necessary communicational and other preconditions for hosting of all security databases and exchange of data with all police and prosecutorial agencies. Centre is going to be transferred to the Directorate for Coordination of Police Bodies which will continue with establishment and development of the system for electronic exchange of data between police and prosecutors. Some of the databases envisaged to be a part of the future system are already established, functional and on

24 disposal to all police and prosecutor organizations, like Database on Foreigners. During reporting period the electronic data exchange system on fugitives has been developed and is fully functional between police agencies. Entire legal framework, primary and secondary, needed for establishment of the Data Exchange System is enacted by competent institution at all levels of the authorities. Ministry of Interior of Republika Srpska so far has developed five out of six databases which will be part of the future Electronic Data Exchange System. MoI of Rebublika Srpska currently is working on development of the last Database on Criminal Acts Committed and application for this Database. After the development of the applicative software, testing period and adoption of the Instruction Manual it is envisaged that this last database will be functional as of 1 August MoI of Republika Srpska has developed and started using application for the System for Exchange of Data. MoI of Republika Srpska will be ready to start with full implementation of the Agreement on establishment of the Electronic Data Exchange between police and prosecutors in the beginning of August Administrative and technical team of the Federal Ministry of Interior and Cantonal Ministries of Interior during reporting period has established Federal Network Operational Centre (FNOC) where applicative servers, database servers and Data Exchange server are located. FNOC is connection point for all Cantonal Ministries of Interior. During reporting period Federal administrative and technical team has developed and established two databases (stolen cars and fugitives). Currently team is working on development of the remaining databases. Federal MoI has produced Implementation Study, a document in which all needed steps for full implementation of the Agreement are planned.

25 Police of Brčko District so far has developed two out of six databases which will be part of the future Electronic Data Exchange System. Police of Brčko District currently is working on development of the last Database on Criminal Acts Committed and application for this Database. At the last Coordination meeting between chief prosecutor and director of police agencies in Bosnia and Herzegovina held on 31 May 2010 following conclusion related to the electronic exchange of data between police and prosecutors have been agreed: 1. By the end of the week (4th June 2010), all police agencies as well as High Judicial and Prosecutorial Council will address to MoI of RS with the request for technical assistance in establishing data base. 2. Within 15 days, Police agencies must appoint administrators. 3. For the next meeting, following will be prepared: - ICITAP will create chronological overview of the events so it will be clear that every agency was approached about their needs and that everything was synchronized. - For the next meeting, team of engineers will prepare presentation of CIDA implementation, on the level of police agencies and HJPC, with realistic deadlines, finances, and also to present its capabilities. - Further, MoS will, in coordination with ICITAP for next meeting prepare changed annex of the agreement so they could include SFA and Directorate for Coordination. Detailed report on implementation of Action plan for establishment of electronic data exchange system between police and prosecutors is attached in Annex VI.

26 Assembly of Brcko District on its session held on June 16, 2010 adopted the Law on Amendments to the Criminal Code of the Brcko District of Bosnia and Herzegovina. The Law is now harmonized with the BiH Criminal Code. Assembly of the Republika Srpska adopted the Law on Amendments to the Criminal Code of Republika Srpska in first reading. Second reading and final adoption is envisaged at next session of the Assembly in first week of July. Ministry of Justice of the Federation of Bosnia and Herzegovina prepared the text of the amendments to the Criminal Code of the Federation of Bosnia and Herzegovina and submitted to the Government of the Federation for approval and submission to the parliamentary procedure. Approval and submission is envisaged for this or next week.

27 ANNEX I BOSNIA AND HERZEGOVINA MINISTRY OF SECURITY ANALYSIS OF DEGREE OF IMPLEMENTATION OF ACTION PLAN FOR IMPLEMENTATION OF STRATEGY OF BOSNIA AND HERZEGOVINA FOR FIGHT AGAINST ORGANIZED CRIME Sarajevo, June 2010

28 1. GENERAL AIMS OF THE STRATEGY FOR FIGHT AGAINST ORGANIZED CRIME STRATEGIC GOAL 01 Harmonization of legal regulations of Bosnia and Herzegovina with international conventions, recommendations and standards which treat fight against organized crime and regulations on confiscation of material gain acquired by the perpetration of a criminal offence. Undertaken activities and results The Law on Amendments of Criminal Code of BiH (Official Gazette BiH number 08/10) was adopted. These amendments introduce new Article 110a Expanded Confiscation of Material Gain Acquired by Perpetration of Criminal Offence. Pursuant to the mentioned provision,, when criminal procedure is conducted for offenses from chapters XVII, XVIII, XIX, XXI, XXI.A. and XXII of the Criminal Code of BiH, the court can confiscate the material gain for which the prosecutor provides sufficient evidence to justifiably believe that such material gain is acquired by perpetration of these criminal offenses, and the perpetrator has not given proofs that the gain has been legally obtained. Entities and Brčko District BiH are obliged by the Law to harmonize their criminal codes with the Criminal Code of BiH within 90 days upon the effective date of this Law. The National Assembly of Republika Srpska, on its 35 th session held on , has adopted Draft Law on Confiscation of Property Gained by Perpetration of Criminal Offence (Official Gazette of RS, number 12/10). The Law regulates conditions, procedure and bodies in charge of discovery, confiscation and management of property acquired by perpetration of criminal offence, and the same also prescribes foundation of a special agency for management over confiscated property. STRATEGIC GOAL 02 Harmonization of legal regulations in Bosnia and Herzegovina Undertaken activities and results

29 Team for monitoring and evaluation of implementation of criminal legislation in Bosnia and Herzegovina is working on the analysis of criminal codes in BiH in the aim of their complete harmonization. The Law on Amendments of the Criminal Code of Republika Srpska has been adopted, and by it the legislative framework for fight against organized crime in RS has been greatly harmonized with European legislation and the best practice. We will only mention changes related to human trafficking, child pornography, cyber crime etc. Activities on development of a draft of the Law on Amendments of the Criminal Code of the Federation of BiH are pending, in order to harmonize it with recent amendments of the CC of BiH. The Assembly of Brčko District at its session, held on , brought the Law on Amendments of the Criminal Code of Brčko District BiH, thereby harmonizing it with CC of BiH. STRATEGIC GOAL 03 Increase of efficiency in fight against organized crime by appropriate implementation of educational, prevention and repressive action, as well as confiscation of property acquired by perpetration of criminal offense. Undertaken activities and results Pending activities on completion of establishment and beginning of functioning of the Agency for Education and Expert Training of Personnel which will have responsibilities for organization and implementation of education, and professional training of members of police bodies of BiH and other services and agencies within security fields, which encompass detailed, specialist, permanent and other firms of training of the first and second level of education. Agency has undertaken steps to achieve preconditions for initiation of basic activities through development of teaching curriculum. Curriculum proposals of the basic cadet training- level I and II for obtaining rank police officer or junior inspector are currently in the procedure of obtaining agreements by police agencies, after which they will be forwarded to the Minister of Security of BiH for adoption. The mentioned curriculum is designed in such manner to enable implementation of quality new practice according to democratic principles. The significant attention is paid

30 to preclusion of all forms of crime, whether by preventive or repressive actions. Within its jurisdictions, High Judicial and Prosecutors Councils (VST): supervises expert education of judges and prosecutors and advises entity centers for education of judges and prosecutors and Judicial Commission of Brčko District of Bosnia and Herzegovina in relation to adoption of the program on professional education of judges and prosecutors. VSTV participated in development of the programs of the Center for Education of Judges and Prosecutors which foresees the following trainings: - Conference: Fight against organized crime and corruption in BiH, Mostar, 14 and 15 October 2010, and foreseen topics: Human Trafficking, Investigation and Processing f Financial Crime, Investigation of Economic Crime, Criminal Offences within the Field of Organized Crime and Corruption, Responsibilities of Legal Persons for Criminal Offences. - Advising Organized Crime, High Technology Crime: Experiences for Practice, Neum, 3-5 June 2010, foreseen topics: Confiscation of Property whose Legal Origin Has Not Been Determined, Confiscation of Property Acquired by Criminal Offence. The mentioned trainings have been organized in cooperation with CEST, FBiH and CEST RS. Representatives of police agencies from Bosnia and Herzegovina continuously participate in trainings organized by the initiative Network for training in the field of fight against organized crime OCTN. In the previous period, BiH representatives have participated in the following trainings in OCTN organization: - STC Strategy of fight against organized crime, key elements of the Strategy of fight against organized crime, development and implementation of national strategies for fight against organized crime, management of security area (JHA). - Development of police work and program politics, standards, priorities and measures in fight against organized crime.

31 During 2009 and in three months of 2010, a continuous education of members of the Border police has been conducted relating to the manner of confrontation to organized crime as well as methods and techniques of prevention of the same. Within the mentioned education, the representatives of the Border Police who work on investigations have participated to a range of trainings and seminars in the country and abroad on following topics: human smuggling, criminal investigations, forged documents, investigation of motor vehicle theft, interviews and police questioning, organized crime in relation to human trafficking, evaluation of risk routs of illegal migration in West Balkans countries, fight against international terrorism, management of complex police investigations, strategic analysis of intelligence data, profiling, interviewing and recognition of forged documents, money laundry, hearing techniques, organized crime in relation with narcotics trade, criminal intelligence analysis, fight against organized crime, analytical investigative actions, advance course for undercover investigators and work with informants and fight against corruption. In the following period there are different trainings planned which will contribute to successful fight of BP BiH against organized crime. Officials of the Service for Foreigners Affairs have attended the following trainings: U.S. Embassy Sarajevo IOM - Training Illegal transfer of money held in Police Institute, Sarajevo in period ; 5 representatives of the Service have attended the training. - Training on topics of organized crime, illegal narcotics trade, human trafficking; training was held in period between to in Budapest, Hungary. One representative of the Service attended this training. - Training in the Czech Republic within the project Support in Construction of Infrastructure of Migration and Asylum in Bosnia and Herzegovina- creation of the Team for Analysis and Planning held in period from October 1 st to 11 th 2009, with 3 member of the Service attending. Ministry of Human Rights and Refugees - Workshop Standards for assistance to victims of human trafficking held in Sarajevo on 14 th and 15 th of October

32 2009; one representative of the Service attended the workshop. Ministry of Internal Affairs of Republika Srpska invests significant efforts in organization of trainings for all of its participants by enabling them to get acquainted, among all, with the best European practice. So, by using TAIEX modality of assistance, a whole range of trainings was organized, among all: Financial crime and investigation, Special investigation and criminal persecution of drug related offences, Terrorism and money laundry for purpose of financing terrorism, Fight against high-tech crime, and study visits on topic of human trafficking, realized in Belgium and Holland, and cooperation in criminal affairs and police education realized in Baden Virtemberg, Germany and expert visit on topic of harmonization of the Law on Weapon and Ammunition with EU Legislation etc. MIA of RS has established a standardized system of training of future members of the police and specialization of Ministry workers who are receiving their education at the Higher Education Institution of Internal Affairs of MIA of RS, where there are special courses (as Organized Crime and Corruption, International Cooperation, Criminal- Intelligence Analyses, High-Tech Crime, Special Investigation Management etc.) that deal with organized crime issues, especially through implementation of practical classes where expert professionals with long experience in fight against organized crime are engaged. The mentioned trainings, as well as the challenges that MIA of RS faces during its work have brought about different changes in legislative framework, all in the aim of improvement of fight against organized crime. The Program of expert education and training of police officers of the Police of Brčko District of BiH, defines expert forms of specialized training of police officers in this field. During 2010, 12 police officers of Police Force of Brčko District BiH finished with seminars on topic of fight against organized crime: - Financial crime and investigations; - Fight against organized crime, illegal trade with narcotic drugs, human trafficking and all other current topics in relation with the fight against crime, organized by the USA Government in Hungary. - Financing of terrorism and money laundry, - Drugs- special investigation and criminal persecution; - Abuse of narcotic drugs; - Human Trafficking, seminar held in Sarajevo, - Human Trafficking, seminar held in R. Macedonia,

33 - Fight against organized crime and - International security crisis, seminar held in R. of Egypt. STRATEGIC GOAL 04 Strengthening of capacities (human and material-technical) of all subjects in BiH who participate in the fight against organized crime. Undertaken activities and results In the previous period in all organizational parts of the Border Police BiH there have been activities conducted on personnel strengthening of investigative and analytical capacities through ranking. In the segment of completion, a special place is given to a Central Investigative Office (hereinafter CIO BP), as the basic organizational unit in BP BiH which deals with the fight against organized crime and which has given some significant results in the past period. Related to procurement of equipment necessary for work in all Border Police units as well as in CIO, it can be emphasized that it is related to tender procedure, and after finalization of the stated procedure it is to be expected that the efficiency of processing of subjects during the work shall increase as in their subsequent processing. Equipment procured and intended for the system of legal interception of telecommunications and which is ready for use has to be mentioned as an important segment. Also, all activities on technical equipment and protection of rooms in which works related to legal interception of communication will be conducted (roomscenter for hearing and room for production of transcriptstranslations) are finished and all IT equipment is procured. Also it is important for the work of the mentioned center that training of all personnel who will be working in the hearing center is conducted. In accordance with the Law on Amendments of the Law on Service for Foreigners Affairs and new competencies and obligations of the Service prescribed by the new Law on movement and residence of foreigners and asylum, the director of the Service has brought a new Rulebook on internal organization of the Service which partially changes the competencies of the Department for operationalintelligence support, and which will collect and analyze operational and intelligence data on illegal migrations and timely deliver information to the competencies of other safety agencies (OSA,

34 SIPA, Border Police, FMIA, MIA; RS, CMIA, PBD, Inspection organs at all levels) for further competencies and procedure. In the aim of collection and analyses of statistic indicators and ceding the same to authorities in the country and the EU for production of migration profile, and in accordance with good practice of the EU, a unit for risk analysis from the Service competencies was established. From the aspect of legality in work of the Service in procedures of realization of prescribed competencies and prevention of other forms of illegalities in accordance with the Service prescriptions, a full functioning internal control and internal system of supervision in the Service has been established. The Service continued and successfully finished construction of the second phase of Immigration center for placement of foreigners under supervision with capacity of about 80 persons, which is financed from CARDS resources, with EC as investor, and which was officially opened on In accordance with prescribed procedures, purchase of official vehicles for Service needs was performed, as well as IT equipment and procurement of material for maintenance and improvement of working conditions in the Service. At the end of 2009, the Assembly of Brčko District BiH adopted a new Law on Police of Brčko District BiH, on the basis of which a new Rulebook on Internal Organization and Systematization of Work Places has been made, i.e. which foresees new work place in the Unit of Crime Police, or in Department for Fight Against Drugs and Organized Crime. Also, Brčko District BiH Police conducted at the end of 2009 one external contest for reception of new police officers, and during the current month a basic course for first rank of junior inspector will be finished by two cadets, who will fill in the vacancies in the Unit of Crime Police. In the aim of realization of actions of Brčko District Police BiH during 2010, department for Fight Against Drugs and Organized Crime was completed with sufficient number of police officers by internal transfer from other organizational units. During 2010, technical equipment intended for more efficient implementation of the most complex investigations in the field of organized and economic crime was donated by ICITAP to Brčko District Police BiH and Tax Authority of Brčko District BiH.

35 Related to this, in June 2010, Brčko District BiH Police has started an initiative for formation of multidisciplinary investigative team for performance of the most complex financial investigations. STRATEGIC GOAL 05 Strengthening and development of inter-institutional and inter-agency cooperation in Bosnia and Herzegovina Undertaken activities and results Project Establishment of better mechanisms of cooperation between prosecution and police was successfully implemented on , and a report was sent to donors. The purpose of the project was advancement of the existing and adoption of new mechanisms of cooperation of the police and prosecution in the aim of more efficient fight against all types of crime in Bosnia and Herzegovina. Fifth conference Better cooperation of police and prosecution was held in Banja Luka on June 8 th Conference participants, as the persons directly involved in project activities, as well as other local and foreign officials and guest, concluded that the results have been achieved and that conducted activities are very successful. It was emphasized that in the aim of regulation of cooperation between police and prosecution, on the same basis, valuable documents have been created, and that the same actually mean the same rules in the entire state, as the vase was with common education of police and prosecution. Recommendations for strengthening and development of future cooperation between authorized persons and prosecutors, collected from the participants in this project during its implementation, are related to further development of primary and secondary legislation, introduction and rulebook; common education of authorized authorities and prosecutors; harmonization of data and statistic information; and cooperation and coordination at the local level- team work of authorized officials and prosecutors. Also, it is necessary to emphasize that three-year project VSTV Strengthening of institutional capacities of prosecution in BiH is in the final phase of preparation, under patronage of Switzerland. One of the project goals is advancement of cooperation between police and prosecution.

