Neither terrorism nor overthrowing the constitutional order: BiH Court's lack of jurisdiction established after three years

The Appellate Panel of the BiH Court overturned the verdict of the BiH Court by which Salem Hatibović was sentenced to two years in prison for participating in the burning of the Presidency of BiH building on February 7, 2014. As his lawyer Senad Bilić told Patria, the Appellate Panel confirmed what he had been claiming from the beginning of the court proceedings – that the BiH Court does not have actual jurisdiction over this case.

The Court of Bosnia and Herzegovina issued a first-instance verdict by which the accused Salem Hatibović was found guilty of committing a serious criminal offense against general safety of people and property under Article 328, Paragraph 1 of the Criminal Code of the Federation of Bosnia and Herzegovina. So, here the jurisdiction of the BiH Court has indeed been expanded – says Bilić.

We remind you that Hatibović was found guilty in connection with the criminal offense of causing general danger under Article 323, Paragraph 1 of the Criminal Code of the Federation of BiH. In this regard, the Court imposed a prison sentence of two years on the accused.

As Bilić further states, there are political games involved here, as press conferences were held at the time announcing spectacular arrests.

- It was said that people would be held responsible for terrorism, overthrowing the constitutional order... I had the same story then and now, and the Appellate Panel has established that I am right – adds Bilić.

The indictment against Hatibović (58) and Nihad Trnka (23) was filed in August 2015. Trnka was sentenced to one year in prison after pleading guilty.

Now, if the BiH Court considers that a criminal offense has been committed, it can refer the case to lower instances.