Konaković opposes the engagement of undercover investigators who expose drug cartels!

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Konaković opposes the engagement of undercover investigators who expose drug cartels!

By: Istraga.ba

It could happen that an undercover investigator from Serbia comes to your door and says - good day, I am an undercover investigator from Serbia, can you come with us, said the Minister of Foreign Affairs of BiH Elmedin Konaković, speaking at a press conference dedicated to the "sale of sovereignty to Serbia" through the police cooperation agreement between the Council of Ministers of BiH and Serbia, signed in 2010 and 2011.

Anyone who knows anything about police work knows that this cannot happen. Because an undercover investigator is not a public investigator. Here's how an "undercover investigator" is defined in the "disputed" agreement.

"Undercover investigator - a specially trained police officer of the contracting parties who, in accordance with the national legislation of the contracting parties, while concealing their identity, participates in the implementation of special evidentiary actions," reads Article 1, Paragraph 3 of the Agreement to which Konaković referred.

Therefore, both common sense and regulations lead to the conclusion that an undercover investigator is someone who is undercover and hides their identity because they participate in special operations known as special investigative actions. And it is not possible for them to say - good day, I am an undercover investigator from Serbia.



But let's see how an "undercover investigator" is used.

"Competent contracting authorities of the contracting parties may, in accordance with national legislation, allow the use of undercover investigators of the other contracting party on their territory in accordance with the conditions established by this article. The request must be sent through central contact points," reads Article 9 of the Agreement.

The "Central Contact Point for BiH" is the Directorate for the Coordination of Police Bodies. National legislation in BiH in this case are the laws on criminal procedure.

"An undercover investigator is a specially trained authorized person who investigates under an altered identity. An undercover investigator may engage in legal transactions under their altered identity. If it is necessary for the creation and maintenance of that identity, appropriate documents may be prepared, altered, or used," reads the Law on Criminal Procedure of BiH (Article 130).

Therefore, undercover investigators are engaged according to the laws on criminal procedure, and the order for their engagement is issued by the competent pre-trial judge. The possibility of engaging "undercover investigators" from other countries in BiH and those from BiH in other countries is also evident from the analysis of the work of undercover investigators available on the website of the BiH Prosecutor's Office.

And it clearly states that an "undercover investigator" must act in accordance with the legislation of the country in whose territory they operate. Undercover investigators are usually engaged in investigations targeting organized crime and corruption (drugs, money laundering), which may have particularly disturbed Minister Konaković.

The fact that the Minister of Foreign Affairs of BiH does not know what he is talking about is evidenced by the recent ceremony in Slovenia, when the country's top officials awarded members of the MUP of RS for being "undercover investigators" on Slovenian territory during the dismantling of a drug group.



The Slovenians engaged "undercover investigators" based on the agreement on police cooperation with BiH. But that is not the only case. Operation "Diamond" was carried out in April 2022. Based on the Agreement on Police Cooperation between BiH and Croatia, the BiH judiciary engaged undercover investigators who "bought drugs" from Miloš Nikolić, then a member of the Directorate for the Coordination of Police Bodies of BiH who was monitoring state minister Miloš Lučić. Nikolić was arrested by SIPA members after he sold 10 kilograms of speed to "undercover investigators" from Croatia who were posing as drug dealers.

Therefore, let's move on. If you click here, you can read the entire Agreement on Police Cooperation between BiH and Serbia from 2010 and 2011. And if you read carefully, you will see that all the claims of the leader of People and Justice, Elmedin Konaković, about "handing over sovereignty" to Serbia are not really based on truth.

- That agreement would not be a problem if the contracting party were not the Council of Ministers of BiH - claims Elmedin Konaković, Minister of Foreign Affairs of BiH.

Therefore, an intergovernmental agreement of BiH with other countries should be signed by someone else, not the state of Bosnia and Herzegovina.

And, finally, a few facts regarding the Agreement with Serbia itself. This Agreement was ratified in 2011. The current Chairman of the Presidency of BiH, Denis Bećirović, and the current state representative, Saša Magazinović, voted for it.

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