The Prosecutor of the Special Department for Organized Crime, Economic Crime and Corruption within the Prosecutor's Office of BiH filed a motion to the Court of BiH to remand three persons, suspected of having committed the criminal offense of Organized Crime under Article 250 in conjunction with Smuggling of Persons under Article 189 of the Criminal Code of BiH, in custody.
Motion for custody was filed for the following suspects:
- E.P. (1964) from Velika Kladuša where he resides, a citizen of BiH,
- N.H. (1982) from Velika Kladuša where he resides, a citizen of BiH
- A.R. (1980) from Velika Kladuša where he resides, a citizen of BiH.
The suspects for whom the Assigned Prosecutor requested custody on April 4, 2013 were deprived of liberty by authorized officers of the BiH Border Police, and handed over to the Assigned Prosecutor within the legal deadline.
The suspects are charged to have, together with other persons - members of an organized criminal group that was formed for smuggling of persons in the aim of obtaining unlawful gain, repeatedly organized and prepared illegal transfer of foreign nationals , mostly Albanian nationals from the Republic of Serbia i.e. from Kosovo, to Bosnia and Herzegovina across the Republic of Croatia and into Western European countries during the period from December 20, 2012 to April 4, 2013, all contrary to Article 6 of the Protocol against the Smuggling of Migrants by Land, Sea and Air, and contrary to the Law on border control of Bosnia and Herzegovina ("Official Gazette of BiH", No. 53/09 and No. 54/10). The foreign nationals in question did not meet the requirements for legal entry and stay of migrants in other countries, where they are not citizens nor do they have residence permit or granted stay.
After questioning the suspects, the Assigned Prosecutor filed a custody motion to the Court of BIH on grounds stipulated in Article 132 Paragraph 1, Subparagraphs a), b) and c) of the CPC BiH.
Remand in custody was, inter alia, requested due to circumstances which indicate a risk of flight, as well as grounded suspicion that the suspects, if released, would destroy and hide important evidence and clues in an effort to obstruct and prevent the criminal proceedings against them; that they would influence witnesses, accomplices and concealers, as well as due to grounded suspicion that the suspects, if released, would repeat some of the criminal offenses they are charged with.
Custody motion was filed to the Court of BiH and the Prosecutor's Office of BiH continues its investigation in the matter aiming to proceed with the indictment.