OSMAN MEHMEDAGIĆ ACQUITTED OF CHARGES

(Patria) - The Court of BiH acquitted Osman Mehmedagić, director of OSA, and OSA employee Muhamed Pekić of charges of abuse of office in relation to the seizure of video surveillance footage from BH Pošta in August 2020. Judge Branko Perić stated that this trial will remain in the dark history of the Court, during which unprecedented pressures were exerted on the Court of BiH.

"We did not succumb to any pressure, but the spirit of certain policies hovers over this case, but I will not elaborate further on this," said Perić.

The Court determined that the accused did not have direct intent to cause direct damage to the injured parties M.B. and A.O. He stated that the testimony of witness Ibrahim Međedović was clear and convincing that the operation had started earlier, and that there was no basis for destroying the collected data as the operation was still ongoing.

"The prosecution witnesses completely dismantled the indictment's construction; the prosecutor did not dispute the witness's testimony. Abuses are a reality in this country, but not every abuse is a criminal offense that exists only if there is intent with direct intent. It is not even described in the indictment," said Perić.

Regarding witnesses Mirela Bubalo and Amina Ohranović, Perić stated that they were intermediaries who handed over something to the post office without knowing what it was. The BiH Prosecutor's Office will file an appeal against this verdict.

The trial began on December 18, 2020, when the indictment was read, and prosecutor Oleg Čavka stated in his opening statement that this was a simple indictment and a textbook example of abuse of office.

He stated that OSA collects data on individuals significant for BiH's security, but also collects a lot of information that is not significant. He added that the law imperatively stipulates that such information must be destroyed under the supervision of the director, but that we are witnessing the "uncontrolled leakage" of such data, as well as its use for blackmail and discipline. Specifically, the seized video surveillance footage in the form of photographs was published on the Istraga.ba portal, along with the incorrect identity of the person in the photograph, thereby endangering the security of that person and their family.

According to the prosecutor, Mehmedagić and Pekić used their positions for intra-party accusations. According to the prosecutor, the privatization of the service must stop.

Judge Branko Perić actively participated in this court proceeding, very often asking questions to the witnesses who appeared in this case. He also rejected several witnesses proposed by the prosecutor because their testimony would not relate to the allegations in the indictment. Prosecutor Čavka himself withdrew some witnesses, while the defense did not call any witnesses. All witnesses who appeared before the Court of BiH in this case were cross-examined by the defense or had no questions at all.

Osman Mehmedagić's lawyer, Senka Nožica, stated after the first hearing on December 18 that "this is a classic example of a fabricated political process aimed at removing Mehmedagić from the position of OSA director, and that besides this indictment, there is another one against him, and that three investigations are underway against Mehmedagić."

On February 17, the BiH Prosecutor's Office filed a new indictment against Osman Mehmedagić, Selma Cikotić, and Muriz Drušković in connection with appointments to the Commission for appeals in the security clearance process for police and state officials. The Court of BiH refused to confirm the first indictment filed by the BiH Prosecutor's Office in this case, and the BiH Prosecutor's Office undertook additional investigative actions and filed a new indictment.

The BiH Prosecutor's Office is still investigating the diploma of the head of OSA, which he allegedly obtained in 2013 from the American University in BiH, and which he declared a secret document. While investigating this diploma, the BiH Prosecutor's Office obtained numerous findings about the illegal work of AU in BiH in the Sarajevo Canton area, which involved numerous cadres and SDA members from several institutions who appeared as lecturers or deans. This is an extensive investigation that could result in indictments against multiple individuals.