36 In the organization of the Federal Prosecutor s Office of the Federation of BiH thematic meetings with all cantonal prosecutor s offices are conducted on regular basis, which are used for analysis of current work and for bringing measures for more efficient fight against organized crime. Those meetings also serve for regular analysis of penal politics and for giving guidelines for strengthening of the same, in order to achieve the purpose of penalties in the sense of general and special prevention through penal politics. Also, regular meetings with police representatives and all other security agencies are held, in the aim of better cooperation which will contribute to more efficient discovery of criminal offences and persecution of perpetrators. During 2009 and the first five months of 2010, the Border Police of BiH conducted continuous collection, processing and analysis of information related to cross-border organized crime and illegal migrations. For this purpose 105 information and 298 analyses was made in the field of crime which were exchanged with other agencies for law enforcement in BiH which shows that the mutual cooperation between BP BiH and other law enforcement agencies through enabling exchange of relevant information is at the high level. The aim is to establish safe, adjustable and modern information system which will enable collection, storage, analysis and distribution of data and information. Also, advancement of normative acts, i.e. rules and procedures regulating collection and data exchange is planned (Instruction on evidence; Instruction on reporting and Instruction of criminal investigative work). Also Instructions on analytical work in BP shall also be made. During 2009 and in the first half of 2010 a continuous cooperation of the Central Investigative Office of Border Police with the Prosecutor s Office of BiH was achieved which can be seen in achieved results realized through operational actions Vršani, Havana, Plitvice, Tara, Tara II and Balans when a bigger number of people related to criminal offences of human trafficking and illicit trade of narcotic drugs were processed and by that an international chain of human trafficking and illicit drug trade over BiH area was cut. Also, apart from cooperation within the above mentioned operational actions, quality cooperation in individual criminal cases was achieved, and in regarding to that regular meetings of investigators dealing with concrete subjects with proceeding prosecutors were held.

37 Police officials of BP BiH are engaged in work of different working groups who act at the level of BiH, which are formed as specialist work group in fight against different forms and types of organized crime in BiH and which work together and exchange all available data necessary for realization of specific cases. Those groups are made of representatives of the Prosecutor s Office of BiH and different police agencies (State Group for Fight against Terrorism, Impact Group for Fight against Human Trafficking, State Group for Fight against Narcotics Trade, State Group for Fight against Human Trafficking, Group for Fight against Automobile Crime, meetings of NIVO 4 group). Ministry of Internal Affairs of Republika Srpska with its constant activities in operational level contributes to the fight against organized crime and achieves significant results. Only in this year, several important investigations against organized criminal groups which are related to human trafficking, illegal possession and arm trade etc. were conducted. It is important to emphasize that most of these actions were realized in cooperation and coordination with other police agents and prosecutor s offices in BiH but also with international level institutions. More detailed information on actions were delivered to you in several occasions, so this time we would just mentions some actions: Kodţaga, Trebišnjica, Drina, Mreţa 2010 etc. Service for Foreigner s Affairs has made during 2009 and 2010 significant improvements in the field of upgrade of the official cooperation with all law enforcement agencies, prosecution, international and NGO organizations. The Service has upgraded its cooperation with BiH institutions in segments of moving and residence of foreigner and exchange of information which could be used for undertaking measures and activities within competencies of any security agency in BiH area. A good and professional cooperation with entity MIA and Brčko District Police, OSA, Border Police, SIPA, NCP Interpol Sarajevo, Sector for Asylum and Sector for Immigration, ICITAP, IOM, European Commission, NGO Vaša prava has to be especially emphasized. Service for Foreigner s Affairs continued its active participation in the work of Impact Group for Fight against Human Trafficking through operative participation and information exchange, and development of standards for human trafficking victims identification and participation in the work of Impact Group for Fight against Terrorism.

38 At the end of 2009 and beginning of 2010, Brčko District BiH police together with MIA RS and FP Sarajevo, and with other police agencies in BiH successfully conducted 4 operational activities: action Svjetlost, action Delfin and Raduša (together with MIS RS- prevention of abuse of narcotic drugs), action Kodţaga (together with MIA RS- prevention of abuse of narcotic drugs), action Euro 2009 (discovery and documentation of production and placing in the marked forged money bills- cooperation with MIA RS, cooperation with FP Sarajevo and cooperation at inter-state level with MIA of R. Serbia). Also, with current work, a high degree of cooperation at operative level with all police agencies in BiH as well as with Intelligence Agency BiH was developed. Police officers of Brčko District BiH Police participate in the work of Work and Impact groups that act at the level of BiH in this field (Impact Group for Human Trafficking, Terrorism etc). Brčko District BiH Police in accordance with the Agreement has established electronic records for data exchange between police bodies and prosecution in the greatest measure possible. STRATEGIC GOAL 06 Development of international cooperation in fight against all forms of organized crime with intensifying of participation in international organizations, initiatives and work groups with efficient and timely implementation of decisions and conclusions that arise from their activities Undertaken activities and results Regarding the activities on signing agreements on police cooperation, Ministry of Security has initiated procedures of signing: 1. Agreement between the Councils of Ministers of Bosnia and Herzegovina and the Government of Republic of Estonia on cooperation in fight against crime, especially terrorism, illicit drug trade and organized crime; 2. Agreement between the Councils of Ministers of Bosnia and Herzegovina and the Government of Republic Croatia on cooperation in fight against cross-border crime; 3. Agreement between the Councils of Ministers of Bosnia and Herzegovina and the Government of Republic of India on

39 cooperation in fight against crime, especially terrorism, illicit drug trade and organized crime; 4. Agreement between the Councils of Ministers of Bosnia and Herzegovina and the Government of Republic Latvia on cooperation in fight against crime, especially terrorism, illicit drug trade and organized crime; 5. Agreement between the Councils of Ministers of Bosnia and Herzegovina and the Government of United Arab Emirates on cooperation in fight against crime, especially terrorism, illicit drug trade and organized crime. During the stated period the Ministry of Security signed Memorandum of Understanding regarding cooperation in the issues of security between the Government of Qatar and the Council of Ministers of Bosnia and Herzegovina. In the aim of implementation of the Convention on Police Cooperation for South-East Europe, the following activities have been realized: - In the period between to , in Sarajevo, a Third Workshop of the Police Cooperation Group was held. At that time, Draft of the Agreement on Red Pursuit whose final text should have been agreed among representatives of police agencies in BiH was considered. After that, in the organization of the Ministry of Security of BiH two meetings of police and legal experts were held, where agreement on final text of the Draft Agreement on Urgent Pursuits took place. - Ministry of Security of BiH in cooperation with Austrian Ministry of Internal Affairs and Secretariat of the Convention on Police Cooperation of the Southeastern Europe Countries with seat in Ljubljana, with financial support of TAIEX organized a workshop for production of the Draft of implementation Agreement for cross-border supervision and controlled delivery. The Workshop was held in Sarajevo in period 17 th to 19 th of February Apart from representatives of relevant sectors of the Ministry of Security BiH experts from law enforcement agencies in BiH also participated in development of draft text of the mentioned Agreement (State Investigation and Protection Agency, Border Police BiH, Federal Ministry of Internal Affairs, Ministry of Internal Affairs of RS). Bosnia and Herzegovina shall after coordination of the Draft of the mentioned Agreement offer the same to the countries

40 signatories to the Convention for initiation of the procedure of conclusion of the same. - In the period from 24 th to 26 th February 2010 the first meeting of Ad Hoc Working group for protection of data was held in Ljubljana, Slovenia. Ms. Samira Čampara, assistant to the director of the Sector for Police Control and Complaints and the main register in the Agency for Protection of Personal Data and Mr. Marko Kneţević, senior expert for international cooperation in the Sector for International Cooperation and European Integration of the Ministry of Security BiH were representing Bosnia and Herzegovina in the work of the Group. - In the period from 8 th to 9 th April 2010 in Sofia, a meeting was held of representatives of police academies and institutions in charge of realization of police trainings. Director of the Institute for Education and Professional Development Mr. Branko Vukoja represented BiH at the meeting. The aim of this meeting was to exchange information of programs of police trainings and institutions in charge of the realization of the same. - On 21 st of May 2010, a third meeting of the Committee of the ministers of the Convention for Police Cooperation in Southeastern Europe Countries was held. Minister of Security of BiH together with all other ministers of internal affairs of the countries signatories to the Convention (Albania, Bulgaria, Macedonia, Moldova, Montenegro, Romania, and Serbia) participated in the meeting. - On June 15, 2010 Ministry of Security of Bosnia and Herzegovina in cooperation with the Ministry of Internal Affairs of Republic of Austria organized a presentation on the topic of the Convention on Police Cooperation in Southeastern Europe Countries. The aim of the subject presentation was detailed introduction of Convention provisions to representatives of police structures and its significance for Bosnia and Herzegovina. Representatives of Prosecutor s Office BiH, Ministry of Security BiH and authority organizations within the same, entity ministries of internal affairs, Brčko District Police and EUPM representatives participated in the subject presentation. There is a continuous cooperation of CIO BP with investigative components of police structures of R. Croatia, R. Serbia and Montenegro, which was expressed during 2008 and 2009 through realization of several operative actions ( Vršani, Havana, Plitvice, Tara, Tara II ), whose final result was submission of the Report against a higher number of perpetrators for criminal offence of smuggling persons and illicit trade of narcotic drugs.

41 Members of investigative component BP BiH continuously participated in different events, seminars, round tables organized by SECI center and other international police agencies in the aim of receiving information on new trends in the field of organized crime, manner of its confrontation, data exchange and education of our members. Service for Foreigner s Affairs, within prescribed competencies, executed international cooperation for the purpose of realization of its activities. In this sense, peer services of other countries were contacted mostly for readmission and acceptance of foreigners to their domestic countries, or certain necessary check ups for foreigners in their countries of origin were performed and certain data and information were exchanged within its competencies. Brčko District BiH Police actively participated in realization of the ILECU project with one representative. During 2010, contacts were realized for establishment of more successful cooperation with attachés of Austrian and French embassies. STRATEGIC GOAL 08 Strengthening of cooperation between public and private sector and civil society Undertaken activities and results Brčko District BiH Police continuously achieves cooperation with civil society and private sector (Forum of citizens for security, initiation of formation of coordination body at the level of Brčko District BiH for fight against narcotic drugs etc). STRATEGIC GOAL 09 Raising awareness of civil society and education of citizens on risks and harmful consequences that organized crime has to a society as a whole Undertaken activities and results

42 When discussing web site of the Border Police where basic information on competencies of the Border Police can be found, together with advertisement for vacancies, it should be noted that BP web site visits increased for 23.32% (96,673) comparing to previous year. This is very important for quality and complete presentation of work of BP BiH and communication with public. Info line in BP, which ensures telephone lines open 24 hours per day and which can be used by citizens to obtain information within supervision of BP BiH, can be seen in similar context. Through the work of Forum of spokespersons of police agencies in BiH BP participated in preparation and implementation of public campaign under the name Your police. Within the campaign, thanks to financial resources of EUPM, promotional material with Border Police logo was printed. Also BP was visited by representatives of nongovernmental organizations, students of Sarajevo gymnasiums and children of pre-school and school age. BP took part in public campaign Corruption takes it all which will be implemented in the following period. In reporting period BP actively participated in implementation of the project Police work in the community. In relation to that, at the level of TO 54 visits of children of pre-school and school age were organized. Apart from BP spokesperson, director and assistant director of BP BiH, head of the Cabinet of director BP BiH and other authorized persons presented their activities to the public. Brčko District BiH Police, during realization of goal 09, worked on the following activities: - Promotion of all Police activities on prevention and repression of all forms of crime, as well as implementation of actions of wider ranges, and promotion of common activities of police agencies is continuously conducted at the official web site of Brčko District Police. - Promotion in media of number Krimolovci (Crime-hunters) - Promotion of campaign which relates to the fight against organized crime and corruption Your Police and Corruption takes it all - Local television shows where leading police officials and the Chief of the Police appeared presented to the public harmful consequences of organized crime to a society; - In the local radio several shows were organized where Chief of the Police was talking about the topic subject, and directly answered to the questions of journalists and audience. - Within activities defined by Strategic Plan of BDP, three issues of Police Newsletter were published under the name of Brčko District Police BiH- Your police) where in all issues the work of police in this area was promoted.

43 - Spokesperson of the Police notifies the public continuously about measures and actions undertaken by the police within the fight against organized crime. STRATEGIC GOAL 10 Strengthening of cooperation between institutions and agencies for implementation of law with electronic and written media Undertaken activities and results According to analyses of press clippings, daily and weekly newspapers which are delivered to the seat of Border Police BiH, during 2009 and in the first three months of 2010 in printed and electronic media, total of 1581 texts were published which in their content treat the work of Border Police BiH and 363 texts in which the topic is indirectly related to BPBiH work. Service for Foreigner s Affairs has advanced public relations in the sense of transparency in work, presentation of achieved results and states in this area, as well as creation of positive image of public toward the Service. In accordance with the Communication strategy of the Government of Republika Srpska, PR network is intensively working in the aim of informing the public about all activities of the Ministry of Internal Affairs of RS. Through installed spokespersons in Prosecutor s offices, media are regularly notified about important cases of organized crime.

