Bosnia: Fraud Prevention Unit Examines Police Records

UNCLAS SECTION 01 OF 02 SARAJEVO 001035 SIPDIS DEPT FOR CA/EX, CA/FPP, CA/VO, AND EUR/SCE (MIKE FOOKS); DEPT ALSO PASS TO KCC; POSTS FOR FRAUD PREVENTION MANAGERS; VIENNA FOR DHS MARLA BELVEDERE E.O. 12958: N/A TAGS: KFRD CVIS CMGT CPAS ASEC BK SUBJECT: Bosnia: Fraud Prevention Unit Examines Police Records REF: A) Sarajevo 975, B) Sarajevo 988 ¶1. Summary. This is the last of three cables concerning documents from Bosnia and Herzegovina used to support immigrant visa applications. This message focuses primarily on police records. Our investigation revealed that police records may not contain a complete historical record. Convictions can be erased or expunged after a certain period, allowing some with a criminal history to claim a law-abiding past. We intend to modify our procedure to ensure that a more complete criminal history of our applicants is presented for all immigrant visa applications. End Summary. ¶2. Our Fraud Prevention Unit (FPU) contacted the Sarajevo Canton Police regarding police records in the Federation of Bosnia-Herzegovina. We also wanted to learn the procedures for obtaining these documents. ¶3. Bosnian police records in both entities -- the Federation and the Republika Srpska (RS) -- are issued based on the place of birth. The only exception to this rule applies to those who moved to a new municipality after 1992. In these cases, the police record reflects the criminal history of that person starting only with the year of their arrival. ¶4. Bosnian police and courts expunge previous criminal cases from the database after a certain amount of time, depending on the crime. Bosnian police have jurisdiction over fines and prison sentences shorter than a year, while Bosnian courts retain jurisdiction for cases with sentences longer than a year. The police keep records of expunged crimes, but only in their internal operational database. This database is not intended to be shared publicly. "Erased" convictions are not reflected on any Bosnian police records obtained for visa purposes. The regulations governing expungements are set in the Bosnian Criminal Procedure Code (ZKP),as well as in the criminal laws of both entities. ¶5. In the RS, suspended sentences are erased from the criminal record after one year following the completed sentence if there are no repeat violations. Fines and prison convictions for less than a year, as well as juvenile prison convictions, are erased from the criminal record three years after the sentence has been served or pardoned. Convictions of one to three years in duration are erased automatically five years after the sentence has been served or pardoned. A sentence of up to five years can be expunged, if eight years have passed and the party files a request to the court. ¶6. The Federation of Bosnia and Herzegovina treats expungements in largely the same manner as the Republika Srpska, but there are some differences: first, it takes five years before a misdeamenor or juvenile record can be expunged; and second, a conviction from one to three years can be expunged by request, but only five years after termination of the sentence. ¶7. Because of expungements, many police records may not include relevant criminal history that would impact a person's eligibility for an immigrant visa. While the police could be aware of a criminal past, they are not legally obligated to share that information because the record has been erased. Post now recognizes that the documents we receive may not reflect a person's complete criminal past. ¶8. FPU was advised by the Sarajevo Police that the best way to avoid issuing a visa to a person with a criminal past would be to ask for both the internal and public report from their database. This request may not be possible for all applicants in all municipalities because some police may be reluctant to share the internal record. However, we believe that we may be able to receive police records which specify if there have been any expungements in the past. If there is a positive response, we may then delve into further questioning of the applicant. ¶9. Foreign citizens residing in Bosnia can ask for a local police certificate only for the period in which they have been resident in the country (for the period after they officially registered with local Bosnian authorities). These applicants can obtain their records through the Bosnian Ministry of Security's Office for Foreigners. Bosnians born overseas may also request a local police record from the municipality in which they reside. For all individuals, police document issuance does not vary, however, since SARAJEVO 00001035 002 OF 002 the RS does not have cantons, their regional Public Security Stations (regional RS police departments) plays the role of the cantonal police in the Federation. ¶10. Unfortunately, there is no single police database that connects all police offices in the country. FPU was informed of a state-level pilot project designed to enable computer data sharing between different Bosnian police departments, but we were told the project is still in an early phase. However, since police do share information, crimes committed anywhere in Bosnia will be reported back to the police station where the person was born. ¶11. While Bosnian police records remain important for our immigrant visa processing, we will needs to ensure that complete criminal histories are presented to us by the police. We will work with the local authorities to ensure we have complete information before visa issuance. Moore