Public trust in the judiciary is a pillar of every democratic society, yet, in Bosnia and Herzegovina, this trust has declined for years. Many citizens are demoralised by the very politically influenced, inefficient, and corrupt courts that are supposed to uphold laws and justice. The challenges are great, but the potential for real reforms and changes is even greater. With political will and a focus on fundamental aspects such as judicial independence followed by accessibility and accountability, BiH has the opportunity to regain confidence in its judiciary and foster vital elements in the development of democracy.
Why Trust Has Been Lost
The judiciary system of BiH is politically and structurally complex due to the state’s post-war structure. Political interference still lingers, and the High Judicial and Prosecutorial Council, which are meant to be independent bodies of the judiciary, have been consistently criticised for their corruption and lack of accountability. To make matters worse, inefficiencies in processing cases and a perceived shortage of ethics and morality among some judicial officials have left many citizens questioning whether the system can adequately deliver justice.
These problems have given rise to a dangerous level of public scepticism. The loss of faith in the judiciary has a devastating effect on the social structure at large. Without trust in the rule of law, preserving any sense of fairness, security, or hope for the future is hard.
Empowering Independence: The Cornerstone of Change
The first and most crucial step to rebuild trust is to ensure the complete independence of the judiciary from political and economic pressures. This necessitates a thorough review of the legislation governing the High Judicial and Prosecutorial Council’s operations to eliminate external influence and decentralise the decision-making process. Judicial independence is not just a reform but a necessity for restoring public trust.
The other critical point is to encourage ethical conduct among judicial officials. It is important for citizens to know that judges and prosecutors are held up to their highest standards. Clear ethical codes and improved disciplinary procedures can convey that misconduct will not be tolerated.
A Stronger Judiciary Through Training
Let’s be honest, managing complex legal cases, particularly corruption cases, is no easy task. Judges and prosecutors require specialised skills to ensure these cases are treated appropriately. Initiatives such as USAID’s Judiciary Against Corruption Activity are already responding to this need through training for legal professionals aimed at producing stronger indictments and better judicial outcomes.
However, one-time training is not enough. Education must keep up with the times, and continuous classroom training keeps the judiciary sharp and modern. Investing in continuing education for judges and prosecutors is an investment in the quality of justice itself.
Ensuring Justice Is Accessible to All
Justice is not justice if it is limited to those who can pay for it. Enhancing legal aid programs to help low-income citizens obtain legal representation is an essential step toward trust-building. When we know we’ll have a fair, equal shot in court (regardless of financial status), it enhances our belief in the system.
Digitalisation is another option for broadening access. Digital tools can make case management more efficient, help eliminate delays and wait times, and make the judiciary system more efficient. Imagine your ability to check the status of your case online, or unnecessary backlogs being removed for good; these little but significant changes could make the system seem more approachable and simple.
Action Speaks Louder Than Words — Accountability
Accountability is an absolute requirement for restoring public trust. Seeing that judicial misconduct is taken seriously reassures citizens that no one is above the law, not even members of the judiciary itself.
Strengthening supervising bodies like the Office of Disciplinary Counsel and other such institutions, and assuring their independence from political influence, is an essential part of this process. Independent organisations such as the OSCE have also observed the performance of the judicial system in BiH, making the system transparent.
Connecting with the Public
The biggest hurdle in restoring this trust is the rift and disconnect that has opened up between the judiciary system and the citizens and the public. Most of the public does not understand how the system works or the rights which they hold. That is what makes community outreach important.
By conducting public forums or educational campaigns, the judiciary system can be spread out to citizens directly, simplifying the complicated legal processes into a relatable and trusted form. A key point has to do with transparency making court proceedings open to the public and more information accessible can help cleanse the legal system.
A Chance to Rebuild
The judiciary system in Bosnia and Herzegovina is at a crossroads. A look at years of public mistrust shows the urgent need for reform but there is a real opportunity to remedy this. Reforms that instil independence, accountability, and easier access can help establish a judiciary system that citizens can trust.
Rebuilding trust will not occur overnight, nor will it materialise without a genuine commitment from all sides including local authorities, international organisations, and the civil society. But the effort is worth it. An independent, trusted judiciary does not only benefit the people who seek justice today, but it fortifies democracy and the rule of law for the generations that follow us. What is important to mention is that in 2024, BiH’s HJPC made history by winning the Silver Medal for Gender Equality, which gives hope for building trust. This award shows the HJPC’s effort to make the justice system fair and equal for all. The UNDP came out to emphasise that HJPC is the first in Europe and the Balkans to earn this award, motivating others to do the same.
If BiH can make these moves, it will not only repair its judiciary system but will also offer its citizens something far more potent: hope in a system that is not working against them but a system that is working for them.
