(In)justice in the Courts

Written by: Amra Varatanović

The Cantonal Court in Sarajevo has issued a guilty verdict of 14.5 years in prison for Sanjin Sefić, who caused the death of two female students, Selma Agić and Edita Malkoč, in October 2016 and fled the scene, while his accomplices, including his sister Sara, were acquitted of all charges. The explanation given by the presiding judge of the Trial Chamber, Igor Todorović, was that the Sarajevo Canton Prosecutor's Office had not presented valid evidence that the accused had committed the crimes they were charged with.

The families of Agić and Malkoč are shocked, humiliated, and disappointed in the judicial system. They stated that if they had any hope for justice, it no longer exists. They are asking whether one life is worth seven years in prison. What did the Court consider?

The questions are numerous, and for now, there are no answers. The Sarajevo Canton Prosecutor's Office stated that they are „concerned by the Cantonal Court's verdict and will file an appeal.“ And that was all. There has been no sign or word from Chief Prosecutor Dalida Burzić. 

Adela Duraković, the lawyer for the Agić and Malkoč families, said after the verdict that the Court emphasized that „the Sarajevo Canton Prosecutor's Office did not properly qualify the criminal offense but instead applied a milder qualification.“ The question is who supervised the indictment filed in this case. Theoretically, this should first have been done by Chief Prosecutor Dalida Burzić, and then by the Federal Prosecutor's Office. Even at the very conclusion of the case, the Prosecutor's Office made a mistake because it was not prepared for the closing argument. Numerous lawyers state that the case was clear from the very beginning, but someone will have to answer why everything went in the wrong direction.

The Court accepted the findings of the defense experts and rejected those of the Sarajevo Canton Prosecutor's Office expert Ševal Kovačević. His findings were completely rejected in the case of Dženan Memić as well, being assessed as „superficial, incomplete, unprofessional, and unacceptable.“ Can such an expert still be considered credible for the Sarajevo Canton Prosecutor's Office and the court? 

Lawyer Duraković states that justice was not served, particularly in the part concerning the acquittal of the accomplices, despite all the evidence presented.

An appeal to the Supreme Court of the Federation of Bosnia and Herzegovina could have two scenarios. One is that the Supreme Court of the FBiH overturns the verdict, and the other is that it sends everything back to the beginning at the Cantonal Court.

Two young lives have been lost; no punishment could bring them back. But the question is what kind of justice can we expect when such verdicts are handed down?

For years, we have been hearing about judicial reform, the need for a better position for victims, and an independent judiciary, yet the situation is getting worse. If the media report on cases, then the judiciary is under pressure; if they do not report sufficiently, numerous failures remain hidden.

It is unclear at what point the media took on the role of overseeing the judiciary instead of the High Judicial and Prosecutorial Council.