POSKOK Between High Expectations and Limited Capacities

The establishment of the Special Department for Combating Corruption, Organized and Inter-Cantonal Crime of the Federation of Bosnia and Herzegovina (POSKOK) was presented as one of the key steps toward more effective fight against high-level corruption and organized crime. This department was expected to take on the most complex cases and contribute to strengthening public confidence in the judiciary’s ability to prosecute high-level corruption cases.

However, the first available data on its work indicate that POSKOK is already facing serious institutional burden in its initial phase of operation, which could significantly affect its efficiency.

According to information obtained by Transparency International in BiH from the Federal Prosecutor’s Office of FBiH through a freedom of information request, approximately 810 cases have been submitted to this department from cantonal prosecutor’s offices. At the same time, the Special Department has received a total of 237 reports from citizens and other entities since its establishment, from April 30, 2025, to March 31, 2026.

Information has simultaneously appeared in the public domain that only seven prosecutors are currently working on more than a thousand cases. Such a ratio between the number of cases and available capacities raises the question of whether the institution has been provided with the conditions necessary to achieve the results expected of it.

The submitted data show that during the stated period, 14 orders to conduct investigations were issued, 17 orders not to conduct investigations, five orders to suspend investigations, and nine indictments were filed. Although these figures do not in themselves represent a final assessment of the Special Department’s work, they demonstrate that the issue of capacity and work organization will play a crucial role in its future efficiency.

Particularly concerning is the fact that the Federal Prosecutor’s Office does not have precise records of the number of cases returned to cantonal prosecutor’s offices. The response states that cases submitted by cantonal prosecutor’s offices that did not comply with prescribed criteria were not even registered in the Case Management System (TCMS). This leaves unclear how many cases were returned due to lack of jurisdiction or other reasons, how long their transfer between institutions takes, and whether such practice further slows down proceedings in corruption and organized crime cases.

An additional issue is the duration of case proceedings. According to the submitted data, the average duration of resolving reports is 220 days, while the average duration of investigations is 305 days. However, the Federal Prosecutor’s Office’s clarification indicates that the statistics do not exclusively reflect POSKOK’s work, given that a significant number of cases originate from cantonal prosecutor’s offices where certain proceedings lasted for years before being transferred to this department.

The response cites an example of a case in which proceedings on a report at the cantonal prosecutor’s office lasted 1,746 days before being submitted to POSKOK, as well as three cases in which proceedings lasted 1,097 days each. Such data indicate that POSKOK did not begin work with new cases, but also took over a significant number of complex and lengthy proceedings, which further burdens the department’s existing capacities.

At the same time, the data indicate the need for a greater degree of transparency in POSKOK’s work. The General Department of the Federal Prosecutor’s Office received a total of 30 complaints regarding prosecutorial decisions in POSKOK cases, of which 19 complaints were resolved and all were rejected as unfounded. In circumstances where the public expects visible results in prosecuting high-level corruption, it is particularly important to ensure clear explanations of decisions not to conduct investigations, as well as accessibility of data on the Special Department’s work.

Additional concern is raised by announcements of possible amendments to the Law on Combating Corruption and Organized Crime in FBiH, including an increase in the property threshold for POSKOK’s jurisdiction from 100,000 to 500,000 KM. Although such amendments are justified by the need to relieve the Special Department and direct its capacities toward the most complex cases, they should not lead to new transfers of cases between prosecutor’s offices, loss of continuity in proceedings, or additional prolongation of investigations.

Before any legal amendments, it is necessary to conduct a detailed analysis of the case structure, capacities of POSKOK and cantonal prosecutor’s offices, as well as possible consequences for cases that have been in progress for years. TI BiH will monitor the process of preparing and adopting the announced amendments, particularly regarding their impact on the efficiency of prosecuting corruption and the accountability of responsible institutions.

The fight against high-level corruption does not depend solely on the formal establishment of new institutions, but primarily on their ability to effectively manage a large number of complex cases, ensure transparency of work, and produce concrete results within reasonable timeframes.

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