INAPPROPRIATE STATEMENTS Complaint filed against lawyer Omar Mehmedbašić

(Patria) - Non-governmental organizations, members of the Women's Network of BiH, have filed a complaint with the Regional Bar Association in Sarajevo to initiate disciplinary proceedings against lawyer Omar Mehmedbašić, due to his statements as the defense lawyer for the perpetrator of a recent femicide in Sarajevo.

On Monday, November 13, another woman became a victim of the system. According to media reports, a man killed his former partner with whom he has a child and with whom he had a dispute over joint custody of the child. The perpetrator had previously been convicted of domestic violence.

In addition to the failures of the competent authorities, this time the public's attention was drawn to the statement of the accused's defense lawyer, Omar Mehmedbašić, who justified the committed violence by the accused's love for the victim.

It was violent behavior, they were not married. They had a child. He cried every day in prison and undoubtedly loved her. What happened yesterday, I don't know. We will see today when he gives his statement. In any case, we will see. I don't know what happened. The defense doesn't have many cards here, we will have witnesses that he loved her very much and that he loved the child. And that he was never violent.

The Women's Network organizations pointed out that unregistered cohabitation is equal to marriage. Therefore, violence committed in an unregistered cohabitation can and must be treated as domestic violence, not violent behavior. This is also confirmed by the fact that the perpetrator had previously been convicted of this criminal offense. It has been repeated countless times that love must not and cannot be an excuse for violence committed. Domestic violence usually results in murder, which is actually an attempt by the perpetrator to re-establish control over the victim who, by leaving him and reporting the violence, takes away his power.

The lawyer further states:

He met with the child and they argued. He just pushed her. Femicide has risen to another level. Lately, I have about 40 people who are imprisoned in Zenica, but they are not criminals at all. They showed some explosiveness in marriage. Now people are imprisoned much more easily. The law is much stricter now. I came later and saw a broken door and the police took the gun. Now he will give a statement and we will have a better picture. He has another 24 hours to be handed over to the KS Prosecutor's Office.

He certainly regrets it. He regretted it last time too. We cannot blame the state for these individual cases, it happens everywhere, including here. Love is an unpredictable thing, when someone wants to kill you, they will kill you. Nothing could have happened here preventively.

''We are aware that a lawyer, as a defense counsel, is obliged to act in the best interests of the client, however, the statement in question, in several of its segments, at a time when BiH society is facing the severe consequences of recent and brutal femicides, including the brutal murder of Nizama Hećimović just three months ago, represents an extremely dangerous, inappropriate, and harmful narrative. Such a narrative is, on the one hand, discouraging and humiliating for the victim, and on the other hand, motivating, not only for the specific suspect but also for perpetrators of criminal offenses in general.

The lawyer also points out that he is aware of the significant increase in femicides in Bosnia and Herzegovina, which is also evident from his statement in which he clearly indicates that he has “40 people who are imprisoned in Zenica”. However, what is even more problematic is that the lawyer condemns the severity of punishment for femicide, which, in his opinion, is clearly just another private problem.'' – the organizations state.

It is extremely problematic that for individuals currently imprisoned in Zenica, for whom he clearly indicates that they were perpetrators of femicide, he states that they “are not criminals at all”, thereby sending a clear message that he does not consider killers of women to be criminals, thus violating the dignity of family members and those left behind by the victim. Such and similar justifications are unacceptable, especially in the context of comments that transfer domestic violence into the sphere of private life, stating that nothing can be done in that regard – prevention, including the comment that “when someone wants to kill you, they will kill you”, which strongly alludes to the position of women as property of men, with whom men can literally do whatever they want, including committing femicide, which according to the lawyer is “explosiveness in marriage”.

The Code of Lawyers' Ethics of the Federation of Bosnia and Herzegovina stipulates the duties of every lawyer to serve as an example of humanity, respect for human dignity, and progressive efforts in recognizing, protecting, and realizing fundamental human rights and freedoms through their conduct.

Finally, lawyers are obliged to preserve the reputation and dignity of the legal profession, both in the performance of their duties and in their private lives.

The lawyer's statements indicate his direct disrespect for human rights, in this specific case, women's human rights, which have and can have a discouraging message that domestic violence, especially violence against women in Bosnia and Herzegovina, is expected, institutionally neglected, and should remain so.

In light of all of the above, the members of the Women's Network believe that the lawyer's conduct in the manner described constitutes a violation of several professional duties.
The Women's Network of BiH emphasizes that it does not intend to shift all responsibility to Mr. Mehmedbašić for the state of society, nor to absolve the authorities responsible for protecting the victim. On the contrary, it emphasizes the importance of timely action by the police, social work centers, the prosecutor's office, and the court.

But it is important to point out that each of us, especially considering the position and reputation a person enjoys in society, bears responsibility for the words spoken that contribute to the spread of stereotypes and the incitement of violent behavior.