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Mirsad Kukić case: Partisan public sector employment

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  • Bosnia and Herzegovina

Mirsad Kukić case: Partisan public sector employment

Case Date(s)
03/2017
Case Updated
06/2024

Case Summary

Phase

2nd instance procedure

Offence

  • Trading in influence

Sector

  • Public administration and defense; compulsory social security
  • Electricity, gas, steam and air conditioning supply
  • Water supply; sewerage, waste management and remediation activities

Institution

  • Elektroprivreda Bosnia and Herzegovina

Involved people

Allegedly involved people Mirsad Kukić A long-time member of the Party of Democratic Action (SDA) who, at the time of the accusations, was president of the cantonal committee of the SDA of the Tuzla canton, vice-president of the SDA, representative of the federal parliament and assistant director for development and investments in the coal mine Banovići.
Mirsad Kukić
Politically exposed
No
  • Trading in influence

In October 2020, a long-time member of the Party of Democratic Action (SDA) in Bosnia and Herzegovina, Mirsad Kukić, was sentenced to one year in prison by the municipal court in Sarajevo for trading in influence in the hiring of a former MP’s son in the public-sector utility company Elektroprivreda in Tuzla in 2016. Following the defence’s appeal, the Sarajevo cantonal court sent the case back for a retrial, which started in February 2024, but was terminated in June that year following the death of the accused, Mirsad Kukić.

In October 2020, a long-time member of the Party of Democratic Action (SDA) in Bosnia and Herzegovina, Mirsad Kukić, was sentenced to one year in prison by the municipal court in Sarajevo for trading in influence in the hiring of a former MP’s son in the public-sector utility company Elektroprivreda in Tuzla in 2016. Following the defence’s appeal, the Sarajevo cantonal court sent the case back for a retrial, which started in February 2024, but was terminated in June that year following the death of the accused, Mirsad Kukić.

According to the indictment of the Sarajevo cantonal prosecutor's office in August 2016, Kukić, gave a green light for Amel Škaljo, the son of a former SDA MP, Omer Škaljo, to be employed at the branch office of the public utility company Elektrodistribucija in Tuzla, although he previously objected to it because the candidate was not from the ​​Tuzla canton. Kukić, who was at the time the president of the cantonal board of SDA Tuzla and a member of that party's presidency, had no authority to influence the admission of employees to Elektrodistribucija in Tuzla. But the details published in the indictment suggest that Kukić used his political influence to intervene in the employment processes there.

In March 2017, Sarajevo cantonal prosecution accused Kukić along with eight other people, including other influential figures from SDA, in a case called Bosna, of participating in facilitating illegal employment in Elektroprivreda. Kukić’s case was separated from the others in October 2017 for health reasons.

The widespread practice of partisan employment in Bosnia and Herzegovina’s public-sector companies demonstrates how political parties can control hiring processes in public institutions. Such practices undermine public trust in institutions and discourage qualified candidates who lack political connections from pursuing public-sector careers.

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Further details

JURISDICTION/COURT

Municipal Court of Sarajevo

LAWS (ALLEGEDLY) BREACHED

Criminal law of the Federation of Bosnia and Herzegovina, Article 219, receiving reward or other form of benefit for trading in influence

FINAL SANCTION OR MEASURE

The case was terminated because of the death of the accused.

UNCOVERING METHOD

Police

JUDGE

Nedim Ćosić

DEFENCE COUNSEL

Jadranka Ivanović

SOCIAL HARM ON SDGs

16 Peace, justice and strong institutions

This case was originally part of a larger case related to partisan influence on employment in the public-sector utility company Elektroprivreda Bosnia and Herzegovina, but the case which specifically related to Mirsad Kukić was separated from the rest in October 2017, due to his health condition. The social harm will consider the entire indictment, not just this specific case.

The social damage caused by the criminal acts of the accused undermines the public trust in political and public institutions, especially in employment in public enterprises such as Elektroprivreda. Corruption in employment not only unfairly deprives qualified candidates of opportunities but also enables the employment of unqualified individuals, which may lead to reduced efficiency and increased costs within public enterprises. Such corrupt behaviour encourages further corrupt activities and creates a climate in which bribery and abuse of position are accepted as normal business models. The consequence of securing employment through political connections and bribery is that less qualified persons are in key positions, which may lead to serious problems in the operations of those institutions. According to the indictment, individuals paid between BAM16,000 (app. €8,000) and BAM19,000 (app. €10,000) for employment.

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 06/2024. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts.

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