Lawyer Bajramović: Case 'Novalić and others' is before the Constitutional Court of BiH, Konaković obstructs justice

(Patria) - Lawyer Marsela Bajramović, who represents the former director of the Federal Civil Protection Administration Fahrudina Solaka in the "Fadil Novalić and others" case, has responded to the announcement by the Minister of Foreign Affairs of BiH, Konaković Elmedin, about holding a "special" press conference to publicly read the verdict for Novalić and others and print thousands of copies for citizens.

We are transmitting the response in its entirety.

"Appreciating the provisions and guarantees of the Constitution of BiH and Article 6 of the European Convention on Human Rights, as the defender of the convicted Solak Fahrudin, whose rights and interests I continue to represent before the Constitutional Court of Bosnia and Herzegovina, and in relation to the announcement by the Minister of Foreign Affairs of BiH, Konaković Elmedin, about holding a "special" press conference to publicly read the verdict for Novalić and others, printing thousands of copies for citizens, and "presenting evidence" from that case, it is my obligation as a defender to issue this press release.

First of all, we believe that such conduct by a high-ranking official of Bosnia and Herzegovina is a gross abuse of power and obstruction of justice. The content of both the first and second-instance verdicts of the Court of BiH in the legal matter in question, as well as the dissenting opinion of judge Branko Perić, has never been a secret. On the contrary, these decisions have been published on the website of the Court of Bosnia and Herzegovina shortly after their adoption and written elaboration and have been available to the public since then. The public has also been informed (as numerous media outlets have reported) that these convicted individuals have filed an appeal with the Constitutional Court of Bosnia and Herzegovina to review the convictions in this criminal matter.

The Constitutional Court of Bosnia and Herzegovina has not yet made a decision regarding the filed appeals.

Therefore, we justifiably conclude, as stated above, that such actions by the Minister of Foreign Affairs constitute not only a so-called "trial in public after the trial" but also a conscious attempt to influence the proceedings before the Constitutional Court of Bosnia and Herzegovina from a position of power, which is impermissible.

It is shocking that the acting minister announces the "presentation of evidence" from this proceeding. In this regard, if he decides to use evidence from that proceeding (with a mandatory explanation of how he obtained such evidence), then we at least hope that he will present it objectively – for example, by playing the audio/video recording from the trial when defense witnesses testified, experts who confirmed the validity of the purchased apparatus in all respects; or by playing the recording of the session of the Government of the Federation of BiH of March 16, 2020, or by showing all the offers for ventilators that arrived at the Federal Civil Protection Administration, etc., etc.

All this is due to one of the earlier public statements by the acting minister when he pleaded with the media to also publish and cite the other side's arguments when reporting, referring to lawyers who acted as defenders in another case before the Court of BiH (after the operation codenamed "Black tie").

Also, in order to inform the public objectively, we hope that the acting minister will explain how the current government, together with the Federal Civil Protection Administration, dealt with the disaster that affected the Municipalities of Jablanica, Kiseljak, and Fojnica, and what the difference is in that approach compared to the actions of the Government and the Director of FUCZ during the corona period?

Finally, both my client and I, as citizens of this country, are interested in where the minister plans to hold such a press conference, in what capacity, and with whose money he plans to copy thousands of copies of the Court of BiH's decisions in the case of Fadil Novalić and others?

Ultimately, we expect the Minister of Foreign Affairs to reconsider such a decision and free the judicial bodies from any potential pressure and influence, or to allow and enable (which is his legal and constitutional obligation) the unimpeded work of the judiciary and the right of every citizen to a fair and just proceeding, and a proceeding before an independent and impartial court. In any case, we believe that the Constitutional Court of BiH, as the highest guarantor of rights in our country, will appreciate the facts from the criminal proceeding in question bona fide," the legal team announced.