44 2. SPECIAL GOALS OF THE STRATEGY FOR FIGHT AGAINST ORGANIZED CRIME STRATEGIC GOAL 01 Improvement of legislative framework and institutional capacities in the field of criminal analyses and criminal-investigative work Undertaken activities and results In the aim of improvement of legislative framework and institutional capacities in the field of criminal analyses and criminal investigative work Department for politics and plans of the Ministry of Security of BiH has made first steps in advancement of the system of collection of statistics. Road Map for establishment of collection of statistics of the Ministry of Security BiH was made, which leads to development of uniform methodology regarding collection, exchange, storage and processing of crime-intelligence data and statistics received from competent police and security agencies in BiH. Map shall be realized through workshops and working meetings with representatives police analyzers through July and August of this year, and the final goal is production of quality Information on security status of Bosnia and Herzegovina. For realization of the Road Map, Program guidelines of UNDOC shall be useful within the project Development of instruments for supervision of judicial and police institutions of western Balkans with financial support of regional action program CARDS of the European Union. Guidelines include a range of recommendations for improvement of statistical systems on crime and criminal justice, as well on migrations, asylum and visas. All these activities have a significant share in implementation of the Action plan for implementation of the Strategy of BiH for fight against organized crime. The aim of the mentioned document Road Map for arrangement of the system of collection statistical data of the law enforcement agencies at the level of BiH is to: - To describe in short the system of statistics collection of the law enforcement agencies at the level of BiH by the Ministry

45 of Security of BiH, for the need of production of Information on security. - Propose advancement of modality of collection and content of necessary statistics and their exchange - Propose content and scope of innovated Information on security - Recommend a range of concrete measures (Road Map) for advancement of the system of collection of statistics on crime for the need of production of Information on security. The Border Police BiH has brought Guidelines on crime-intelligence work. Implementation of the Guidelines has already started through presentations in the field, introduction of its content and training at all levels of BP activities (local, regional and central). A data base for entry of crime investigative data and their storage and search is made. Certain changes which mostly relate to the new forms for collection of statistic data, and then forms for production of analyses of the information retrieved by crime intelligence system are also made. In the following period the Guidelines shall be adapted to real needs in the field and increase of efficiency in collection of data. When considering fulfillment of vacancies in crime investigative works at all levels (local, regional and central) where it is foreseen that 35 police officers work, currently there are 27 officers working or 77%, while fulfillment at the central level is 44%. Currently actions are being undertaken for completion of vacancies for police officers who work on crime investigative works, so that status will surely improve in the following period. There are a developed crime intelligence system at all three levels or organization (central, regional and local) in Border Police BiH. At the central level these works are conducted by the Department for processing and analysis of data, and at the regional and local by the inspectors for crime intelligence works. Works from this field are conducted according to the Guidelines on crime intelligence work in Border Police BiH. Crime intelligence reports are stored in the data base of crime intelligence reports. The rights of access to this data base are defined in the Guidelines. Central level has access to all crime intelligence reports. Training in the field of crime intelligence work was conducted by police officers who work in the Department for processing and analysis of data. For all inspectors in crime intelligence works ANACAPA training was organized. When considering the field of analytics, it is developed at the central level. In the Department for processing and analysis of data analyses of events, telephone listings, records obtained through telephone forensics, analyses of

46 money transactions etc are executed. Police officers who are engaged in this department have undergone adequate ANACAPA training and training for work on analytical software i2. Also, the adequate IT equipment is ensured. At the regional and local level there are not adequate analytical capacities. Currently activities are conducted on forming teams on regional and local level which will direct all of its activities at the analysis of the existing information and recognition of risks at the level of units Border Police or in it wider surroundings, at the parts of the border covered by the field office. Documents (Guidelines, operative procedures etc.) which will regulate the field of risk analysis in Border Police are currently being developed. Priority aims are: strengthening of personnel in these two areas (crimeintelligence and analytical), provision of adequate training and equipping with IT equipment of capacities in regional and local level, as well as advancement of the quality of crime intelligence reports and continuation of activities on continuous professional development in the field of operative analytics. Border Police BiH has a defined manner of collection of statistical data on all events of the border and border belt in the Guidelines on Reporting, and which includes data on criminal offenses and perpetratoros of the criminal offences proceses by the officials of the Border Police BiH. Central investigative office of the Border Police BiH, or Department for processing and analysis of data has been continuously working on collection of all information related to criminal actions of groups and individuals, or information on registered forms of crime, and it also applies forms for collection of statistical data on crime intelligence reports, and it produes analyses of information retrieved through crime intelligence system. Service for Foreigners Affairs in cooperation with the members of the State Investigation and Protection Agency held training on establishment of operative system 4x4 with the aim of establishment of unique base of collected operational information on all types of irregular migrations. Very efficient official cooperation was shown during cooperation with OSA officials at the time of discovery and prevention of criminal offences in the field of human trafficking and smuggling. Cooperation with Intelligence- Security Agency in this field had as a result advancement of security situation; the Service, by undertaking measures within its competencies, has placed under supervision of Immigration center some foreign citizens who were characterized by the competent security

47 agency as persons whose presence presents a threat to the public and to national security of BiH, where now further measures within our competencies are being implemented. The new Rulebook on internal organization and systematization of work places in Brčko District BiH Police, within the Unit of Crime Police, or Department for crime-intelligence support and prevention and discovery of terrorism expands capacities for implementation of crime analyses and collection of data. Brčko District BiH Police has continuously cooperated with Intelligence security agency of BiH, which has had as a result increase in the efficiency of investigation of organized crime. STRATEGIC GOAL 02 Secure conditions for an adequate application of the law and bylaws on confiscation of proceeds of crime acts Undertaken activities and results The Law on Amendments of Criminal Code BiH ( BiH Official Gazette number 08/10) was adopted. These changes and addenda introduce a new article, 110a - Expanded Confiscation of Material Gain Acquired by Perpetration of Criminal Offence. Pursuant to the mentioned provision, when penal procedure is conducted for offenses from Chapters XVII, XVIII, XIX, XXI, XXI.A. and XXII of the BiH Criminal Code, the Court may confiscate the material gain for which the prosecutor provides sufficient evidence to justifiably believe that such material gain is acquired by perpetration of these criminal offenses, and the perpetrator has not given proofs that the gain has been legally obtained. Entities and Brčko District BiH are obliged by the Law to harmonize their criminal codes with the Criminal Code of BiH within 90 days upon the effective date of this Law. The National Assembly of the Republika Srpska, at its 35 th session held on 25 January 2010, adopted the Draft Law on Confiscation of Property Gained by Perpetration of Criminal Offence ( Official Gazette of the Republika Srpska, number 12/10). The draft law regulates the conditions, procedure and bodies authorized for detection, confiscation and handling of proceeds acquired by crime acts, and it also regulates the establishment of a special agency for handling the confiscated equipment.

48 STRATEGIC GOAL 03 Establishment of legal framework and strengthening of institutional capacities for conduction of penal investigations and in procedures of confiscation of proceeds from crime acts Undertaken activities and results In order to strengthen the capacities for conducting of financial investigations, the Republika Srpska Ministry of Interior, pursuant to the Law on Confiscation of Property Gained by Perpetration of Criminal Offence, adopted by the Republika Srpska National Assembly at the beginning of the year, and changes and addenda to the Rulebook on Interior Systematization of Jobs in the Republika Srpska Ministry of Interior, formed the Department for Financial Investigations and Detection of Proceeds from Criminal Offences. Employment of members of this Department and their training is currently underway. In the Police of the Brcko District of Bosnia and Herzegovina, another two police officers were employed in the Department for Fight against Business Crime and Corruption, thus preconditions were created for conducting of financial investigations, in accordance with orders of the Brcko District BiH Prosecutor s Office and the BiH Prosecutor s Office. In addition, as stated earlier, two police officers from this Department completed the «Financial Crime and Investigations» course. On an initiative of the Brcko District BiH Police, the process of formation of a multi-disciplinary investigation team for conducting of financial investigations is underway. This team consists of representatives of the Prosecutor s Office and the Police of the Brcko District BiH, Office for Revision and the Directorate for Finances of the Brcko District BiH. STRATEGIC GOAL 04 Secure a standardized and efficient legal framework and institutional capacities for the application of special investigation activities

49 Undertaken activities and results In order to implement the Action Plan for implementation of the BiH Strategy for Fight Against Organized Crime (Special Goal 4), the Ministry of Security of Bosnia and Herzegovina drafted and submitted to the BiH Council of Ministers an Information related to identified problems in the application of special investigation activities in Bosnia and Herzegovina, with a proposal to form an expert working group that will be tasked with the preparation of adequate methodology and resolving of identified problems in the area of application of special investigative activities, primarily in the context of the use of the change of identity and change of data about the user of items in investigations. In addition, in order to review and analyze the existing problems in the application of special investigative activities and possibilities for their resolution, a preliminary meeting was held in the presence of representatives of all police agencies from Bosnia and Herzegovina, as well as representatives of the Ministry of Security of Bosnia and Herzegovina, Ministry of Justice of Bosnia and Herzegovina, Ministry of Civil Affairs of Bosnia and Herzegovina and the Agency for Identification Documents, Registers and Data Exchange of Bosnia and Herzegovina. The director of the Border Police of Bosnia and Herzegovina in 2006 signed the Instruction for Work with Informants, which is a basis for work with informants. Certain changes and addenda are prepared for this Instruction and they will be implemented in the upcoming period. Also, it is important to stress that several instructions were adopted in the beginning of the year in regard to application of special investigation activities, that is: - Instruction on the behavior of police officers of the BiH Border Police in the realization of special investigation activities "Surveillance and technical filming of premises" - Instruction on the behavior of police officers of the BiH Border Police in the realization of special investigation activities "Undercover investigator and informant" - Instruction on the behavior of police officers of the BiH Border Police in the realization of special investigation activities "Secret tracking and

50 technical filming of persons, transportation means and items connected to them". - Instruction on the behavior of police officers of the BiH Border Police in the realization of special investigation activities "Access to computer systems and computer comparison of data". - Instruction on the behavior of police officers of the BiH Border Police in the realization of special investigation activities "Simulated and controlled buy-up of items and simulated paying of ransom". In order to create transcripts, four computers were purchased at the beginning of the year in the room for transcripts, while last year equipment was procured for security protection and video surveillance of premises where activities as part of special investigation activities in relation to surveillance and technical recording of telecommunications would be performed. All the equipment was developed through the concept of the project of legal interception of communications in the BiH Border Police. In regard to training for the application of special investigation activities and especially in the application of interception of communications, six police officers working for the Central Investigation Office of the BiH Border Police who are to work on these tasks have been trained, but we maintain that this is insufficient. In the upcoming period we are planning additional training, as well as training in the area of work of undercover investigators and work with informants. In regard to the application of special investigation activities by officers of the BiH Border Police, one can say that these activities were successfully applied in 2009 and beginning of 2010 in three cases, and it was very successful with submitting of several reports to the BiH Prosecutor s Office for illegal migrations and unauthorized trafficking in narcotics. The Police of the Brcko District BiH created a legal framework and institutional capacities and trained police officers for the application of special investigation activities, and all this, together with the orders of authorized prosecutor s offices and courts, was implemented in the realization of the above mentioned operational activities. STRATEGIC GOAL 06

51 Establishment and development of international cooperation in penal-legal issues of judicial bodies that will enable conducting of joint criminal and financial investigations Undertaken activities and results The Plan of Training of the CEST of the BiH Federation foresees holding of a seminar of the CEST of the BiH Federation on: Issues related to implementation of international and inter-entity criminal regulations, in Sarajevo on 25 October STRATEGIC GOAL 07 Establishment and development of cooperation between law enforcement agencies on the national, regional and international level, which will enable conducting of joint operations" Undertaken activities and results In 2009 and the beginning of 2010, the BiH Border Police signed several protocols with the neighboring countries, such as: the protocol on official transit over the state territory of another contracting party in order to act on its own state territory, protocol on formation of joint groups for prevention of crime, protocol on mixed patrols along the joint part of the state border and the protocol on instructions for liaison officers. The action «Euro 2009» (detection and documenting of the production and circulation of falsified banknotes) was realized with cooperation on the international level, primarily with the Ministry of Interior of the Republic of Serbia). STRATEGIC GOAL 08 Development of new standardized information systems and databases and development, maintenance and updating of the existing information systems and databases of law enforcement agencies, as well as continuous IT education of employees

52 Undertaken activities and results With the goal of implementation of the Agreement on Establishment of the System of Electronic Data Exchange from registers of police bodies and prosecutor s offices in BiH, the following has been done: - Working group for implementation of the Agreement was formed - Bylaws harmonized by all signatories of the Agreement (Rulebooks and Instructions that precisely state which data are to be exchanged and define the technical aspect of access and control) - On basis of the submitted solutions by renowned companies from this field, a technical solution for data exchange was designed - Cooperation established with the signatories in regard to the present situation of the signatories themselves, exchange of experiences, opinions, information, as well as monitoring the implementation of the Agreement in the part that relates to obligations of the signatories themselves (creating of missing electronic registers) - Presentation of the solution to potential financers (donors) Pursuant to the Agreement, the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, at its session held on 27 January 2010, adopted the following implementation documents: - Rulebook on the content and method of keeping of prosecutorial registers that are subject of the Agreement on the establishment of the system of electronic data exchange from the registers of police bodies and prosecutor s offices - Instruction on the method of data exchange from registers that are subject of the agreement on the establishment of the system of electronic data exchange from the registers of police bodies and prosecutor s offices - Procedure for acquiring access to prosecutor s registers that are subject of the agreement on the establishment of the system of electronic data exchange from the registers of police bodies and prosecutor s offices All the prosecutor s offices in Bosnia and Herzegovina, except the Special Prosecutor s Office of the Republika Srpska (County Prosecutor s Office Banja Luka special prosecutor s office for prevention of organized crime and the most serious forms of business crime) and the BiH Prosecutor s Office, have started the process of formation of registers using the system for electronic management of prosecutorial cases. The formation of registers for the Special Prosecutor s Office of the Republika Srpska and the

53 Prosecutor s Office of Bosnia and Herzegovina shall start in the second half of this year. The Ministry of Security was submitted the information on the hardware and software platform used by the High Judicial and Prosecutorial Council through which electronic communication will be established between the prosecutor s offices and the access point to be established in accordance with the Agreement. Prosecutors and administrative staff in all prosecutor s offices of Bosnia and Herzegovina passed the basic IT training on two separate occasions. In the first instance, training was held on basis of the ECDL (European Computer Driving License) program, financed by the CARDS program of the European Commission. In the second instance, the High Judicial and Prosecutorial Council of BiH coordinated an internal training for prosecutors and the administrative staff pursuant to a specialized rulebook prepared for this purpose. The training was conducted by IT experts employed in the prosecutor s offices as IT support. The prosecutors and the administrative staff were also trained for the use of the system for electronic management of prosecutorial cases, through which electronic registers that are subject of the Agreement are to be established. The training is based on group studying as well as individual work with users in order to adopt, as much as possible, the knowledge necessary for the use of this electronic system. The IT staff in the High Judicial and Prosecutorial Council regularly attends trainings from specialized fields that are related to updating, maintenance and control of access to databases, as well as the establishment and maintenance of security of the information system. The IT staff in the prosecutor s offices is also involved in the process of training from the field of IT support. With the direct access to databases, the Border Police of Bosnia and Herzegovina wishes to improve the work of police officers in the fight against organized cross-border crime and detection of persons

54 dealing with crime. In addition, the access to databases simplifies the work of police officers and leaves sufficient time for conducting of interviews and profiling of travelers. At the end of 2009, the director of the Border Police adopted the Strategy of the Border Police of Bosnia and Herzegovina, which also includes the Strategy for Information Management in the Border Police of Bosnia and Herzegovina. The objective of the Strategy for Information Management is to establish a safe, adaptable and modern information system that enables collecting, storing, analysis and distribution of data and information. As part of a project on introduction of the MIND (Mobile Interpol Network Device) system in the Border Police of Bosnia and Herzegovina, activities were undertaken on implementation of a new system for control of crossing of the state border (KPDG 2009). The system was put into operation in In addition to the possibility of registering of persons crossing the state border and wanted persons, the KPDG 2009 also has a possibility of automatic checking of wanted persons in the database as well as automatic checking in INTERPOL s databases (MIND). Programmers engaged by the INTERPOL finished their part of obligations, except for the part related to the control of registration plates. Activities related to control of registration plates continue at border crossings. Activities are underway on correcting of omissions and establishment of a new system KPDG 2011 that will replace the existing one and enable the use of biometric passport readers. The entire project is financed by the European Commission. The KPDG 2009 system is integrated into the Information System of Migrations (ISM) as one of the modules of the system. The ISM application and its test phase were completed. The system was presented to representatives of the European Commission. At the moment, education of officers in the field for the work on this system is underway. Applications have been created for access to databases located in the premises of the CIPS (Register of Personal Data and Register of Registered Vehicles, Register of Fines and Offenses and the Register of Foreigners) and sending of documents with attachments on the username and password to the field. Activities were continued on the installation of new computers and other computer equipment. The needs of the Border Police for IT equipment were defined and the procurement was performed in

55 accordance with the amount of available funds as part of capital expenses for In order to enable a more efficient work of the police in the fight against organized c rime and other forms of crime, the Ministry of Interior of the Republika Srpska has worked and continues actively working on the introduction of new information-technology solutions, including the management of electronic databases and applications, thus it has been ready for some time for the electronic exchange of data. Out of six official registers of police bodies, defined by Article 4 of the Agreement on the establishment of the electronic data exchange system from the registers of police bodies and prosecutor s office, the Republika Srpska Ministry of Interior does not have only an established electronic register of submitted reports about a committed crime, but they are currently actively working on the development of such an application and database. The Service for Foreigners Affairs in 2009 and 2010 established the database of the ISM Information System for Migrations (register of foreigners, registers of passports, register of sojourn registration, register of resolved requests, register of invitation letters) and the database of imposed sanctions, which is priceless for an efficient work of the Service. Equipment for encrypting of electronic communications between the Service headquarters and all field offices has been installed. In addition, an IT system of electronic exchange of data, information and documents within the Service (headquarters of the service and field offices) was installed. Also, the Service for Foreigners Affairs worked on the establishment of an electronic database, maintenance and testing of installed equipment, analysis of work of the software for databases, proposing and initiating the procurement of the necessary IT equipment, with the goal of establishment of efficient information systems that meet the needs of the Service. STRATEGIC GOAL 09 Intensify activities on prevention of unauthorized production and trafficking in narcotics

56 Undertaken activities and results Activities of the Border Police of Bosnia and Herzegovina: - The surveillance of the border line and conducting of incountry checks in the border area, with the goal of detecting the illegal activities of smuggling of narcotics, is performed with the engagement of police officers on the security sector in accordance with the Instruction on the Manner and Methodology of Work on the territory of responsibility of Border Police Units and through planning and implementation of target operational activities undertaken in the field. - In 2009, the Border Police of Bosnia and Herzegovina submitted 52 official reports to the authorized prosecutor s offices for illegal trafficking of narcotics for 52 offenses in which 63 persons were reported. In the first three months of 2010, a total of 11 official reports were submitted to the authorized prosecutor s offices over 11 committed offenses in which 16 persons were reported for illegal trafficking of narcotics. - In the course of 2009, the authorized misdemeanor courts received six requests for launching of offense proceedings and 31 misdemeanor reports were submitted in which 37 persons were reported. For the first three months of 2010, the authorized misdemeanor courts received 17 requests for launching of offense proceedings in which 17 persons were reported for illegal trafficking in narcotics. - Speaking about significant seizures of narcotics, in 2009 a total of 46,664 grams of marijuana was seized, as well as 1, grams of heroin, 1, grams of cocaine, 13 pieces of marijuana seeds, 101 marijuana stems, approximately 1,200 pieces of various pills that are on the list of narcotics, psychotropic substances and plants from which narcotics and precursors are extracted. In the first three months of 2010, a total of 1, grams of marijuana was confiscated, 1.05 grams of cocaine, 327 marijuana stems and around 300 pieces of various pills that are on the list of narcotics, psychotropic substances and plants from which narcotics and precursors are extracted were confiscated. - On basis of the presented data, one can conclude that positive progress was achieved in this reporting period on the discovering of illegal trafficking of narcotics over the state border, which was also foreseen by the annual plan of work for 2009.

