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Jasmin Ćerimagić case: Director convicted of nepotism

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  • Bosnia and Herzegovina

Jasmin Ćerimagić case: Director convicted of nepotism

Case Date(s)
11/2022
Case Updated
05/2023

Case Summary

Phase

1st instance verdict

Offence

  • Abuse of functions

Sector

  • Human health and social work activities
  • Other service activities

Institution

  • Pazarić Institute for the Care of Mentally Disabled Children and Youth

Involved people

Allegedly involved people Jasmin Ćerimagić Director of Pazarić Institute for the Care of Mentally Disabled Children and Youth
Jasmin Ćerimagić
Politically exposed
No
  • Abuse of functions

The case involves abuse of position by Jasmin Ćerimagić, director of the Pazarić Institute for the Care of Mentally Disabled Children and Youth, who illegally employed his son in 2016 without conducting the required public competition. He was found guilty and received a suspended eight-month prison sentence plus a fine of KM20,000 (EUR 10,220).

Jasmin Ćerimagić was indicted for abuse of position while serving as director of the Pazarić Institute for the Care of Mentally Disabled Children and Youth. He assumed this role in November 2014, following his appointment by the institute's board of directors with the government's approval.

In 2016, Ćerimagić knowingly misused his authority to secure employment for his son Ć.D. at the institute. As director, he had the power to conclude employment contracts but was required to follow specific procedures, including announcing public competitions for vacant positions through media outlets. Instead of following these regulations for the vacant position of commodity and financial accountant, he deliberately circumvented them.

The abuse of position occurred in several steps. First, Ćerimagić signed a fixed-term employment contract with his son on 2 June 2016, covering the period from 31 May to 31 August 2016. However, just eight days later, on 10 June, he signed another contract – this time a permanent one – for the same position, which would take effect from 1 July 1 2016. This rapid conversion from temporary to permanent employment, without any public competition or proper selection process, clearly demonstrated the intentional nature of his actions.

The proper procedure would have required publishing a public competition, allowing candidates to apply, and having a commission to review applications and make recommendations. The director would then select a candidate based on this transparent process. Ćerimagić ignored all these requirements, directly appointing his son to the position.

In 2023, the court found him guilty of abuse of position or authority under the criminal code of the Federation of Bosnia and Herzegovina. His sentence reflected the serious nature of abusing public office for private gain: an eight-month suspended prison sentence, conditional on not committing another offence within one year, plus a substantial fine of KM20,000 (around €10,000), to be paid within six months of the final verdict.

The cantonal court in Sarajevo delivered a final verdict in a separate case against Jasmin Ćerimagić and two other former directors of the Pazarić Institute, concerning misconduct in office between 2009 and 2019. For their negligence in supervising and monitoring the physical and mental health of the institute's residents, which led to serious violations of patients' rights (including documented cases of inhumane treatment such as residents being tied to radiators), Ćerimagić was sentenced to four years and six months in prison. His co-defendants, Senada Muharemović and Redžep Salić, each received one-year prison sentences. All three were additionally banned from working in mental health institutions for ten years.

Further details

JURISDICTION/COURT

Municipal court of Sarajevo

LAWS (ALLEGEDLY) BREACHED

Criminal Law of Federation of Bosnia and Herzegovina

FINAL SANCTION OR MEASURE

A conditional sentence of eight months in prison, which will not be carried out unless the accused commits a new criminal offence within one year.

Fine of KM20,000 (around €10,000)

UNCOVERING METHOD

Police

PROSECUTOR

Nina Šahinpašić

JUDGE

Đenana Jovanović

DEFENCE COUNSEL

Sedad Kadić

SOCIAL HARM ON SDGs

16 Peace, justice and strong institutions

10 Reduced Inequality

3 Good health and well-being

The social harm in the case against Jasmin Ćerimagić, accused of abuse of position, is multidimensional. Public trust in the integrity of public institutions has been undermined. Abuse of authority by officials, such as hiring relatives without following prescribed procedures, undermines citizens’ trust in the fairness and transparency of the public sector. Such actions discourage fair competition and meritocracy, discouraging qualified individuals from applying for public positions. This can lead to a decrease in the efficiency and quality of services provided by these institutions. Also, illegal employment may result in financial costs for the institution as well as possible legal costs in case of legal proceedings or correction of irregularities. In this case, the quantified damage consists primarily of the wages and benefits paid to Ć.D. for his employment at the Pazarić Institute from June 2016, arising from an illegally obtained permanent contract. Additional potential financial impacts may have occurred but would require detailed documentation to verify.

Disclaimer

Every effort has been made to verify the accuracy of the information contained in this database. All information is believed to be correct as of 05/2023. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts.

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