Diana Kajmaković's appeal partially granted

(Patria) - The second-instance disciplinary commission for prosecutors of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC), deciding on appeals by the Office of the Disciplinary Prosecutor (ODP) and the defendant Diana Kajmaković, a prosecutor at the Prosecutor's Office of BiH, filed against the decision of the first-instance disciplinary commission of the HJPC BiH, rendered a Decision partially granting the defendant's appeal, and overturning the decision of the first-instance disciplinary commission of the HJPC BiH in such a way that point a) is rejected, by which the defendant was found responsible for committing a disciplinary offense under Article 57, point 23 of the Law on the HJPC BiH, “any other conduct that constitutes a serious violation of official duty and calls into question public trust in the impartiality and credibility of the prosecutor's office.”

We recall that this concerns part of the decision of the first-instance disciplinary commission of the HJPC BiH, by which the defendant was found responsible for, while performing duties as a manager in the Prosecutor's Office of BiH, keeping documents marked with a degree of secrecy in a safe in her office, without proper registration, received in the period from November 8, 2021 to August 24, 2022, by personal delivery to the defendant “by hand,” which relate to the “Sky application” cases, which resulted in the failure to register prosecutor's files in accordance with regulations or failure to file them in existing prosecutor's files and failure to dispose of documentation by the acting prosecutors, and she failed to clear the said documentation and hand it over to the acting chief prosecutor, as stated in the contested decision.

In the remaining part, the defendant's appeal was dismissed as unfounded, and the decision of the first-instance disciplinary commission of the HJPC BiH was upheld, imposing a disciplinary measure: transfer from the position of deputy chief prosecutor of the Prosecutor's Office of BiH to the position of prosecutor of the Prosecutor's Office of BiH.

The appeal of the Office of the Disciplinary Prosecutor against the decision of the first-instance disciplinary commission of the HJPC BiH was dismissed in its entirety as unfounded.

Against the Decision of the second-instance disciplinary commission of the HJPC BiH, there is a possibility of appeal to the Council in full, and exclusively regarding the imposed disciplinary measure.