57 The Brcko District Police in 2009 and the beginning of 2010 conducted two operational actions entitled «Police Dolphin» and «Kodţaga», directed against documenting of crimes related to Unauthorized production and trafficking of narcotics on the territory of the Brcko District BiH, Bosnia and Herzegovina and on the international level. STRATEGIC GOAL 11 Continuation of activities on prevention of cases of theft and resale of vehicles, as well as extortion related to stolen motor vehicles Undertaken activities and results In the course of 2009 and the first three months of 2010, the Border Police of Bosnia and Herzegovina temporarily confiscated 120 motor vehicles. Most often, the reasons were: illegal import to BiH, searches by the Ministries of Interior, INTERPOL searches, forged documents and confiscation of vehicles used as means to commit a crime. A register on confiscated motor vehicles was established and it is kept in the Operational Communications Center of the Border Police of Bosnia and Herzegovina. In the past period, officers of the Border Police of Bosnia and Herzegovina were educated about techniques of identification of stolen motor vehicles. These officers work on tasks related to investigations in the Border Police of Bosnia and Herzegovina. Trainings were organized by the ICITAP and EUPM, and the topics were «Investigation of motor vehicle thefts» and «Training against motor vehicles theft». In any case, education of all investigators will continue on all levels in regard to techniques of identification of stolen vehicles. The Police of the Brcko District of Bosnia and Herzegovina continued with undertaking of planned measures on prevention of motor vehicles thefts on the territory of the Brcko District of Bosnia and Herzegovina, which in the first five months of this year resulted

58 with a slightly lower number of stolen vehicles in comparison to the same period last year. STRATEGIC GOAL 12 Continuation of activities on prevention and stamping out of trafficking in humans and illegal migrations Undertaken activities and results In the course of 2009 and the first quarter of 2010, the Border Police of Bosnia and Herzegovina intensified its activities on prevention and detecting of illegal activities in the area of illegal migrations and trafficking in humans, which resulted with a decreased number of illegal crossings of the state border in comparison to the earlier period. In 2009 and the first three months of 2010, a total of 481 persons were discovered while trying to illegally cross the state border (in 2008 this number was 543 persons). Members of the Border Police of Bosnia and Herzegovina who are members of the Task Force for fight against human trafficking and illegal migrations regularly took part in meetings organized by the SECI Center, during which information were exchanged and the situation in this area was analyzed, with a special emphasis on prevention, protection of victims and prosecution of offenders. In order to continue the successful fight against human trafficking and illegal migrations in the future, it was concluded that it is necessary to improve the cooperation between the countries in the region through holding of joint meetings and efficient exchange of data and information. In the period of 2009 and the first three months of 2010, the Border Police of Bosnia and Herzegovina achieved exceptional results in regard to the detection and prevention of human smuggling. In this period, the BiH Prosecutor s Office received 35 reports about the committed crime of «Human Smuggling» from Article 189. of the BiH Criminal Code against

59 99 persons. Out of this number, 18 reports are related only to Human Smuggling from Article 189 of the BiH Criminal Code, while four reports are related to smuggling of persons in reference to Article 249 of the BiH Criminal Code (association with the intention to commit a crime), as well as 13 reports for smuggling of persons in reference to Article 250 of the BiH Criminal Code (Organized Crime). As for the application of the new Law on the Movement and Sojourn of Foreigners and Asylum of BiH, which is adapted to good practices of the EU and European standards, it can be concluded that the Border Police of Bosnia and Herzegovina is consistently and efficiently implementing this law. In the period of 2009 and the first three months of 2010, continuous education of officers of the Border Police of Bosnia and Herzegovina took place on «Human Smuggling» and «Trafficking in Humans». As for education in the area of trafficking in humans, we would like to especially emphasize excellent cooperation with the «La Strada» non-governmental organization, which often organizes quality seminars for the Border Police of Bosnia and Herzegovina, during which officers of the Border Police of Bosnia and Herzegovina present some new findings and phenomena related to trafficking in humans with the goal of sexual exploitation, and this makes it possible that the Border Police of Bosnia and Herzegovina, as one of the main security institutions in the country, follows the trends of this negative occurrence in order to be able to fight against it efficiently and prevent it. The Service for Foreigners Affairs is continuously undertaking activities with the goal of efficient management of migrations, undertaking measures on prevention and stamping out of human trafficking and illegal migrations through implementation of the Action Plan for Prevention of Human Trafficking in BiH and the Action Plan for Implementation of the Strategy in the Field of Migrations and Asylum. STRATEGIC GOAL 13 Reducing the quantity of forged banknotes in circulation and the number of frauds committed with forged securities, reducing the number of cases of infringement of copyright, reducing the number of cases of tax evasion, smuggling of goods and customs frauds, prevention and stamping out of computer crime

60 Undertaken activities and results The Central Bank of BiH is continuously undertaking activities on strengthening of the technical-technological capacities in the part of work with cash. The surveillance of the border line and conducting of in-country checks in the border area by the Border Police of Bosnia and Herzegovina with the goal of detecting of illegal activities in the field of the usage of documents is performed by the engagement of police officers in the security sector pursuant to the Instruction on the Manner and Methodology of Work in the Border Police and through planning and implementation of targeted operational actions undertaken in the field, as well as with increased profiling of all persons during border control in order to detect illegal activities in the area of the use of forged documents for crossing of the state border. As part of the transition training, all police officers of the Border Police of Bosnia and Herzegovina passed the basic training for recognizing of forged documents, while a number of police officers passed the specialist training organized by the EUPM, IOM, ICITAP and other lecturers from various countries from the EU and the USA. As part of technical equipping of the Border Police of Bosnia and Herzegovina with equipment for checking of documents, all border crossings on the level of the Border Police of Bosnia and Herzegovina are equipped with basic equipment for detection of documents, which includes a device with three different sources of light (retro-check) and mobile magnifying glass for magnifying up to 10x. Due to their geographical position and frequency, certain Border Police Units are equipped with stereo-microscopes, with sources of cold light (Border Police Units Bijeljina, Orasje and Hum), while the Border Police Unit Airport Sarajevo possesses two stereo-microscopes, one of which has an integrated camera and an independent source of cold light. In addition, the Training Center possesses five stereo-microscopes, which are used primarily for training of personnel. Three field offices possess mobile devices for analysis of documents, out of which the Field Office East and the Field Office West possess devices docu box Dragon, while the Field Office North-East possesses the device VSC-4. The Field Office Airport in the Border Police Unit Airport Sarajevo possesses the Projectina Docu- Center 3000 device, as well as a scanner and color printer.

61 As part of the Department for Operations and the Department for Control of Crossing of the State Border, there is a laboratory for analysis of documents, which is equipped with the Foster&Freeman device, type VSC5000, stereo microscope with an integrated camera and independent source of cold light, two sophisticated color printers, one high-resolution scanner, a retro-check as well as manual magnifying glasses with and without a source of light. Officers of the Department for Control of Crossing of the State Border have created an electronic collection of specimens and forged documents. The collection currently includes data about a significant number of specimens and forged documents created or collected by officers of the Border Police of Bosnia and Herzegovina. The distribution of the new data is conducted periodically and it will be conditioned by a number of new files that will be stored in the collection. In 2009 and the first three months of 2010, the authorized prosecutor s offices received 56 official reports over 57 offenses, in which 77 persons were reported over smuggling of different types of goods. In addition, the Border Police of Bosnia and Herzegovina in the reporting period submitted to the authorized prosecutor s offices five official reports over five committed crimes of illegal trade. The total quantities of the temporarily confiscated goods for 2009 and the first three months of 2010 amount to: - 186,397 boxes of cigarettes heads of cattle sheep and goats and poultry - 11,154 kilograms of coffee liters of alcohol - 6,328 pieces of textile goods pieces of technical goods A part of the temporarily confiscated goods and animals was handed over to the customs and inspection bodies, while another part is stored in the storages of Border Police Units. The Border Police of Bosnia and Herzegovina and the Indirect Taxation Authority have had a very good and functional cooperation for quite some time now, which resulted with the adoption of the Memorandum of Cooperation and Understanding, and in the recent past this cooperation

62 was further deepened and upgraded through participation in joint operational actions on the regional level in the organization of the SECI Center, such as "Shadow IV" "Barter" and "Atlas". Also, meetings are held permanently with representatives of the Indirect Taxation Authority, during which the current situation in the area of smuggling of goods over the state border is analyzed and information and operational findings are exchanged, on basis of which persons dealing with such form of crime can be identified. Organized counseling in the organization of the CEST of the BiH Federation and the CEST of the Republika Srpska: Organized crime, high-tech crime: practical experiences, Neum, 3 5 June 2010, at which the following topics were presented: Digital Forensics as Means of Evidence, Computer Crime in the BiH Federation, Illegal Exemption of Evidence in Digital Form. On 11 March 2010, a meeting was held in the BiH Prosecutor s Office on the topic of increase of capacities in the police and judiciary bodies and other authorized institutions for the fight against cyber crime and high-tech crime. Pursuant to conclusions from the meeting, formation of a working group for monitoring and realization of activities in the fight against cyber crime and hightech crime is underway. This group will be submitting information to the authorities about the necessary activities in the area of fight against this form of crime. A working group was established, which will be tasked with preparation of initiatives for changes and addenda to the required laws, in accordance with the Action Plan for improvement of the system of protection from child pornography and other forms of sexual exploitation and abuse of children through information and communication technologies in BiH In order to improve its work to be able to fight against the new forms of crime, the Republika Srpska Ministry of Interior formed the Department of High-Tech Crime as part of the Crime Police Administration. At the moment, attention is paid to continuous training of members of this Department. The website of the Department is in its test-phase. The website should serve to inform citizens about all forms of computer crime, from abuse of credit cards to child pornography, ways to protect citizens from frauds, and there will also be a possibility that citizens can report all such cases to the Department for High-Tech Crime of the Republika Srpska Ministry of Interior through the website. One of the more significant activities is a project of education of primary school children and

63 their parents about the threats for children on the Internet, which was realized as an experiment in several schools in the Banja Luka region, and in the next school year it will be realized on the entire territory of the Republika Srpska with adequately prepared brochures for children and parents. At the end of 2009 and beginning of 2010, the Brcko District Police realized the «Euro 2009» action, which resulted with discovering of a legal printing shop on the territory of the Brcko District. On this occasion, several persons were arrested, two of them from the Republic of Serbia. Through conducting of investigative activities and communication with the Central Bank of Bosnia and Herzegovina, it was determined that a number of forged banknotes of EURO and KM currencies, which had been put into circulation in 2009 and beginning of 2010, were made in the mentioned illegal printing shop. This action automatically led to a reduced quantity of forged banknotes put into circulation on the territory of the entire BiH. STRATEGIC GOAL 14 Reducing the number of cases of robberies and armed robberies Undertaken activities and results In order to improve the standards related to mandatory measures of protection of institutions dealing with cash, the Central Bank of Bosnia and Herzegovina undertook the following activities: - It adopted a document entitled Policy of production of cash, as a comprehensive strategy that is related to this field; - It organized a conference entitled: Protection and transportation of cash in BiH, for all banks and institutions that deal with transport of cash, with the goal of safer transport of cash in BiH; - Changed the procedures related to the acceptance, issuing and transportation of cash from banks and it uses a special and safe communication between its branch offices, the Central Treasury and banks, and at the moment expansion of security communication between the Central Bank of Bosnia and Herzegovina, Sarajevo Airport and the Border Police of Bosnia and Herzegovina related to data about the transport of cash is underway.

64 STRATEGIC GOAL 15 Prevention of unauthorized trafficking in weapons and military equipment and the prohibition of the purchase, transportation, storage and disposal of nuclear materials on the territory of Bosnia and Herzegovina Undertaken activities and results The Police of the Brcko District of Bosnia and Herzegovina have launched a procedure for adoption of the new law on weapons and ammunition in the Brcko District of Bosnia and Herzegovina. With a focus on the process of harmonization of legislation about weapons in BiH by the UNDP, two workshops were organized in Mostar and in the Brcko District with representatives of the entity ministries of interior, cantonal ministries of interior, Brcko District Police and the Ministry of Security of BiH. These workshops included comprehensive expert discussions about the possibilities of mutual harmonization and harmonization of laws on weapons in BiH with relevant EU directives. The key result of these efforts is that the BiH Federation and the Brcko District have harmonized their own draft laws on weapons between themselves and harmonized them with the most relevant provisions of relevant EU directives, which represents a significant progress in the implementation of the decision of the BiH Council of Ministers about mutual harmonization of laws on weapons and their harmonization with EU Directives (BiH Official Gazette number 57/09, 92/09). The draft law on weapons in the BiH federation was sent to parliamentary procedure. If it is not passed on the level of the BiH Federation, there is a proposal that the text of this law is passed by all cantons in the BiH Federation in an identical form. As part of realization of activities on increased surveillance of the existing weapons and military equipment storages, the Ministry of Defense of Bosnia and Herzegovina adopted a document entitled Policy of Protection of Forces, and on the level of the Headquarters of the Armed Forces of Bosnia and Herzegovina there is an adequate rulebook from this field. In addition, the following activities are realized by the Ministry of Defense:

65 - Continuous collecting of data that can be brought into connection with organized crime and terrorist threats against the forces and resources of the Armed Forces of Bosnia and Herzegovina; - Timely documenting and reporting about all forms of endangering of security of the storages of weapons and military equipment of the Armed Forces of Bosnia and Herzegovina; - Conducting of regular and extraordinary controls of locations and facilities where weapons and military equipment are stored; - Removing of noted problems in regard to technical securing of locations and facilities of the Armed Forces of Bosnia and Herzegovina; - Education of personnel is conducted regularly. STRATEGIC GOAL 16 Provide adequate prison capacities (safe prison, sufficient capacity ) Undertaken activities and results The Council of Ministers of Bosnia and Herzegovina, at its 118 th session held on 8 April 2010, made a decision on the approval of the Project of Construction of the State Prison of Bosnia and Herzegovina, which will be included in the program of multi-year capital investments for the period The estimated value of the project is 77,609, KM. STRATEGIC GOAL 17 Establishment of a system for efficient assessment of threats from organized crime in BiH Undertaken activities and results The Ministry of Security of Bosnia and Herzegovina, in cooperation with police agencies from BiH, prepared and sent to the SECI Center the replies on questionnaires as a contribution of BiH in the elaboration of the Common Threat Assessment on Organized Crime for South East European region (SEEOCTA) for STRATEGIC GOAL 18 Monitor the implementation of the Strategy for Fight Against Organized Crime and coordinate its implementation with other relevant strategies that treat the following areas: integrated border management, fight against corruption, prevention of money laundering and financing of terrorist activities, prevention of human trafficking, prevention and stamping out of illegal trafficking and abuse of narcotics; prevention of illegal migrations

66 Undertaken activities and results The Decision on the formation of a working group for elaboration of the Action Plan for implementation of the BiH Strategy for Fight Against Organized Crime foresees that this working group will also be in charge of coordination of activities foreseen by the Strategy and the Action Plan, as well as of the surveillance and monitoring of implementation of the Strategy. The working group also prepared a Report on implementation of the BiH Strategy for Fight Against Organized Crime. In order to monitor the realization of measures and activities from the Action Plan for implementation of the BiH Strategy for Fight Against Organized Crime, as well as other action plans and strategies adopted on the state level and in the Republika Srpska, it should be emphasized that within the Ministry of Interior of the Republika Srpska this job was delegated with the new systematization, by the extension of job descriptions, to the Department for Training, Development and Monitoring of Strategies.

