Final Decision of the Court of BiH: Fikret Hodžić and Srebrena malina Acquitted in the Respirators Case

(Patria) - Fikret Hodžić is not guilty. The Appellate Chamber of the Court of BiH has finally acquitted Fikret Hodžić in the Respirators case. His company "Srebrena malina", through which respirators were procured for the Federation of BiH during the coronavirus pandemic, has also been finally acquitted.

This decision was made after the Constitutional Court of BiH determined that Fikret Hodžić's human rights were violated during the initial criminal proceedings, and that his right to a fair trial was breached.

“The appeal of F. H. and 'F. H. Srebrena malina' d.o.o. is accepted. A violation of the rights of F. H. and 'F. H. Srebrena malina' d.o.o. is established in the part of the Judgment of the Court of Bosnia and Herzegovina number S1 2 K 039029 23 Kž 3 of November 2, 2023, which decided on the appellants' objection that they did not know what they were being charged with, thereby violating the right to a fair trial under Article II/3.e) of the Constitution of Bosnia and Herzegovina and Article 6, paragraph 3, point a) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Judgment of the Court of Bosnia and Herzegovina number S1 2 K 039029 23 Kž 3 of November 2, 2023, is annulled in relation to F. H. and 'F. H. Srebrena malina' d.o.o. The case is returned to the Court of Bosnia and Herzegovina, which is obliged to issue a new decision urgently in accordance with the right to a fair trial under Article II/3.e) of the Constitution of Bosnia and Herzegovina and Article 6, paragraph 3, point a) of the European Convention for the Protection of Human Rights and Fundamental Freedoms,” was stated in the decision of the Constitutional Court of BiH rendered in November last year.

In the initial criminal proceedings, Hodžić was finally convicted together with former Prime Minister of the FBiH Fadil Novalić and former Director of the Federal Administration of Civil Protection Fahrudin Solak. Hodžić was then sentenced to five years in prison. In March last year, he was sent to serve his sentence in Vojkovići. However, in November of the same year, the Constitutional Court of BiH accepted his appeal and annulled the conviction in the part concerning Fikret Hodžić.

After the decision of the Constitutional Court of BiH, the trial of Hodžić and "Srebrena malina" was reopened. The Prosecutor's Office of BiH, i.e., prosecutor Džermin Pašić, maintained their earlier claim that Hodžić knew he was charged with abuse of office for which he was convicted in the annulled part of the judgment.

The Appellate Chamber of the Court of BiH, however, has now decided that Fikret Hodžić is not guilty. This decision is final and no one has the right to appeal it.