Politicians Who Fail to Declare Assets Will Face Severe Measures

Justice Minister Dusan Petrovic says that, within the two months following its establishment, the newly-elected Parliament will pass a law whereby all politicians who fail to publicly declare their total assets will face prison sentences and the possibility of being banned from holding office.

"All officials who, immediately after assuming a public office, fail to or falsely report what property they own will thereby have committed a criminal act, punishable with up to ten years in prison, while all those who are found guilty of this crime in a court of law will for ten years be barred from any elections and public office," Petrovic tells Argus.

Minister Petrovic said that these measures are envisaged by the Anti-Corruption Agency Bill, which the Justice Ministry has developed over the past ten months and which would have already been brought before Parliament had the elections not been called. According to him, such measures, which could take effect as early as this fall, would shed a new light on the country's public and political life -- an area currently suffering severe damage due to the gross mistrust citizens have in politicians, and the widespread belief that a number of politicians are corrupt.

Petrovic believes that no significant progress can be made unless the law prescribes politicians' obligations, stringent punishment, and legal consequences. "The requirement that politicians publicly declare their property at the beginning, the end, as well as during and for some time following their term in office will surely aid citizens in deciding who to vote for at the elections," Petrovic said.

The minister added that right after the new legislature is formed, MPs from the For a European Future-Boris Tadic ticket will also vote in favor of a law on freezing and confiscating property acquired through corruption, another crucial anti-corruption act the Justice Ministry has put together. That law will, Petrovic explains, allow the freezing of all assets belonging to persons accused of the most severe of crimes, such as organized crime, corruption and war crimes, leaving it up to each individual to prove that their property was acquired by legal means. Those sentenced for their crimes would lose everything.

When asked why Parliament had in the past nine months not adopted the set of judicial acts envisaged by the Law on the Constitution, Petrovic said it was impossible to find space on the agenda due to the very complicated political relations in the country, and the set of laws regarding the presidential and local elections.

"The Justice Ministry is prepared to, within a short time following the formation of the new Parliament, submit bills on the High Judicial Council, the State Prosecutors' Council, the courts, judges, prosecutors, and court network, which will allow the creation of a completely reformed judicial system," Petrovic said, stressing his conviction that all these acts could take effect this year, allowing the country to enter the new year with a fully-functional new court network. According to Minister Petrovic, the adoption of these laws would put the Supreme Appellate Court at the "top of the judicial power pyramid", while appeals courts would decide on appeals, municipal and district courts would be given primary jurisdiction, and prosecutions would be structured according to the courts.

The High Judicial Council would replace the existing High Justice System Council, and become a center of judicial authority, with the exclusive right to recommend judges. The first generation of judges, with a three-year term, would be elected by Parliament based on proposals of the High Judicial Council, while all promotions, including permanent mandates and transfers to courts of higher authority, would be made exclusively by the High Judicial Council, Petrovic said.

According to the minister, once all these laws are brought before the legislature, the question of whether or not judges should be re-elected will also be answered, as the issue -- where both sides have compelling arguments -- is currently not of crucial importance. When asked whether the fact that this question remains open is creating a climate of uncertainty for judges, Minister Petrovic said that there is no uncertainty because the judges of the Supreme Appellate Court and appeals courts have yet to be chosen, and added that what was most important was that everyone do their job as conscientiously and efficiently as possible.

"The majority of judges and prosecutors are honest folk of high expertise, and anyone doing a good job need not worry about the re-election issue," Petrovic concluded.