67 ANNEX II BOSNIA AND HERZEGOVINA MINISTRY OF SECURITY ANALYSIS OF THE DEGREE OF ACTION PLAN IMPLEMENTATION RELATED TO ANTI- CORRUPTION STRATEGY OF BOSNIA AND HERZEGOVINA Sarajevo, June 2010

68 1. Building capacities of the Agency for the Prevention of Corruption and Coordination of the Fight Against Corruption At the 69 th session of the House of Representatives, held on 30 December 2009, and the 40 th session of the Parliamentary Assembly of BiH, held on 30 December 2009, the Law on Agency for the Prevention of Corruption and Coordination of the Fight Against Corruption was adopted (BiH Official Gazette, issue 103/09). Pursuant to Article 6 of the Law on Agency for the Prevention of Corruption and Coordination of the Fight Against Corruption (BiH Official Gazette, issue 103/09), the Council of Ministers of Bosnia and Herzegovina identified the seat of the Agency for the Prevention of Corruption and Coordination of the Fight against Corruption. East Sarajevo was identified as the seat of the Agency. House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina appointed the Acting Director of the Agency for the Prevention of Corruption and Coordination of the Fight Against Corruption. Establishment of the Commission for Appointments and Monitoring of the Agency is now underway. The Rulebook on Internal Organization of the Agency is also being prepared with the participation of experts hired by the European Commission. 2. Prevention of Corruption In early December 2009, the law enforcement agencies in Bosnia and Herzegovina, supported by EUPM, launched a public campaign entitled "Corruption Takes Everything, aimed at raising awareness of corruption in our society. Through numerous projects, programs and media addresses, the campaign drew attention to the fight against corruption and the importance of investment of joint efforts by all segments of society in preventing corruption. More than 1,000 calls were made to the phone line of Crime Hunters (Krimolovci) within two months of launching the campaign, an increase of 200 percent compared to same period last year. The number of calls related to corruption was seven times higher. The public telephone line "Krimolovac continues to operate on the

69 principle of anonymity, thus encouraging the public to report criminal acts of corruption. Public Procurement Agency of BiH has taken the following actions to implement objective 2: - Pursuant to the Regulation on Monitoring of Public Procurement Procedures ("BiH Official Gazette" issue 48/08), the BiH Public Procurement Agency surveys the implementation of public procurement procedures. The main objective of public procurement monitoring is the elimination of irregularities that are detected among taxpayers in application of the law. Another aspect of monitoring should be the monitoring of high value public procurement. As a result of monitoring, if the contracting authority fails to act on the recommendation, the Agency shall submit complete documentation to the relevant Audit Office and publish on the public procurement web page the list of contracting authorities that have not acted according to monitoring findings. It is important to emphasize that the monitoring includes not only notice, but other sources also (reports, findings of the Audit Office, decisions of the Appeals Consideration Office, the media, etc.) - At its 28 th session, held on , the Agency s Board adopted the Draft Strategy on Public Procurement System Development in Bosnia and Herzegovina , with the Action Plan to implement the Strategy. In Part V of the Public Procurement System Development Strategy in Bosnia and Herzegovina, prevention of corruption in the public procurement system is defined through the following measures: strengthening the legal framework, strengthening control mechanisms and raising awareness about the importance of preventing corruption in public procurement system. The Public Procurement System Development Strategy in BiH is now before the Council of Ministers for adoption. - The web page, accessible to all stakeholders, contains content that has a significant influence on raising the level of knowledge in this area, as well as informing all concerned. Specifically, the website contains the Public Procurement Law ("BiH Official Gazette issue 49/04, 19/05, 52/05, 8/06, 24/06, 70/06 and 12/09) - (hereinafter: the Law) with the bylaws, as well as publications published through the European Union's program of support to public procurement system in Bosnia and Herzegovina - II phase, at the link "Publications".

70 The link "FAQs" contains questions and answers that frequently occur in practice, helping participants in public procurement procedures in the practical application of the Law and bylaws. - Also, a Public Procurement Manual was prepared in cooperation with the Twinning Light Project from Germany. It is also available on the public procurement website, and attached to this document. Section 3 of the said manual defines the methods for prevention of corruption. - The public procurement website also contains the Register of Contracting Authorities, obliged to apply the law. - The Agency is actively working on the development of information systems for the electronic publication of notices in public procurement procedures in BiH, and on creating conditions for the development of electronic public procurement system. - Also, last year, we launched the electronic delivery of report on completed public procurement procedures, in accordance with the Instruction on the Preparation and Delivery of Reports on the Contract Awards in Public Procurement Procedures, from Chapter II and Chapter III of the Public Procurement Law, published in the BiH Official Gazette BiH, issue 81/09. That will make it possible to follow what private companies have been selected as the best bidders in public procurement procedures, in terms of determining a possible conflict of interest. The Civil Service Agency of Bosnia and Herzegovina has undertaken and accomplished the following: - As Amendments to the Law on Civil Service in BiH entered into force in 2009, conditions were favorable for the adoption of the new and modification of the existing implementation regulations, some of which relate specifically to strengthening the professionalism and neutrality in the civil service (pursuant to Article 3, paragraph 1, item e)), the obligation of civil servants to behave according to the Code of Civil Servants, adopted by the Council of Ministers upon the proposal of the Agency (Article 14, paragraph 5), ways of protection of the physical and moral integrity of civil servants in the performance of their duties, including stipulation of misdemeanor in case of breach of regulations (Article 15, paragraph 3), incompatibility with the duties of civil servants (Article 16), professional education and training (Article 49), breach of official duty, disciplinary measures and disciplinary procedures (Article 54, paragraph 4), establishment of information systems for human resource management (Article 62, paragraph 2 a) 2), enabling electronic registration of candidates for advertised positions

71 within the institutions of Bosnia and Herzegovina - online registration (Article 62, paragraph 6). In accordance with these plans, the Agency, which is the proponent, has proposed to the Council of Ministers, the adoption of the following bylaws: Decision on Amendments to the Decision on the Manner of Taking Public and Professional Examination - completed, published in the BiH Official Gazette issue 43/10; Code of Civil Servants in the Institutions of BiH, which contains a number of provisions relating to prevention of corruption and sanctioning should civil servants engage in such activities (provisions relating to gifts, allowable activities outside of duty, conflict of interest in relation to external entities, functional conflict, the obligations of civil servants, bans for civil servants). The draft Code was drawn up and delivered to different institutions for their opinion; however, all the competent institutions have not provided the requested opinion. The Ministry of Justice launched the preparation of a new text of the Code, and the delivery of a new text is postponed for May / June 2010 completion underway. Decision on Amendments to Decision on Cases in which Civil Servants may be Granted Authorization to Perform an Additional Activity - already forwarded to the Council of Ministers, and awaiting adoption completed by the Civil Service Agency. Decision on Conditions and Means to Protect the Physical and Moral Integrity of Civil Servants in Performing Duties in the BiH Institutions- The Agency has completed a working version of the Decision. The draft will soon be submitted to competent institutions for their opinion completion underway. Rulebook on Disciplinary Accountability of Civil Servants - adoption planned for the second half of this year. The Agency is completing the working version completion underway. - E-recruitment - public advertising of all vacancies in all institutions is already underway with the principle of transparency well present (in the public advertisement, all information including the requirements and salary are available, as well as exam dates and times and scores achieves, and the entire procedure related to each position is transparent and can be found on the official website of the Agency, which is also the official and responsible institution). The number of information and data published increases continuously completed. - Electronic filing of documents for the appointment / selection - the candidate cannot submit application documentation electronically because the electronic signature system is not as yet functional in Bosnia and Herzegovina. As such, electronic documents do not possess legal validity. In the implementation of the HRMIS project (Information

72 System for Human Resource Management), the BiH Civil Service Agency has anticipated and implemented the functionality of online registration of candidates. Such manner of application is now embedded in the required legal framework, but only in those cases where the Agency is the proponent of legal regulations. As the implementation of legal regulations related to electronic signature is in the competency of the BiH Ministry of Communications and Transport, the Agency cannot affect the further development of this function; - E-Transparency - Access to information/legislation through the Internet and web site the Law on Civil Service in BiH, as the fundamental law under which the Agency operates, was published on the official website, with all changes and amendments (even in its unofficial and integrated version). This web page also features all bylaws related to the implementation of this law. Also, the official website of the Agency includes numerous clarifications concerning the law itself and related by-laws, as well as answers to frequently asked questions of citizens. Any natural person has the right to electronically request and receive from the Agency in a very short time a response to inquiries on matters within the competence of the Agency, for which we have received a number of commendations. Number of data available to the public in this area is increasing every day - completed. - The implementation of laws on access to information- the Civil Service Agency has published on its official web site the Guide on Access to Information and the Index of Information, which are under its control. The guide provides to the applicants to request and receive information, via mail and electronic mail, on queries made. In previous reports which the Agency has delivered to the BiH Parliamentary Assembly and the Ombudsman, it is clear that the number of queries and the information supplied electronically is much larger than those addressed through post, which resulted in a rapid and efficient provision of information to persons requesting them. In this regard, the Agency has received praise from a number of applicants, when it comes to its efficiency and completeness of the information provided, completed. - The introduction of modern technology as a powerful means of fighting corruption and modernization of the administration, resulting in the introduction of the e-government and e-governance models the Civil Service Agency is actively working on the computerization of their business processes. In addition to the previously mentioned information system for Human Resource Management (HRMIS), the Agency implemented an information system for electronic notification of candidates competing for vacant positions. Its functionality will be

73 updated real-time notification of all candidates who participate in public competition procedures for admission to the civil service of BiH on changes to and the current status of their application via the Internet, personalized and SMS messages. This information system is designed to operate at the 5 th, the last degree of sophistication of e- Government services according to EU standards, i.e. at the level of personalization. The Agency, as an institution without original jurisdiction in developing e-government institutions of Bosnia and Herzegovina, is implementing within its mandate a series of training events to strengthen the capacity of BiH institutions for the introduction of such systems. One such project is nearing completion in cooperation with the Spanish Agency for International Development Cooperation, with intensive courses in this area planned for autumn this year. For the implementation of the strategic objective and fulfillment of legal obligations, the Central Election Commission of Bosnia and Herzegovina prescribed the Personal Data Form for elected officials, holders of executive functions and advisors, which include personal data, the official function the official performs, information on close and far relatives, information on personal involvement in a public enterprise, private enterprise, the Agency for Privatization, associations and foundations, as well as information on fees, financial and stock interest in an enterprise. Data from personal data forms are used for the creation of database and files of all elected officials, holders of executive functions and advisors. Based on that, verifications into violation of conflict of interest legislation are made. These forms are submitted at the beginning of one s term in office at the request of the Central Election Commission of Bosnia and Herzegovina. In April 2010, the Central Election Commission of Bosnia and Herzegovina amended the Declaration on Property, containing detailed data on income, property, savings and other assets, both for candidates and for their family members. This declaration shall be submitted at the beginning and end of one s term. The Central Election Commission of Bosnia and Herzegovina has the electronic database of elected officials, holders of executive functions and advisors and their potential conflicts of interests and assets, and a database for 107 political parties that participated in any or all elections from 2004 to date. The database features financial statements through which political parties report on their funding sources and expenditures. The Central Election Commission of Bosnia and Herzegovina, in accordance with its powers, implementing the Law on the Council of

74 Ministers, submits to the competent prosecutor's office all forms of candidates for ministers and deputy ministers in the Council of Ministers of Bosnia and Herzegovina, in which it has identified irregularities, such as giving false statements to conceal or change the facts relevant to the decision on their appointment. Office of the Coordinator for Public Administration Reform exercises the overall coordination in the implementation of measures in Action Plan 1 of the Strategy for Public Administration Reform in BiH. The public administration reform requires the improvement of general management capacities through reform of the basic horizontal systems and management structures. The Action Plan 1 contains the agreed actions, planned for the six key policy areas of public administration, aiming to increase the overall capacity of public administration. The key areas are: policy-making and coordination capacity, public finance, human resources, administrative procedures, institutional communications and information technology. The implementation of measures in these six areas contributes directly to one of the main goals of the Strategy for the fight against corruption: increasing the efficiency of existing institutions, with the task of preventing and combating corruption. The overall implementation of measures under the Action Plan on Public Administration Reform Strategy is currently at 39.82%. (April 2010). Aiming to achieve the consistent application of the Freedom of Access to Information Act in Bosnia and Herzegovina, the Service for Foreigners Affairs appointed in May 2010 an Information Officer. The Ombudsman Institution of Bosnia and Herzegovina has been informed of this development; Additionally, we prepared a Guide on Freedom of Access to Information, which is available in the premises of the Service, as well as the web page, in electronic form. As part of the Guide, there is also the format and content of the official form - application for approval of access to information from the index-register of data available to the Service for Foreigners Affairs. This mechanism operates without any difficulties; The service has established an open communication with citizens and clients through mailboxes for suggestions, requests, complaints, etc., available in the main office of the Service, as well as at all field centers;

75 Within its competencies, the Service adopted a Code of Ethics for Employees in the Service for Foreigners Affairs. It is also available on the web page of the Service in electronic form. From the standpoint of legality in the work of officers during implementation of the procedures prescribed, and prevention of other forms of illegal acts, in accordance with regulations of the Service, a fully functioning Inspectorate for Internal Control and Supervision Systems has been set up in the Service for Foreigners Affairs. The Civil Service Agency of the Federation of BiH (FBiH) prepared an initiative to adopt a Law on Amendments to the Law on Civil Service in the Federation, submitted to the Prime Minister of the Federation and the Federation Ministry of Justice. This initiative would embed into the existing text of the Law provisions which regulate the rules of conduct for civil servants upon receiving information about corruption and abuse of office and authority of civil servants in FBiH institutions. The FBiH Civil Service Agency adopted changes and amendments to the Code of Ethics for Civil Servants in FBiH (FBiH Official Gazette issue 82/09) which incorporate provisions to regulate specifically the question of understanding the concept of risk of corruption and concept of ethics, as well as conduct of civil servants in accordance with prescribed rules. At its 139 th session held on 03 September 2009, the Government of Republika Srpska (RS) adopted the Code of Conduct on amending the Code of Conduct Code of the Republika Srpska civil servants. The Code established rules for civil servants on reporting cases suspected of corruption in government administration bodies, as well as the manner of protection for those civil servants who report suspicion of corruption. Also, the above amendment of the Code identified clear rules regulating the transfer of civil servants in the private sector in order to avoid conflict of interest. The Code of Conduct for Civil Servants is available on the website of the RS Civil Service Agency. The RS Ministry of Justice is currently working on preparation of anticorruption action plans. These activities relate to the determination of resources which are crucial for system risk assessment by area, so as to identify all areas where significant risk of corruption exists. This means

76 identification of jobs that are most vulnerable to corruption. In this way, appropriate measures are taken to eliminate this phenomenon. In order to develop a system of corruption indicators, work is underway to provide for the ministry clients and ministry officials to report corruption, such as through specific addresses, sealed mailboxes, e-access to information regarding the work of courts, including the publication of court decisions on the Internet. The RS Ministry of Internal Affairs has taken several measures to date, such as establishing open communication channels as additional incentives for citizens to report corruption. This was done in the form of a mailbox set up police stations, launching of a free phone line/ / with the option of anonymous notification of corruption cases, and notification via . The RS Interior Ministry s website also features information on how to report corruption, including the availability of a guide on rights and obligations of citizens in connection with corruption and a brochure on the rights and procedures for granting of and protection of the rights of citizens, prepared by the RS Interior Ministry. The Ministry is also implementing a scientific and research project titled ''Building the integrity of the RS police against corruption''. This project will be implemented in three phases (assessment of laws, survey research and integrity plan). As part of the project, potential corruption points and jobs susceptible to corruption were identified. The Ministry also implements other projects such as the project "Corruption in Republika Srpska" which studies the perceptions of citizens and relevant institutions on corruption, the structures, mechanisms and forms of corruption, its institutional and organizational incidence, measures and activities to prevent, suppress and sanction corruption. Additional projects were implemented aimed at the improvement and modernization of the police and the criminal police, as well as some logistical services, such as establishing computer networks and compatible software, establishing a legal mechanism for self-processing, made up by the Bureau for Complaints and Petitions of Citizens, the Professional Standards Unit, the Disciplinary Prosecutor and the Disciplinary Court. A Code of Conduct for Police was also adopted.

