The Republika Srpska Ministry of the Interior (MUPRS) has received requests from employees of the State Investigation and Protection Agency (SIPA) residing in the Republika Srpska to transfer to the entity’s police force, according to a statement from the ministry, which did not disclose the number of requests or any further details.
The call for transfer was issued on Thursday, and the Official Gazette of the Republika Srpska published a Regulation outlining the procedure for transferring SIPA employees to the RS Police, based on a law that was urgently passed in the Republika Srpska the day after the non-final ruling against President Milorad Dodik.
Armin Kržalić, a professor at the Faculty of Criminalistics, Criminology, and Security Studies at the University of Sarajevo, told the Centre for Investigative Reporting (CIN) that the document does not align with the RS Police and Internal Affairs Act, which mandates a public competition for employment within the MUPRS.
„This regulation could not have been adopted without first amending the Act. A subordinate act cannot be at the same level as the law; that is clear. Essentially, they did not foresee this in the Act, so they issued a regulation to somehow cover it. This is a clear criminal offense”, said Kržalić.
Under the Regulation, SIPA members can immediately submit a request to transfer to MUPRS, accompanied by proof of their duties and tasks in SIPA, confirmation of their rank, and evidence of their salary and allowances. MUPRS “shall take over the employees” as soon as the request is received. When assigning them, the ministry will consider the employee’s previous position, rank, qualifications, and work experience, as well as factors related to their salary and other benefits received in SIPA. The regulation also permits the assignment of employees to non-vacant positions as well, says the Regulation.
„There is a real possibility that those who decide to transfer in this way may, in a month or two, when the situation stabilises, end up on the street”, said Sandi Dizdarević, a professor of criminal psychology from Tuzla.
Under the RS Police and Internal Affairs Act, the employment of police officers is based on the availability of positions, a public competition, and the prior establishment of requirements. The Ministry is permitted to hire police officers currently employed in other law enforcement agencies in Bosnia and Herzegovina, excluding junior police officers and junior inspectors, but only through a public competition.
MUPRS has not announced a public competition for SIPA members to apply.
Dizdarević explains that a transfer involves moving from one position to another within a different institution without interrupting the employment relationship, however, even in this case, a public call must be issued, and both institutions must provide their consent.
He concludes that if SIPA Director Darko Ćulum gives his consent for the transfer, he will be complicit in committing a criminal offense.
Regulation is flawed, as it is based on an unconstitutional law that prohibits the functioning of state institutions in the RS.
„Since it relies on an invalid, unconstitutional law, the legal provisions in this regulation are also null and void and will have no legal effect moving forward.”
The RS Government has yet to comment on securing funds for the costs associated with the new MUPRS employees. The institution’s budget for 2025 is 290 million marks, which is about 15 million marks less than the previous year.
