09/26/2002 IJC

Disciplinary Prosecutor’s Office Formed

The Office of Disciplinary Prosecutor for the High Judicial and Prosecutorial Councils (HJPCs) of Bosnia and Herzegovina, Republika Srpska and Federation of BiH began operating this week.

The Disciplinary Prosecutor will be responsible for bringing disciplinary actions before the HJPCs. He will also oversee investigation of complaints.

This Office will receive all complaints against judges or prosecutors that may be made by any person or organization. Upon receipt, complaints will be kept in a register and, where appropriate, assigned for investigation.

The Office of Disciplinary Prosecutor has the authority to request all relevant documentation and interview witnesses in order to investigate fully allegations of misconduct. When an investigation has been completed, the Disciplinary Prosecutor will review the file and determine, after careful and close examination, whether there is an evidentiary basis for the initiation of disciplinary proceedings before the HJPCs.

The Disciplinary Prosecutor can reject complaints that contain inadequate allegations or that lack a sufficient evidentiary basis to warrant disciplinary action.

The International Disciplinary Prosecutor’s office is lead by Mr. David Upcher, who has been appointed as the International Disciplinary Prosecutor.

Mr. Upcher has more than twenty years of legal experience. He has served as Prosecutor in El Paso, Texas and has worked as an in-house lawyer with several leading multinational information technology companies, where he was responsible for establishing and enforcing corporate governance best practices.

For more information, please contact Sanela Tunovic, HJPCs Spokesperson at 061-131-785 or at 033/445-216 ext. 205.