77 Since 2006, the Ministry has been implementing activities on simplification of procedures within its scope of work, relating to the provision of services to citizens (issuance of documents). Thus, certain procedures were consolidated and deadlines abbreviated in accordance with the limits prescribed by the law. In addition, each employee working on issuing identity documents signs a Statement of Compliance with the Code of Professional Ethics, aiming to perform his/her duties in a conscientious, professional and efficient manner. From November 2009 until February 2010, the RS Interior Ministry, working with EUPM and other police agencies in BiH, conducted a media campaign to bring citizens closer to the police and to encourage citizens to cooperate and report cases of corruption. During the campaign, the aforementioned channels of communication between citizens and police were promoted. In order to prevent corruption within the police at all levels, the Ministry is actively working on introducing new information technology solutions (such as those in the field of traffic police work) that aim to monitor and control the work, all in order to combat corruption and improve the police work. The RS Ministry of Health and Social Welfare adopted an Action Plan on Implementation of Anti-corruption Strategy in Republika Srpska. Complying with the Action Plan for Implementation of Anti-corruption Strategy in Republika Srpska, the Ministry undertook certain activities to implement the Action Plan, reflected in the following: - Establishment of a committee to analyze the implementation of the Action Plan for implementation of anti-corruption strategy in Republika Srpska (hereinafter the Committee), whose task is to continuously analyze the implementation and to submit reports to the RS Government, - The Committee, together with the Minister and all employees, held a meeting to familiarize all employees with the Action Plan and measures planned within the Ministry to comply with the Action Plan; - Appointment of a committee to review regulations and propose changes and amendments to the existing or adopt new regulations in the areas of health and social care. This committee submits regular reports, - Establishment of a Committee for Internal Control, which reports regularly. Occasionally, ad hoc committees are set up, tasked with

78 examining spending on individual items and to determine the potential liability of employees in question, - In order to apply international standards in the health sector, all employees were familiarized with international standards, i.e. EU directives, as well as activities on harmonization of national legislation, - At the Ministry level, it was agreed to hold a meeting with directors of healthcare institutions and social protection institutions as well as management of the RS Health Insurance Fund to discuss the aims and activities of the Action Plan as well as measures that must be taken to eliminate and suppress elements of corruption within these institutions, - Planning and organization of meetings with professional associations and NGOs to strengthen mutual cooperation in the fight against corruption, - The project "Introduction of Quality system and Management Systems in Healthcare Institutions" is in progress. Hospital management (executives and middle management level) are trained in the field of management and quality management. This training should be completed by mid-2010 and by the year s end for health clinic directors. The new Law on Healthcare stipulates the establishment of organizational units for quality. At hospital level, quality coordinators continue to receive training, - Senior Public Affairs Officer monitors regularly all activities of the Ministry and notifies the public about them. Also, all major decisions are available on the website of the Ministry. - From its start, the Ministry has been involved in the project "guillotine of regulations", thus seeking to simplify procedures for citizens wishing to obtain certain documents. That directly contributes to reducing the possible abuse by government officials in issuing certain approvals. In fulfilling Objective 2, the Police of Brcko District of Bosnia and Herzegovina, undertook the following: - A police officer was designated to process requests for free access to information. - One of the main objectives defined by the Strategic Plan of Brcko District Police, for the period , is the increased efficiency of the police in the fight against internal and external corruption. - Continuous media promotion of "Krimolovci hotline ;

79 - Continuous media promotion of the Brcko District police "Hot Line" ; - The home page of Brcko District police web site features the slogan "report corruption", displaying the phone number 049/ ; - Promotes campaigns relating to corruption, titled "Dare!" "Your police" and "Corruption takes everything"; - boxes were set up in high schools, the Faculty of Economics, as well as local communities, where citizens can anonymously submit the reports and information about corruption; - radio shows were aired on local radio stations (Radio Brcko, Radio Valentino), discussing corruption and explaining to citizens how to report acts of corruption, - In the framework of activities defined by the Brcko District Police Strategic Plan for the period , the police issued three police bulletins, titled "Police of Brcko District - YOUR POLICE". In all issues, the Krimolovci phone number and the police line for prevention of corruption were promoted. - Within the process of building capacity to combat corruption in the Police of Brcko District, organizational segments responsible for the investigation of corruption (Professional Standards Unit and the Department of Economic Crime and Corruption in Crime Police Unit) were established. - Following our strategic commitment in this area, the Police of Brcko District of BiH introduced modern technologies in its daily work, wishing to limit the space for corrupt activities. These technologies include: audio recording device for calls made to number 122, the laser radar for measuring vehicle speed with a memory-record, special telephone number to report police acts of corruption, video recording of admission rooms and vehicle registration facilities, GPRS positioning of police officers, stationary radar with photo recording feature, etc. - The Brcko District Police has adopted its own Code of Ethics for police officers of Brcko District. 3. Education, training and public information The BiH Civil Service Agency BiH organizes regularly training courses for newly recruited civil servants. One of the modules of training is also Ethics in public administration. In addition to the ethics module, another module of training for newly recruited staff (which lasts all week, eight hours a day, and must be attended by each civil servants)

80 includes the Behavioral Code of Conduct for Civil Servants (for now de lege ferenda). Although not adopted as yet, the Code is taught as a separate module. At the end of this year and next year, we are planning a module for managers in public administration, related to ethics in public administration. Once the Code is adopted, the Behavioral Code of Conduct and Fight against Corruption will also be covered. Activities are underway to complete the structure and launch the operation of the Agency for Education and Professional Development. The Agency will be responsible to organize and implement training, professional development and specialized courses for police and other services and agencies in the field of security. This includes basic, specialized, continuous training and other forms of first-and secondlevel education. The agency has taken steps to create the preconditions for the commencement of the main activities through development of curricula. Proposed curricula for cadet basic training - level I and II, to obtain the rank of "police officer" or "junior inspector" are currently being reviewed for approval by police agencies, after which they will be submitted to the Minister of Security of BiH for adoption. The mentioned curricula are designed to facilitate the application of qualitatively new practices, following democratic principles. Considerable attention was paid to the prevention of corruption, so that future police officers may acquire through training basic knowledge about corruption, the legal framework to prevent corruption and activities in the fight against corruption. The Service for Foreigners Affairs has improved its relations with the public in terms of transparency in their work, presenting the results achieved and the situation in this area, as well as creating a positive image of the Service by the public. The RS Ministry of Internal Affairs invested considerable effort in organizing training for police officers, particularly in terms of using the modalities of the TAIEX, the European Commission. A number of seminars were organized through this, and a few were particularly relevant to strengthening the capacity to fight corruption. The topics of these seminars were: "Measures to combat against corruption, "Confiscation of assets acquired through criminal activities", Financial Crime and Investigation" and others. Planning and organizing training on preventing and combating corruption will continue in the future, encompassing like before, all relevant actors in the fight against corruption in BiH. The RS Center for Education of Judges and Prosecutors organized in 2009 a seminar for judges and prosecutors on the subject of "Criminal acts against official duty". The seminar discussed criminal acts of

81 corruption and their manifestations, detection and prosecution of such cases. Organized by ICITAP, the Centre also hosted two five-day courses for prosecutors and members of law enforcement agencies on "financial investigation". The training program of the RS Center for Education of Judges and Prosecutors for 2010 envisages a seminar on "The forfeiture of proceeds of crime". At that seminar, the participants will have the opportunity to acquaint themselves with the provisions of the Law on forfeiture of property acquired by criminal acts. It is also planned to organize a conference titled "The fight against organized crime and corruption in BiH, which will be a joint activity with the FBiH Center for Education of Judges and Prosecutors, in October 2010 in Mostar. The RS Civil Service Agency organized on 10 November 2009, a one-day training on "Corruption and the fight against corruption." Mrs Gordana Čenić-Jotanović, professor at the University of Banja Luka - Faculty of Economics in Banja Luka, delivered the training. The training participants were invited from 3 institutions, namely: the RS Administration for Inspection, Tax Administration and Civil Service Agency. Training was attended by 20 participants. Representatives of the Police of Brcko District inform the public through the media about the measures and actions taken by the police to prevent internal and external corruption; media campaigns were conducted via the local television and local radio stations to promote police telephone lines for anonymous reporting on corruption, as well as to present the Brcko District Police Action Plan to Combat Corruption; As part of the campaign Corruption takes everything organized by NGOs and the EUPM, a two-day seminar was held at Hotel Europe in Brcko. The seminar was attended by the presidents of local communities in the area of Brcko District, pedagogues from elementary and secondary schools, representatives of OHR, OSCE and EUPM, Brcko District Government and other citizens. Police Brcko District representatives, including the chief of police and the spokesperson and the head of tax administration, delivered presentations at the seminar. The seminar featured presentations on definitions of corruption, its identification, and the measures and actions taken by police to suppress both internal and external

82 corruption. The attendees and subsequent media reports assessed the seminar as positive, which certainly had a significant impact on creating a positive public image of police in the fight against corruption. Police officers participated on several occasions at academic events where they presented academic and professional papers on the topic of corruption. For example, in May 2010, an international expert conference was organized at the Faculty of Criminal Sciences, Criminology and Security Studies. The conference discussed corruption: prevention and institutional suppression. The academic paper prepared jointly by the chief of police and Brcko District spokesperson, titled Prevention of Corruption among Brcko District Police Officers, was selected for presentation at the conference. 4. Implementation of the Law The Law on Amendments to the Criminal Code of BiH (Official Gazette issue 10/08) was adopted. These changes and amendments introduce a new article 110a "Extended Confiscation of Proceeds of Crime." Pursuant to the above provision, when criminal proceedings are pending for criminal offenses referred to in Chapters XVII, XVIII, XIX, XXI, XXI.A. and XXII of the Criminal Code of BiH, the court may confiscate that material profit for which the prosecutor provides sufficient evidence to reasonably believe that such profit was obtained by commission of these criminal acts and the perpetrator has not provided evidence that the profit was lawfully acquired. The Law prescribes harmonization of relevant entity and Brcko District legislation with the Criminal Code of BiH within 90 days from the date of entry into force of this Code. At its 35 th session on 25/01/2010, the RS National Assembly adopted the Draft Law on Forfeiture of Proceeds of Crime (RS Official Gazette, issue 12/10). The law regulates the conditions, procedures and authorities responsible for the detection, removal and management of proceeds from crime. The Law also prescribes the establishment of a special agency for the management of seized assets. With permanent activities at the operational level, the RS Ministry of Internal Affairs contributes to the fight against corruption and has achieved significant results in this regard. The Ministry has led and completed several significant investigations in cases of corruption,

83 usually related to abuse of office, against a significant number of persons, among whom there were police officers and managers of public institutions and large enterprises. Relevant statistics about this can be submitted if they are deemed important for this report. Pursuant to the Law on Forfeiture of Proceeds of Crime, a Department for Financial Investigations was recently established within the RS MUP, giving an additional contribution to developing the capacity to fight corruption within our institution. The program objectives of the Brcko District Police for 2010, as defined in the 2010 Work Plan, identify measures that can be taken to increase the number of processed corruption cases in Financial and material pre-requisites are in place. There exist in Brcko District Police material and technical requirements to apply special investigative measures in documenting the crimes of corruption. The responsible Prosecutor and the Court were requested the issuance of orders on use of special investigative measures. The Brcko District Police continuously nominates, in accordance with its capabilities, police officers for attendance at different types of specialized training in the subject area. The criminal legislation of Brcko District was harmonized with the criminal legislation of Bosnia and Herzegovina. The Brcko District Police continuously improves procedures in order to prevent abuse of power of its employees (instructions, directions, orders). Within its competencies, the High Judicial and Prosecutorial Council of BiH (HJPC) oversees training of judges and prosecutors, and advises the entity centers for training of judges and prosecutors and judicial commission of Brcko District of Bosnia and Herzegovina in connection with the adoption of professional training programs for judges and prosecutors. HJPC participated in drafting the programs of centers for the education of judges and prosecutors, envisaging the following training: - Conference: "The fight against organized crime and corruption in Bosnia and Herzegovina, Mostar, 14 and 15 July The planned topics: human trafficking, investigation and prosecution of financial

84 crime, investigating economic crime, criminal offenses related to organized crime and corruption, responsibility of legal persons for criminal offenses. - Symposium "Organized crime, high-tech crime: experiences from practice", Neum, 3-5 June 2010, envisaged topics: Seizure of property whose legal origin is not proven, confiscation of property acquired through crime. These trainings were organized in cooperation between the FBiH and RS centers for education of judges and prosecutors. Representatives of the judicial authorities of Bosnia and Herzegovina participated in the summer school for judges and prosecutors on "Implementation of international instruments to combat corruption," organized by the Regional Anti-corruption Initiative, and held during from 31 May to 06 June 2010 in Albania. 5. Coordination and Implementation of the Strategy According to the Strategy for Combating Corruption and the Law on Agency for the Prevention of Corruption and Coordination of the Fight against Corruption, the newly established Agency will have the task of coordinating and monitoring the implementation of the Action Plan related to Strategy for Combating Corruption ( ). Until the Agency begins operating in its full capacity, the Ministry of Security of Bosnia and Herzegovina will undertake activities to monitor continuously the implementation of the Action Plan. To implement the measures and activities in the Action Plan in BiH, the RS Ministry of Internal Affairs (RS MUP) is in the process of forming its own working group, ie. a team composed of representatives of all relevant organizational units of the RS MUP, which will contribute to drafting a comprehensive plan of action against corruption, and implementation of other activities arising from the Action Plan for implementation of strategies to combat and prevent corruption. 6. International cooperation Bosnia and Herzegovina continues with activities in international and regional bodies and initiatives to combat corruption, primarily through

85 the initiative of the Council of Europe GRECO (Group of countries in the fight against corruption), the CDPC's (Council of Europe Committee on Crime Problems) and regional anti-corruption Initiative (RAI). GRECO has sent the invitation for the III round of evaluation for Bosnia and Herzegovina, which will be held in The Ministry of Security of Bosnia and Herzegovina, in cooperation with other relevant institutions in BiH, prepared answers to evaluation questionnaires for the third round, delivered them to the Secretariat of GRECO, respecting the given deadline of 21 June Between 20 and 24 September 2010, the GRECO evaluation team will visit Bosnia and Herzegovina. Judicial authorities in Bosnia and Herzegovina and the BiH police agencies participated in the project "Research on integrity and opposition to corruption in the judicial and police system in the countries of Southeast Europe". The project was implemented in collaboration with the Regional Cooperation Council (RCC), the Regional Anti-Corruption Initiative (RAI) and Transparency International-Romania. The aim of this project is the improvement of national and regional capacities in preventing and combating corruption, with an emphasis on "corruption at the highest level, as well as existing mechanisms for harmonization with international standards and best practices. The research is trying to identify the main challenges and weaknesses in the fight against corruption, in order to achieve greater efficiency in the processes of corruption investigation and prosecution. Research target groups include representatives of the courts, prosecutor s offices and police agencies, working in the field of combating corruption, with the main objective of data collection and analysis of their experience in investigating and prosecuting crimes of corruption, the perception of corruption in their professional work, weaknesses of the justice system that contribute to corruption and the reforms needed in this area. The Ministry of Security of BiH, together with the Ministry of Justice of Romania, the RCC and the RAI, organized on 22 and 23 May 2010 a conference to present the results of the above research, and adopted conclusions on the future steps in the use of research for the overall fight against corruption in Bosnia and other countries of Southeast Europe. Representatives of BiH participated in the following international conferences and workshops: - During the period December regional conference on "Strengthening regional cooperation in implementing the UN

86 Convention on Combating Corruption", held on the occasion of International Day Against Corruption. The conference was held in Sofia-Bulgaria, organized by UNODC and the Ministry of Justice of Bulgaria. - Workshop "Strengthening regional cooperation in the return of funds generated by corruption", held during the period from 2 to 4 December 2009 in Sofia, organized by UNODC, the World Bank and OLAF; - Conference "Best practices in fighting corruption," from 16 to 18 March 2010, was organized by the Center for Security Studies George C. Marshall Center. - International conference "International cooperation in the areas of conflict of interest and declaration of property, May 2010 in Tirana-Albania.

