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The Prosecutor's Office of Bosnia and Herzegovina

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THE PROSECUTOR'S OFFICE OF BIH FILED AN APPEAL IN THE BUDIMIR ET AL. CASE. THE APPEAL ASKS THE COURT OF BIH TO CONFIRM ITS JURISDICTION AND TO HANDLE THE PROCEEDINGS AT THE STATE LEVEL JUDICIAL INSTITUTIONS

10.12.2013. 14:54
The Prosecutor of the Special Department for Organized Crime, Economic Crime and Corruption filed an appeal against the decision of the Court of BIH by which the Court of BiH declined jurisdiction in the Case v. Živko Budimir et al.. The appeal, inter alia, states that the committed criminal offenses listed in the indictment against Živko Budimir et al. have caused great harm to the judicial system and the international reputation of Bosnia and Herzegovina.

The appeal emphasizes that the indictment includes senior officials of the Federation of Bosnia and Herzegovina, including the President of the Federation BiH, the current Minister of Justice in the Government of Federation BiH as well as officials of the Ministry of Justice of the Federation BiH. The committed criminal offenses listed in 33 counts of indictment have detrimental consequences to Bosnia and Herzegovina and the safety of all its citizens as well as to the international reputation of our country, which was , inter alia, particularly evident because out country has received diplomatic notes due to  illegalities alleged in the indictment; the aforementioned incriminations were also reported by the media in BiH and the region.

It was pointed out that the pardon granted to Mersed Hadžić aka "Švicarac" whom the BiH judiciary sought through an international arrest warrant and who was arrested and extradited from another state, had detrimental consequences to the international reputation of Bosnia and Herzegovina among the member states of Interpol and has annulled the efforts of police and law enforcement agencies of other countries.

The appeal also notes that among individuals who were illegally pardoned are persons with multiple convictions, who have shortly after being released participated in criminal offenses and armed street conflicts that resulted with serious injuries and fatalities, thus causing the feeling of lack of safety and fear among citizens throughout Bosnia and Herzegovina.

The appeal refers to a number of other cases in which the Court declared its jurisdiction, regardless of the fact that the offenses occurred in one town or within one entity.

In the appeal the Prosecutor stated the belief that there are grounds for the Court of BiH to apply Article 7 of the Law on the Court of BiH, to which the Court of BiH is intensely committed within the structural dialogue on judicial reform.

The appeal was filed with the Court of BiH.


*Note on the principle of presumption of innocence

This announcement does not prejudice the outcome of the criminal proceedings and does not violate the principle of the presumption of innocence. A person shall be considered innocent of a crime until guilt has been established by a final verdict (Article 3, paragraph 1 of the CPC BiH).

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