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