87 ANNEX III Report on implementation of the EU funded project Assistance to the Ministry of Security, Ministry of Foreign Affairs, Ministry for Human Rights and Refugees and other competent authorities in effectively managing migration The European Union funded project Assistance to the Ministry of Security, Ministry of Foreign Affairs, Ministry for Human Rights and Refugees and other competent authorities in effectively managing migration has been officially launched at the beginning of The overall objective of the project is to ensure that BiH authorities practice effective migration management and suppression of illegal activities related to smuggling of migrants and trafficking of human beings in accordance with the EU standards. The European Union provided for this Twinning project from IPA funds while the Dutch Immigration and Naturalization Service, and Danish Immigration Service shall ensure qualified and experienced experts for its implementation, supported by experts from three other EU member states, namely Czech Republic, Finland and Slovakia. The duration of the project is 18 months and main beneficiary is BiH Ministry of Security, together with its agencies SIPA, Border Police and Service for Foreigners Affairs, as well as BiH Ministry of Foreign Affairs, and Ministry for Human Rights and Refugees. PART I REPORTING ON THE ACCOMPLISHED ACTIVITIES I In reference to the point 1) The strengthening of capacities of law enforcement and the effective implementation of the legal framework for the fight against organized crime and corruption, including through the allocation of adequate human and financial resources: Strengthening the administrative and investigative capacities of the law enforcement authorities, o Providing specialized training aimed at further developing investigative means and intelligence-led investigations: we can inform you that the following specialized trainings within the Twinning project have been provided or else consultations between the Project short-term experts and relevant agencies have been held in order to assess needs for trainings that will be preformed until the end of the Project:

88 Training of undercover agents aimed at discovering organized trafficking and smuggling of human beings Consultations between the State Investigation and Protection Agency and the STE Mr Jan De Kleine (Dutch National Police Services Agency) were carried out between 30 and 31 March 2010 as the first step in the activity which aims to produce concrete findings on specific training needs and priorities for staff selected to become future trainers. During this activity the STE was able to identify all specific needs of the Agency and agree on the approach for the future education within this activity to be held by the end of Furthermore, on the second day, representatives of two other police agencies also took part in the activity. As anticipated, this activity appears to be very relevant and useful for entity police agencies, the police of Brcko District and Public Prosecutor, so it was agreed that they also would participate in the seminar planned for the December 2010 and February Specialized training on falsified and forged documents and trends This activity is organized for 65 participants in total of which: 7 from the Ministry of Foreign Affairs, 4 from SIPA, 4 from Service for Foreigners Affairs, 27 from Border Police, 20 Service for Foreigners Affairs, 3 from Sector for Asylum. The activity took place at 3 different locations (Ministry of Security on 12 April, Headquarters of Border Police on 13 and 15 April and Police academy on 14 April). The seminar focused on profiling, impostor detection and technical aspects in documents. The seminar took place between 12th until the 15th of April 2010, led by Dutch expert Mr Ramon Neeter (Expertise Centre Identity Fraud and Documents, Training Department, The Netherlands) and Danish experts Mr Frank Schjøtler (Danish National Police, Aliens Division) and Mr Kurt Mariegaard (Danish National Police, Aliens Division). Training on principles and recent developments in the area of illegal migration, asylum, border control, readmission and trends Employees of the Ministry of Security (MoS) : Sector for Asylum (SfA) and Sector for Migration(SfM) ; Border Police (BP), State Investigation and Protection Agency (SIPA), Service for Foreigners Affairs (SfFA) and Ministry of Foreign Affairs (MoFA) were updated on general principles and recent developments in the area of illegal migration, asylum, border control, readmission and trends. The aim of the training was to address the principles and recent developments in the work of all stakeholders in the chain, starting from the moment of a request for a visa, entrance, staying permit procedure/asylum up to possible removal since all of these segments of migration are interconnected, and therefore influence each other. The objective of the training was to build capacity in the area of migration management in relevant migration agencies through training in recent developments in the work of all stakeholders in the chain. The training was conducted from 8 th until 11 June 2010 and was led by Dutch experts Mr Tom Kuster (Dutch Ministry of Defence, Royal Marechaussee) and Mr Andro Stelk (the Dutch Immigration and Naturalisation Service). Training the Risk Analysis Center of the BH Border Police

89 This activity aimed to improve the analyses of risks related to border. The training was conducted from 13th until the 14th of April 2010, led by Finnish expert Mr Mika Suomalainen (the Finnish Border Guard). On day 1, the Finish STE was informed by the representatives of the Risk Analysis Center at Sarajevo airport about the tasks of this Center, its cooperation with agencies and ministries involved in border and migration management, its products and results. On day 2 of the activity, the STE gave an insight in the work of The Finnish Border Guard as an organisation and covered subjects such as: information flow in border management, field management, risk analysis as a tool (tactical, operational, and strategic), situation awareness as a base for decision making, etc. Furthermore, all other project activities related to this Center have been planed, including the possible program of study visit to Finland, which will take place in second half of Training on protection of witnesses of organised crime and implementation of the Witness Protection Programme 21 employees of Witness Protection Programme (SIPA) were trained in protection of witnesses of organised crime and implementation of the Witness Protection Programme by experts from the Witness Protection Programme Unit from Slovakia (Ms Jana Steinbichler, Mr Ľudovít Urgas and Mr Ján Kučerák).The selected topics covered wide range of issues agreed between the short term experts and trainees including: witness protection, structure, methods, regulations and legislation, financial rules and policy, international cooperation. The training was conducted from 24th to 27th May Furthermore, four employees of SIPA will conduct a study visit to Bratislava, Slovakia in order to get familiar with Slovakian procedures and best practices. Sttudy visit will take place from 21 June until 25 June II In reference to the point Reporting on improving operational cooperation between law enforcement agencies in the fight against organized crime and corruption o Initiatives to reinforce systematic cooperation and exchange of intelligence amongst different agencies we report that the following activities within the Twinning project have been carried out: Assessment and follow up to with regard to the functionality of the B&H ministry of Security, B&H Ministry for Foreign Affairs, B&H Ministry for Human Rights and Refugees and other competent authorities involved in migration management Assessment with regard to the functionality of the MoS, MFA, MHRR and other competent authorities involved in migration management was carried

90 out between 14 to 20 March 2010 and led by Danish experts Anreas Alsoe (Danish Ministry for Refugee, Immigration and Integration Affairs, International Division) and Elmir Tartic (Danish Ministry for Refugee, Immigration and Integration Affairs. After more than 20 meetings held, the current structure and organisation and the way in which migration management is organised in BiH has been mapped. The assessment resulted with the Report written and recommendations delivered to all stakeholders. A Working Group, comprising of the representatives from the relevant migration authorities, has been established in order to consider the proposed recommendations and their future implementation. A first meeting of the Working group was held on 18 and 19 May Consultations/coordination meeting of training units The consultations held between 1st until 3rd of June 2010 with the objective to define approach for future train the trainer programme and cooperation/coordination mechanism of training units of BiH migration agencies: Service for Foreigners Affairs, Sector for Asylum, Border Police, Sector for Immigration, State Investigation and Protection Agency, B&H Ministry for Foreign Affairs, B&H Ministry for Human Rights and Refugees. The Dutch experts Ms Ingeborg Vorstenbosch de Haas and Ms Barbara Pees (the Dutch Immigration and Naturalisation Service, Knowledge and Training Centre) met with their BiH colleagues from the various training units. Following previously agreed topics for discussion, two separate one-day consultative meetings were organized with participants split into two groups. After their separate meetings, the groups held a plenary meeting on 3 June to discuss the planning for the future activities of the project, the education to be provided and the role of each of the stakeholders. Coordination and cooperation between stakeholders involved in the migration system One of the components of the Twinning Project Assistance to the Ministry of Security, Ministry for Foreign Affairs, Ministry for Human Rights and Refugees and other authorities in effectively managing migration is the component of coordination and cooperation between stakeholders involved in the migration system. The objective of the is to get an overview of the current situation regarding cooperation and coordination among state institutions in the field of anti-trafficking and to assist the relevant stakeholders in the improvement of the coordination and cooperation mechanism related to combating human trafficking and organized crime aspects. The component comprises of the activities related to Assessment, Enhancing cooperation between stakeholders, Exchange of information and Common guidelines on implementation of standards. The first assessment with regard to anti-trafficking aspects of migration management, as well as coordination and cooperation, led by the Dutch experts Ms Tatjana Vucenovic (the Dutch Immigration and Naturalisation Service, the Ministry of Justice) and Mr Ruud Hilgers (the Dutch National Public Prosecution Office) was conducted between 15th and 19th of March, with participation of the representatives from Ministry of Security, Ministry of Foreign Affairs, Ministry for Human Rights and Refugees, State

91 Investigation and Protection Agency, Border Police, Service for Foreign Affairs, local police institutions as well as representatives from other oragnizations such as OHR, EUPM, OSCE, IOM and local NOGs. The assessment resulted with the Report written and recommendations delivered to all stakeholders. A Working Group, comprising of the representatives from the relevant migration authorities (B&H Ministry of Security - Sector for Immigration, Investigation and Protection Agency, Border Police, Service for Foreigners Affairs, B&H Ministry for Human Rights and Refugees) has been established with the main task to review all recommendations proposed by the experts and further recommend those that could be implemented in practice or to advise whether additional changes in the national legislation would be needed for recommendation to be implemented. The working group first met on 27 and 28 April and discussed the recommendations related to: a) legislation: the need for more coherence of criminal law provisions on state and entity level; b) investigation and prosecution of THB, evidence-gathering, mock court; profiling, (victims, perpetrators, modus operandi); c) special investigative methods, like undercover activities, running of informants; criminal analysis and strategy (e.g. OCTA); witness-protection; Working-agreements with regard to competence and coordination of investigation and prosecution of THBcases (working out of an institutional chart describing communication lines, way of handing over of cases and/or cooperation), so a fine-tuning of the coordination and cooperation in the anti-trafficking field in BiH, also in relation to administrative public bodies, d) integral approach: involving a broader spectre of strategic partners in the actions against THB, study of implications of decriminalising prostitution; e) managing training f) raising public awareness regarding labour related exploitation, including begging; g) fine-tuning of the coordination and cooperation in the antitrafficking field. Following proposed recommendations the activity aimed at cooperation between all stakeholders was held on 9 and 10 June In this particular activity representatives from Public Prosecutor s Office, Court of Bosnia and Herzegovina, Federal Ministry of Interior, Ministry of Interior of Republic Srpska, Police of Brcko District and Center for Social Care also participated. Based on recommendations and conclusions from the assessment and during the follow-up, approach will be chosen for enhancing cooperation between the stakeholders involved was discussed. Based on that, the concrete activities are to be organised in the upcoming months. III In reference to the point Reporting on continued implementation of the Action Plan on the fight against corruption, including strengthening the institutional capacities. N/A

92 IV In reference to the point Reporting on investigative and judicial activities undertaken by the competent authorities in cases of organized crime and corruption we report that the following activities within the Twinning project have been carried out: Training of undercover agents aimed at discovering organized trafficking and smuggling of human beings Consultations between the State Investigation and Protection Agency and the STE Mr. Jan De Kleine (Dutch National Police Services Agency) were carried out between 30 and 31 March 2010 as the first step in the activity which aims to produce concrete findings on specific training needs and priorities for staff selected to become future trainers. During this activity the STE was able to identify all specific needs of the agency and agree on the approach for the future education within this activity to be held by the end of Furthermore, on the second day, representatives of two other police agencies also took part in the activity. As anticipated, this activity appears to be very relevant and useful for entity police agencies, the police of Brcko District and Public Prosecutor, so it was agreed that they too would participate in the seminar planned for the months 11 and 13 of the project (also relevant and reported under previous point). Training on protection of witnesses of organised crime and implementation of the Witness Protection Programme 21 employees of Witness Protection Programme (SIPA) were trained in protection of witnesses of organised crime and implementation of the Witness Protection Programme by experts from the Witness Protection Programme Unit from Slovakia (Ms Jana Steinbichler, Mr Ľudovít Urgas and Mr Ján Kučerák).The selected topics covered wide range of issues agreed between the short term experts and trainees including: witness protection, structure, methods, regulations and legislation, financial rules and policy, international cooperation. The training was conducted from 24th to 27th May 2010 (also relevant and reported under previous point). Study visit to EU MS for employees of the Witness Protection Programme A study visit is organised for four managers from the State Investigation and Protection Agency Witness Protection Programme, from 21 to 25 June 2010, to Slovakia in order to get insight into the position of the Unit for Witness Protection in relation to equipment and technology, and a concrete picture of how the organisation is structured, methods, legal normative regulations, and training facilities Coordination and cooperation between stakeholders involved in the migration system

93 One of the components of the Twinning Project Assistance to the Ministry of Security, Ministry for Foreign Affairs, Ministry for Human Rights and Refugees and other authorities in effectively managing migration is the component of coordination and cooperation between stakeholders involved in the migration system. The objective of the is to get an overview of the current situation regarding cooperation and coordination among state institutions in the field of anti-trafficking and to assist the relevant stakeholders in the improvement of the coordination and cooperation mechanism related to combating human trafficking and organized crime aspects. The component comprises of the activities related to Assessment, Enhancing cooperation between stakeholders, Exchange of information and Common guidelines on implementation of standards. The first assessment with regard to anti-trafficking aspects of migration management, as well as coordination and cooperation, led by the Dutch experts Ms Tatjana Vucenovic ( the Dutch Immigration and Naturalisation Service, the Ministry of Justice) and Mr Ruud Hilgers (the Dutch National Public Prosecution Office) was conducted between 15th and 19th of March, with participation of the representatives from Ministry of Security, Ministry of Foreign Affairs, Ministry for Human Rights and Refugees, State Investigation and Protection Agency, Border Police, Service for Foreign Affairs, local police institutions as well as representatives from other oragnizations such as EUPM, OSCE, IOM and local NOGs.The assessment resulted with the Report written and recommendations delivered to all stakeholders. A Working Group, comprising of the representatives from the relevant migration authorities (B&H Ministry of Security - Sector for Immigration, Investigation and Protection Agency, Border Police, Service for Foreigners Affairs, B&H Ministry for Human Rights and Refugees) has been established with the main task to review all recommendations proposed by the experts and further recommend those that could be implemented in practice or to advise whether additional changes in the national legislation would be needed for recommendation to be implemented. The working group met on 27 and 28 April and discussed the recommendation related to: a) legislation: the need for more coherence of criminal law provisions on state and entity level, b) investigation and prosecution of THB, evidence-gathering, mock court; profiling, (victims, perpetrators, modus operandi); c) special investigative methods, like undercover activities, running of informants; criminal analysis and strategy (e.g. OCTA); witness-protection; Working-agreements with regard to competence and coordination of investigation and prosecution of THB-cases (working out of an institutional chart describing communication lines, way of handing over of cases and/or cooperation), so a fine-tuning of the coordination and cooperation in the anti-trafficking field in BiH, also in relation to administrative public bodies, d) integral approach: involving a broader spectre of strategic partners in the actions against THB, study of implications of decriminalising prostitution; e) managing training f) raising public awareness regarding labour related exploitation, including

