Kajganić for NAP: I respect the Srebrenica genocide verdicts, I expect new indictments from the BiH Prosecutor's Office for these crimes

(Patria) - Milanko Kajganić, Chief Prosecutor of the BiH Prosecutor's Office, has been a frequent guest in the media lately. In numerous interviews, he answered a large number of questions, and regarding his appointment to this position.

However, one question was not directly asked, so we contacted Kajganić. The question was very simple – do you personally respect the verdict handed down in The Hague for the committed genocide in Srebrenica?

“I am a legalist and of course I respect and acknowledge all final verdicts, for all criminal offenses, including verdicts for the criminal offense of genocide. I note that in the Special Department for War Crimes, while I was heading that Department, indictments were filed and verdicts were delivered for the criminal offense of genocide and aiding and abetting genocide, and I believe it will be the same in the future,” said Kajganić.

We also wanted to hear a clarification regarding the discussion about genocide denial and the fact that there are no indictments for such an offense, despite dozens of reports for this criminal offense.

“Regarding the shortcomings of judicial practice in relation to the amendment of Article 145a of the Criminal Code of BiH, an analysis of available domestic and international judicial practice was conducted within the BiH Prosecutor's Office, and it was established that, specifically in the case of Holocaust denial, the European Court of Human Rights took the position that it is an abuse of the right to freedom of expression, which has greatly facilitated prosecutors in prosecuting Holocaust denial, which is not the case with the provision of Article 145a of the Criminal Code of BiH (in the case of denial of genocide and war crimes, it must be proven that it is such that it could incite violence, unlike the Holocaust where this does not need to be proven),” said Kajganić.

On the other hand, in the previous period, the BiH Prosecutor's Office, it is noted, has filed several indictments for the criminal offense of Inciting national, racial, and religious hatred, discord, and intolerance from Article 145a (among others, Mandić-Elta, Fatmir Alispahić, and the Ravna Gora Movement), with only one conviction being delivered, which is not yet final, given that in the mentioned case, the first-instance verdict was acquittal.
 
“Therefore, it is evident that we still do not have a final conviction for the criminal offense from Article 145a of the Criminal Code of BiH.
 
We also draw attention to the fact that since 2021, 71 cases related to Inciting national, racial, and religious hatred, discord, and intolerance have been formed in the BiH Prosecutor's Office, and that not a single one was formed based on a received report of a committed criminal offense submitted by a police authority, with evidence, witness statements, and everything necessary.
 
It is useful to note that 40 reports were submitted via e-mail and that a significant number of report submitters did not show readiness for further cooperation, but also that 14 anonymous reports were recorded, in which cases cooperation with the report submitters cannot be expected,” added Kajganić.
 
Therefore, given that the BiH Court has almost always delivered acquittals in the previous period, I believe that a conviction, if confirmed, will show how to approach the prosecution of the criminal offense of Inciting national, racial, and religious hatred, discord, and intolerance from Article 145a in the future. 

(A.Č.Z.)