Press statement | 08.11.2017

Through joint efforts of the competent authorities to achievement of basic citizens' rights

That justice is still achievable is the example of B. S. who addressed the Institution of the Ombudsman for Human Rights of Bosnia and Herzegovina through complaint to the work of the Federation Institute PIO/MIO, the Cantonal Administrative Service of Sarajevo because of the impossibility of exercising the right to prematurely more favorable old-age pension.

The Cantonal Institute for Providing Free Legal Assistance to Una-Sana Canton addressed to the Ombudsperson Institution on behalf of the complainant. The complaint alleged that B.S. on 04.06.2012 submitted a request to the Federation Institution of PIO/MIO for early retirement under more favorable conditions, but that his request was not finally resolved by the date of his address to the Institution. The first instance organ on 22.05.2014 issued a decision rejecting the request of the complainant, after conducting the administrative procedure for 18 months.

On 03.02.2015 the second instance organ, the Federation Institution for PIO/MIO issued a Decision rejecting the appeal. The reason for the rejection of the appeal was that "the term of work in the Federation Ministry of Defense from 01.01.2000 to 31.12.2000 was not included in the total pension service, since the payment of contributions for pension and disability insurance for the stated period of work was not made. The Ministry of Defense of Bosnia and Herzegovina in its act of 17.04.2015 stated that for 2000 the form M4 was completed for the members of the Ministry of Defense of Bosnia and Herzegovina and the payment of contributions for pension and disability insurance, as well as for the complainant.

On September 30, 2015, the Ombudsmen of Bosnia and Herzegovina issued a recommendation to the Federation Institution for PIO/MIO and the Ministry of Defense of Bosnia and Herzegovina in which the transfer of competencies was noted and it is not clear how the complainant would be entitled to a pension when one authority claims to have been paid and other that contributions were not paid and it was recommended that all measures be taken to address the issue of payment of contributions for the complainant.

On 02.12.2015 the Cantonal Court in Mostar issued a Judgment in which the lawsuit was filed by B.S., the decisions of the second and first instance authorities were annulled and the case was returned for redress. In retrial of 12.02.2016 a decision was made on repeated rejection of the request for early retirement. The aforementioned decision was again appealed against the decision of the Federation Institution for PIO/MIO dated July 29, by which the appeal was rejected. The Federation Institution for PIO/MIO on November 22, 2016 passed the decision by which it annulled the decision dated July 29, since the administrative dispute was initiated, the lawsuit was accepted, annulled the decision of 12.02.2016 and the case was returned for re-opening.

The Ombudsmen also followed the decision-making in this re-trial and during the whole procedure they were in contact with the representatives of the Cantonal Institute for Providing Free Legal Assistance of the Una-Sana Canton.

On October 26, 2017 the Ombudsmen informed the Cantonal Office that finally, after 5 years, this administrative matter was terminated on June 21, 2017. In the same year, a decision was adopted granting the complainant the right to early retirement pension and according to the words of the party, the payment of the pension began.

On this occasion, the Ombudspersons welcome the treatment of the Cantonal Institute for Providing Free Legal Assistance of the Una-Sana Canton, and especially emphasize the commitment, efforts and persistence of the legal representative in the particular case of Azra Jusić and point out as a positive example that should be the usual way of cooperation between the authorities with the institution of the Ombudsman.

The Ombudsmen point out that this kind of treatment shows that justice is even though the dispute is still achievable and that the joint work and effort of all competent institutions is ultimately paid off, with the aim of achieving basic citizens' rights. They point out that such an example of good governance, an engaged and active attitude towards the realization of citizens' rights should be followed by all competent authorities and should in no way be an exception.

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