94 begging; g) fine-tuning of the coordination and cooperation in the antitrafficking field. Following proposed recommendation the activity the aimed at cooperation between all stakeholders was held between 9 and 10 June In this particular activity representatives from Public Prosecutor s Office, Court of Bosnia and Herzegovina, Federal Ministry of Interior, Ministry of Interior of Republic Srpska, Police of Brcko District and Center for Social Care also participated. Based on recommendations and conclusions from the assessment and during the follow-up, approach will be chosen for enhancing cooperation between the stakeholders involved was discussed. Based on that, the concrete activities are to be organised in the upcoming months (also relevant and reported under previous point). PART II - REPORTING ON THE UPCOMING PROJECT ACTIVITIES (TO BE COMPLETED BY THE END OF PROJECT JUNE 2011) In the continuation of the project many activities in the reference to the points raised are to follow and be completed by June Ia In reference to the point 1) The strengthening of capacities of law enforcement and the effective implementation of the legal framework for the fight against organized crime and corruption, including through the allocation of adequate human and financial resources: Strengthening the administrative and investigative capacities of the law enforcement authorities, o Providing specialized training aimed at further developing investigative means and intelligence-led investigations: Training course on didactic skills for future trainers Thirty future trainers will be trained on didactics and presentation 12 from SfFA, 1-2 from SfM, 2 from MHHR, 3 from MFA, 2 from SIPA, 4 from BP, up to 5 from SfA) by the end of Due to the rather practical subjects that they will have to teach, and given the fact that there are many people to be trained from the various stakeholders, for efficiency reasons, the following approach has been chosen. Two groups of 15 persons will be trained: one on training groups and one on coaching. Both groups will be trained on intervision, a tool through which professionals consult each other in a structured way on

95 issues that they are confronted with in their daily work with the aim to gain new ideas and enhance the quality of their work. In some cases, the trainers will take part in study visits to EU MS, where they will also receive additional information for the training courses that they will in the future give. The future trainers will be asked to define cases during the study visits with the STAR method (defining the Situation, the Task, Action taken and finally the Results observed). In addition, they will be responsible for the writing of a manual on the transfer of knowledge in their particular fields of expertise. They will be supported in that by the MS STE. Seminar on issuing IDs and registration This seminar will go into the work of the support unit of the Sector for Asylum (SfA), but relates to the work and responsibilities of the other units of the Sector too, as well as to the Service for Foreigners Affairs (SFA) and Border Police. The following topics will be addressed: the technicalities of registration of asylum seekers: dactyloscopy, taking pictures, issuing IDs; Data (databases, obligatory data such as the EU regulation on Migration Statistics, definitions, reporting, data storage & exchange, data protection). The seminar will last 3 days and will be held in one week in order to reach an audience of 30 persons in total. The group of trainees will be mixed. Before the data part of the Seminar, the first afternoon two Dutch experts will visit several locations of the Ministry of Security in order to get a better impression of the Bosnian IT-system, of its possibilities and necessities. The second day, the Dutch experts will share their experiences and knowledge with the Bosnian participants on the abovementioned topics. The seminar is scheduled for September Training on prevention, discovery and investigation of crimes related to trafficking in human beings The Crime Investigations Department of the State Investigation and Protection Agency (SIPA) will receive training on prevention, discovery and investigation of crimes related to trafficking in human beings, also focusing on children. The training is scheduled for September Study visit to EU MS for future trainers on prevention, discovery and investigation of crimes related to trafficking in human beings The future trainers from SIPA, Border Police and SfFA will visit Netherlands in order to get acquainted with best practices in other countries. Training on best practices/schengen rules and possible abuse of the visa issuance procedure An interactive seminar will be organized for representatives of MFA, BP and SfFA on best practices/schengen rules and interviewing during visa issuance procedure to combat abuse of procedures (labour, study, scientific purposes, family reunion) and modus operandi. It is expected that as an outcome activity provide recommendations for enhancing cooperation and thus effect in combating abuse of visa. The training is scheduled for September 2010.

96 Drafting of guidelines on implementation of standards and training on implementation of standards (including protection) A seminar on standards and best practices on the fight against trafficking in human beings and protection of victims (including children) will take place. It will be followed by a workshop during which an introduction will be given and an agreement will be reached on the drafting guidelines. Two EU MS will support the Bosnian counterpart in the drafting in guidelines through consultations. Upon finalisation of the guidelines, training will be given on the elaborated implementation of standards, including standards on the protection of victims (including rights) for stakeholders who are in the position to recognise victims of trafficking and who work with/in safehouses (Sector for Migration, MHRR, 2-3 from the department for investigation of SIPA, 1 for the protection of witnesses of SIPA, the Service for Foreigners Affairs, the Border Police, and Sector for Asylum trainers and senior management.) The training will be repeated twice in a week, so a big group (2x15 persons) can be reached. Specialised training of trainers on investigation and documentation A specialised training will be given by the end of 2010 on the investigation and documentation of organised crime related to trafficking in human beings and illegal migration. This training will be for the SIPA s Crime Investigations Department trainers and the Border Police. Training of undercover agents aimed at discovering organised trafficking and smuggling of human beings Following the consultations performed in March 2010, Training will take place of future trainers of SIPA s Crime Investigation Department s future undercover agents with a view to discovering organised trafficking and smuggling of human beings. The activity will consist of the Training of trainers and a Follow-up to training of trainers through interactive seminar. The activity is scheduled to be completed by February Training on recognising, interviewing and treatment of victims of trafficking The contact with victims of trafficking requires a different approach from the approach of people who are suspected of trafficking or smuggling illegal migrants. This is why another training course will be given to address this specific group of people. To that end, four 2-day seminars will be held on interviewing and recognising victims, cooperation between the various services and data-exchange. As all stakeholders dealing with migration might come across victims of trafficking in their work, they all will be involved in this training. By forming groups of trainees in which all stakeholders are represented, the target group will get more acquainted with each other s work, and the role that each of them play in the chain of organisations who deal with migration. Risk analysis seminar for Common Risk Analysis Centre A Risk analysis seminar will take place for the Common Risk Analysis Centre, consisting of Border Police, Sector for Migration and the Service for Foreigners Affairs. After the seminar the recommendations will be

97 formulated and best practices identified on risk analyses and exchange of information. The activity is scheduled for March Specialised training on profiling and recognising illegal migrants during border control A specialised seminar will take place for the Border Police on a) profiling, recognising and interviewing illegal migrants/smuggled people during border control, b) control of vehicles and other specifics of the control of land borders (by expert on land borders, Finland). Another training will be given to the employees of several Border Crossing Points (BCPs) at the land borders. IIa In reference to the point Reporting on improving operational cooperation between law enforcement agencies in the fight against organized crime and corruption o Initiatives to reinforce systematic cooperation and exchange of intelligence amongst different agencies Seminar on treatment and protection of victims of trafficking or smuggling Consultations will take place from 28 until 29 June 2010 with the MHHR, SIPA and SfM senior management on protection and treatment of victims of trafficking or smuggling. Topics that will be dealt with are: protection policy, access to rights (social security, education, integration). Together with the participants and Project short-term experts, recommendations will be identified for improving practice in BiH. Training on recognising, interviewing and treatment of victims of trafficking The contact with victims of trafficking requires a different approach from the approach of people who are suspected of trafficking or smuggling illegal migrants. This is why another training course will be given to address this specific group of people. To that end, four 2-day seminars will be held on interviewing and recognising victims, cooperation between the various services and data-exchange. As all stakeholders dealing with migration might come across victims of trafficking in their work, they all will be involved in this training. By forming groups of trainees in which all stakeholders are represented, the target group will get more acquainted with each other s work, and the role that each of them play in the chain of organisations who deal with migration. Risk analysis seminar for Common Risk Analysis Centre A Risk analysis seminar will take place for the Common Risk Analysis Centre, consisting of Border Police, Sector for Migration and the Service for Foreigners Affairs. After the seminar the recommendations will be formulated and best practices identified on risk analyses and exchange of information. The activity is scheduled for March 2011.

98 Round table on exchange of information After the seminar on Risk Analysis, a round table will take place about the exchange of information. During this activity, the actual implementation of the results of risk analysis will be discussed as well as best practices. The activity is scheduled for March Common seminar on removal and readmission Upon finalisation of the legislative part, a common seminar will take place on removal and readmission for SFA, MHRR, BP, SfA and SfM. The seminar will go into practical aspects of the Directive on Return, 2008/115 EC. Through an interactive seminar, the output of the activity will be trained personnel and recommendations on enhancing cooperation between stockholders identified. The activity is scheduled for May IVa In reference to the point Reporting on investigative and judicial activities undertaken by the competent authorities in cases of organized crime and corruption Alignment of Law on Border Control to Schengen Acquis During his stay in BiH, the Resident Twinning Adviser will assess the current Law on Border Control and will, if necessary, recommend possible amendments in order to adjust it to the recent changes to the Schengen Acquis, in particular the Schengen Borders Code Regulation 562/2006. If necessary, the RTA will provide assistance with the implementation of the recommendations, i.e. the possible adjustments to legislation Drafting of guidelines on implementation of standards and training on implementation of standards (including protection) A seminar on standards and best practices on the fight against trafficking in human beings and protection of victims (including children) will take place. It will be followed by a workshop during which an introduction will be given and an agreement will be reached on the drafting guidelines. Two EU MS will support the Bosnian counterpart in the drafting in guidelines through consultations. Upon finalisation of the guidelines, training will be given on the elaborated implementation of standards, including standards on the protection of victims (including rights) for stakeholders who are in the position to recognise victims of trafficking and who work with/in safehouses (Sector for Migration, MHRR, 2-3 from the department for investigation of SIPA, 1 for the protection of witnesses of SIPA, the Service for Foreigners Affairs, the Border Police, and Sector for Asylum trainers and senior management.) The training will be repeated twice in a week, so a big group (2x15 persons) can be reached.

99 ANNEX IV Minutes of the Coordination meeting between Chief Prosecutor and director of Police Agencies in Bosnia and Herzegovina Vlašić, and Conclusions of the meeting: 1. The work group consisted of the Mr. Barašin, Mr. Selimović, Mr. Tillman and Mr. Feller will be formed. These members will attend the forthcoming meeting that Mr. Miletić will hold with the commissioners at which their status and attendance will be discussed. The standpoint of this Group is that police commissioners have one position in this body. The Group would like to present this standpoint to the commissioners with the intention to help Mr. Miletić to solve the problem at the cantonal level. Furthermore, it is necessary to confirm the appointment of Mr. Begić as the representative of this body at the meeting. 2. In joint work with EUPM, appropriate training and cyber crime related agenda will be prepared for the next meeting that will be the base for agreements with the representatives of European Commission regarding organization and progress of this training. In addition, names of representatives of the agencies that will take part in the work of the work group will be submitted to the Prosecutor's Office of BiH, in order to initiate amending the existing legislation related to cyber crime and copyright. 3. In future, the work group dealing with individuals withdrawn from citizenship of BiH will take actions according to the following conclusions : - The meeting of the Group will be held on 11th June 2010; - By this deadline, all members of the Group will submit information required by the Prosecutor; - Information on 9 relevant individuals will be updated; - These data will be submitted to Federation Police Directorate that will unite them jointly with SIPA. - These data will be submitted to FPD by 5 th June;

100 - It is necessary to include representatives of the Sector for Citizenship Audit of the Ministry of Civil Affairs of BiH, at request of SIPA representatives. This is considered essential in order to bring the work of this Group to the end; - All data gathered from all agencies so far will be summarized in a table that will be submitted to individuals competent in the agencies (i.e. Mr. Kovac is a person in charge in FAS). 4. The form of minutes from these meetings will be changed in a manner that the first page of the minutes will include all conclusions from the previous meetings and therefore they will be the item 1 of the agenda at the following meeting. 5. Ministry of Security, as the competent body will propose relevant amendments to Criminal Code regarding seized vehicles, referring that vehicles determined to be in good condition, should become the property of our agencies; Amendment proposal to legislation and bylaws regarding vehicle registration plates, pursuant to which agencies and prosecutor's offices can have more plates per one vehicle. 6. Work group Northwest Bosnia will continue its work and all agencies with an emphasis on MoI of RS and FPD will take part in this work more actively. 7. By the end of the week (4th June 2010), all police agencies as well as High Judicial and Prosecutorial Council will address to MoI of RS with the request for technical assistance in establishing data base. 8. Within 15 days, Police agencies must appoint administrators. Brčko District Police BiH, and MUP RS will no longer use SPRS, but their own developed daily logs database. If interested, they will determine administrators that will regulate access to SPRS. 9. For the next meeting, following will be prepared: - ICITAP will create chronological overview of the events so it will be clear that every agency was approached about their needs and that everything was synchronized. - For the next meeting, team of engineers will prepare presentation of CIDA implementation, on the level of police

101 agencies and HJPC, with realistic deadlines, finances, and also to present its capabilities. - Further, MoS will, in coordination with ICITAP for next meeting prepare changed annex of the agreement so they could include SFA and Directorate for Coordination.

102 ANNEX V STATE INVESTIGATION AND PROTECTION AGENCY CRIME-INVESTIGATION DEPARTMENT SECTION FOR CRIME-INTELLIGENCE MATTERS ACTIVITIES OF CRIME HOTLINE TEAM IN 2009 CRIME HOTLINE MARCH, 2010 M. S.

103 The purpose of creation of this document is to make the overview of Crime Hotline Team activities in 2009 with the goal to present the real picture of situation through the statistics and graphical surveys. I INTRODUCTION The basic purpose of Crime Hotline Team activities is to make possible for every person having any piece of information on commission or perpetrator of certain criminal act and wishing to remain anonymous to forward that piece of information to the police in this way. The caller does it by calling the Crime Hotline phone number which is the same for the entire area of Bosnia and Herzegovina. The phone number is free of charge, which means that the potential reporters of criminal acts are not charged for the calls. The anonymity is the most important matter regarding the Crime Hotline. The citizens are not requested to give their personal information or any other information which would lead to establishing their identity. The Crime Hotline Team officers who receive the calls on the phone device must not have any displayed number from which the call is made. The way of proceeding of Crime Hotline Team officers in connection with the received calls is regulated by the Instruction on Way of Work of Police Officers in Team. M. S.

104 II STRUCTURE OF CALLS BY TYPE DDURING 2009 During 2009, the total of calls was registered on the Crime Hotline phon ne number. Out of the mentioned number, there are the most of calls by which the callers asked for ad dvice in which way they could realize their rights, , i.e. 51%. Besides that, there were registered or 31% unserious calls, but that is the conscious risk of this free phone line and guaranteed anonymity.. The least, but for this service the most important is t the number of calls based on which the informationn was created and sent for procedure to the compete ent police agencies and by which the callers gave t the information on committed criminal acts. In 2009, thhere were registered 1157 of such calls or 18%.

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