Judicial Scandals: How the Prosecution Intimidated Expert Witness Ganić

By Sead Omeragić

Exactly nine days ago, on June 4, 2018, we sent questions to Chief Prosecutor Gordana Tadić. She did not answer, nor did she indicate she would. We asked her about irregularities in the BiH Prosecutor's Office: Two months ago, Patria revealed a scandal in the BiH Court. Namely, the defense attorney claims that prosecutor Miroslav Janjić committed the criminal offense of obstructing evidence in the "Đakić and Kajtazi" case. Did she receive the lawsuit from the attorney? We have information that she did and that the evidence of the criminal offense is solid and clear. What has the Chief Prosecutor done in this regard? Has she opened an investigation?

So, why has the prosecutor, whom the defense claims obstructed justice and contaminated the case, not been suspended from the "Đakić" case?

How many complaints has she received so far regarding the work of her prosecutors? How many times has she reacted to prevent consequences for the credibility of the prosecutor's offices in BiH?

The potential inaction of Prosecutor Tadić in the Đakić case could cost Bosnia and Herzegovina damages for obvious illegality in this procedure, according to Article 22 of the Law on the Prosecutor's Office of BiH. According to this article, Bosnia and Herzegovina is responsible, not the officials of the Prosecutor's Office. Will she allow such an outcome of this process?

Paragraph 2 of this article states that "Bosnia and Herzegovina reserves the right to seek damages from an official if it is determined that the official intentionally took actions aimed at causing damage or harm, or if the damage or harm is a consequence of the official's negligent performance of duties."

Chief Prosecutor Tadić's silence on these judicial catastrophes is significant. The prosecutor, judging by her casualness in answering simple journalistic questions, agrees with these illegalities of her prosecutor. A new shock followed the case of Đakić and Kajtazi, which the defense claims is contaminated and has turned into a complete judicial catastrophe. Namely, the trial of Mensur Đakić and Begzad Kajtazi is scheduled for June 13, 2018. At that trial, evidence is to be presented by a military expert, General Nehru Ganić.

Prosecutor Janjić filed a request to exclude General Ganić as an expert witness due to an indictment for an alleged crime. So the process has not even begun, and the prosecutor has declared Ganić guilty. For the prosecutor, the presumption of innocence does not exist. In the request to exclude expert witness Ganić, prosecutor Miroslav Janjić refers to the principles of restorative justice, which is not part of our system and is only in an experimental stage in European justice. Incidentally, he forgot that he himself is accused of hiding crucial documentation and preventing a fair trial for Đakić and Kajtazi.

The Court, regarding these requests from prosecutor Janjić, asked for a statement from attorney Mulahalilović, who submitted his opinion on June 8, 2018.

The attorney writes about several problematic constructions by the BiH Prosecutor's Office: Expert witness Ganić received the decision on expertise on November 7, 2017. He submitted his proper report on November 30, 2017. At that time, no indictment had been filed against him. The indictment against Ganić was filed on April 16, 2018. It will be confirmed that the Prosecutor's Office is harnessing the judicial apparatus for its illegal goals.

Namely, expert witness Ganić was summoned on March 30, 2018, at 1:00 PM, to provide expertise in the Đakić and Kajtazi case. Then the prosecutor's abuse of power occurs. On the same day, March 30, at 11:00 AM, that is, two hours earlier, General Ganić was summoned to give a statement regarding an alleged war crime case in Čemerno. Of course, that questioning was prolonged, and Ganić could not make it to the expertise in the Đakić and Kajtazi case. Those who have seen Ganić's expertise say it is a top professional analysis that would definitively refute numerous absurd charges by the prosecution against Đakić and Kajtazi.

For more than half a year, since the campaign against him began, Ganić has been trying to find television footage to prove that he has no connection to the disputed events in Čemerno.

Attorney Mulahalilović believes that "such actions by the War Crimes Department can only be attributed to a severe abuse of judicial authority, which aims to intimidate expert witness General Ganić."

Just as this text was being written, we learned that the BiH Court rejected prosecutor Janjić's request to exclude the expert witness. The prosecutor will have the opportunity to face expert witness General Ganić. The facts remain that this was another severe blow to the judiciary in BiH.