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The Prosecutor's Office of Bosnia and Herzegovina

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INDICTMENT ISSUED IN THE CASE V. ŽIVKO BUDIMIR ET AL. THE ACCUSED ARE CHARGED WITH 33 COUNTS OF INDICTMENT FOR ABUSE OF OFFICE OR OFFICIAL AUTHORITY, ACCEPTING AND GIVING GIFTS OR OTHER FORMS OF BENEFITS AND ILLEGAL INTERCEDING

27.11.2013. 15:46
Prosecutor of the Special Department for Organized Crime, Economic Crime and Corruption within the Prosecutor's Office of BiH issued an indictment against the following persons:

-        Živko Budimir, born on November 20, 1962 in Posušje,

-        Petar Barišić, born on February 24, 1970 in Posušje,

-        Zoran Mikulić, born on May 15, 1962 in Mostar,

-        Saud Kulosman, born on April 21,   1967 in Foča,

-        Hidajet Halilović, born on May 15, 1956 in Zenica

-        Željko Asić, born on December 16, 1970 in Mostar, and

-        Armin Kulovac, born on July 31, 1981 in Sarajevo.

The accused Živko Budimir is charged to have acted, both alone and with other accused persons, while abusing the Office of the President of the Federation of Bosnia and Herzegovina and to have, on his own initiative or upon intervention of various persons - including persons from political life as well as those from the criminal milieu, for reasons and motives known to him, abused the Office and Official Authority of the President of Federation BiH, by way of granting unlawful pardons, releases from prison and deletions of sentences from the criminal records of persons convicted to various prison terms.

Among the pardoned convicts were repeat criminal offenders, people who were not granted positive opinions of the competent institution for pardon and whose release has caused significant threat to public safety.

The aforementioned illegal activities resulted with pardons granted to persons convicted of serious crimes including murder, attempted murder, illicit trafficking in narcotic drugs, tax evasion, serious traffic offenses as well as persons that did not even commence sentence serving or who were at large and were being sought by the government of Bosnia and Herzegovina through international arrest warrants in order to commence sentence serving.

Among those who were pardoned in this manner were the following persons: Mersed Hadžić AKA "Švicarac", Naser Orić, Elvis Hodžić, Damir Vašiček, Alija Delimustafić and others. Total number of pardoned persons covered by the indictment is 27

After the release of these individuals, serious threats to the safety of the citizens of Bosnia and Herzegovina have occurred including armed incidents and other criminal offenses committed by the unlawfully pardoned persons.

Among those pardoned were persons who were pardoned twice, which is expressly prohibited by law, and persons who did not even commence sentence serving.

These acts caused a threat to safety of all citizens of Bosnia and Herzegovina and have harmed the international reputation of BiH and its law enforcement agencies thus annulling the efforts, activities and commitment of judicial and law enforcement agencies in detection, prosecution and conduct of criminal proceedings, and by doing so annulled the impact of law enforcement agencies in establishment of the rule of law.

Živko Budimir is charged with Abuse of Office or Official Authority, committed through illegal payments of bills and purchase of clothing and other items for personal use via public funds.

The accused persons in the Budimir et al. case are charged with the criminal offenses of Abuse of Office or Official Authority, Accepting and Giving Gifts or Other Forms of Benefits and Illegal Interceding.

The indictment proposes that 79 witnesses and 3 expert witnesses be heard as to assist the prosecution to prove the guilt of the accused persons.

Extensive and detailed indictment, which lists the commission of the criminal offenses in detail, along with several hundred exhibits organized in folders, was forwarded to the Court of BiH for confirmation.


*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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