Lawyers of Europe wrote to the FBiH Minister of Justice: Vasvija Vidović was unjustly convicted and must be protected

(Patria) - The Council of Bars and Law Societies of Europe (CCBE), representing bar associations and legal societies of 46 countries, and through them, over 1 million European lawyers, has sent a letter to the Ministry of Justice of Bosnia and Herzegovina, the Ministry of Justice of the Federation of BiH, and the HJPC.

The CCBE, as stated in the introduction of the letter, attaches great importance to the respect for human rights and the rule of law and is particularly concerned about the human rights situation of defenders worldwide, which also applies to the prosecution of well-known Bosnian-Herzegovinian lawyer Vasvija Vidović.

- The CCBE has already expressed concern in a previous letter dated June 24, 2024, regarding the detention and prosecution of lawyer Vasvija Vidović.

The CCBE now wishes to reiterate its serious concern regarding the one-year prison sentence and the ongoing prosecution she faces - states the letter addressed to the Federal Minister Vedran Škobić, reminding him of the details related to the prosecution of Vasvija Vidović.



- According to available information, on February 5, 2025, the Court of Bosnia and Herzegovina issued a first-instance verdict in the criminal proceedings against Ms. Vidović, finding her guilty of Obstruction of Evidence under Article (2) of the Criminal Code of Bosnia and Herzegovina.

The court sentenced her to one year in prison, including the time spent in detention from December 18, 2023, to December 20, 2023.

It is reported that Ms. Vidović was convicted on charges that on December 18, 2023, while acting as the defense counsel for client R.D. in the official premises of the State Investigation and Protection Agency, she took her client's mobile phone and hid it in her bag, allegedly knowing that the phone was to be confiscated by court order.

However, it is clear that such an order/warrant did not exist at the time of the event. Nevertheless, it is reported that the Court ruled that she, as a lawyer, "must have known" that the phone would be subject to confiscation, which contradicts the fundamental principles of criminal law, according to which guilt must be established based on proven facts, not assumptions.

Furthermore, it is reported that the Court considered her many years of experience as a lawyer as an aggravating circumstance when issuing the verdict - the letter signed by CCBE President Thierry Wickers further states.

The CCBE expresses "serious concern that Ms. Vidović's indictment and conviction are based on flawed legal reasoning and violate fundamental principles of due process and the right to a fair trial. Furthermore, it is reported that her prosecution is actually linked to her legitimate activities as a lawyer, including her public criticism of the Chief Prosecutor and the fact that she represents high-profile clients. Additionally, it is reported that her trial was marked by procedural irregularities, public disclosure of confidential case details by the prosecution, and continuous persecution, all of which have seriously jeopardized her personal safety and professional status.

The CCBE wishes to draw attention to the United Nations Basic Principles on the Role of Lawyers (attached), particularly principles 16, 17, and 18 concerning guarantees for the exercise of lawyers' functions and principle 23 concerning freedom of expression and association," the CCBE letter further states.

The CCBE further "respectfully calls on the authorities of Bosnia and Herzegovina to protect the safety and professional integrity of lawyer Vasvija Vidović, and to dismiss the charges against her, as they appear to stem from her legitimate work as a lawyer".

Reminding that "all lawyers must be able to carry out their professional duties without fear of reprisal, interference, intimidation or threats, in order to preserve the independence and integrity of the administration of justice and the rule of law.

In this regard, the CCBE wishes to draw attention to the Council of Europe's work on the draft European Convention on the Protection of the Legal Profession, which is in the process of adoption, and strongly urges the authorities of Bosnia and Herzegovina to support its adoption and signing in the coming months," states the letter sent by the Council of Bars and Law Societies of Europe (CCBE) to the Ministry of Justice of the FBiH, addressed to Minister Vedran Škobić, as well as to the Ministry of Justice of BiH, the HJPC, and the High Judicial and Prosecutorial Council, concerning the prosecution of lawyer Vasvija Vidović.

Given that on March 12, 2025, the Committee of Ministers of the Council of Europe adopted the Convention on the Protection of the Legal Profession, which emphasizes that "lawyers are essential for the administration of justice, they are key to the realization of the rule of law, the protection of our human rights," the question remains how those to whom the CCBE letter was sent will understand its content.