Decision of the Disciplinary Prosecutor's Office: Kajmaković transferred from Deputy Chief Prosecutor to Prosecutor at the BiH Prosecutor's Office

(Patria) - The First Instance Disciplinary Commission of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC BiH/Council), in the disciplinary proceedings against the Deputy Chief Prosecutor of the Prosecutor's Office of Bosnia and Herzegovina, Dijana Kajmaković, has made a Decision establishing the disciplinary responsibility of the accused and imposing a disciplinary measure: transfer from the position of Deputy Chief Prosecutor of the BiH Prosecutor's Office to the position of Prosecutor at the BiH Prosecutor's Office.

Namely, the accused was found responsible for, while performing the duties of a manager at the BiH Prosecutor's Office, keeping documents marked with a secrecy level in a safe in her office, without proper registration, received between 08.11.2021 and 24.08.2022, personally delivered to the accused "by hand", relating to the "Sky application" cases.

This resulted in the failure to register prosecutorial files in accordance with regulations or failure to file them into existing prosecutorial files and the failure of the acting prosecutors to manage the documentation. She also failed to properly record and hand over the aforementioned documentation to the acting Chief Prosecutor.

By this, she committed a disciplinary offense under Article 57, point 23 of the Law on the HJPC of BiH: "any other conduct that constitutes a serious breach of official duty and calls into question public trust in the impartiality and credibility of the prosecution".

Furthermore, the accused is responsible for, knowing that the verification of allegations in a prosecutorial case concerned the verification of communications of criminal individuals from the "Sky application" case in relation to her, requesting from a professional associate access to documents from the case file, thereby using her position to obtain undue benefits in the form of acquiring information that should not be available to her, thus committing a disciplinary offense under Article 57, point 6 of the Law on the HJPC of BiH: "using the position of a prosecutor to obtain undue benefits for oneself or other persons".

In this regard, in accordance with Article 58, paragraph (1), point f) and Article 59 of the Law on the HJPC of BiH, and in accordance with the Guidelines for Determining Disciplinary Measures in Disciplinary Proceedings, the aforementioned disciplinary measure has been imposed on the accused.

There is a possibility to appeal the decision of the First Instance Disciplinary Commission to the Second Instance Disciplinary Commission of the HJPC BiH.

We note that the previous decision of the disciplinary commission to suspend Dijana Kajmaković from performing the duties of a prosecutor at the BiH Prosecutor's Office remains in force until the disciplinary proceedings against her are legally concluded.

We would also like to state that during the disciplinary proceedings, the Disciplinary Prosecutor's Office (DPO) highlighted the fact that on 26.09.2022, the accused, in her capacity as a prosecutor at the BiH Prosecutor's Office, was included on the list of the United States Department of the Treasury (OFAC) through an Executive Order of the Office of Foreign Assets Control (OFAC), considering that this makes the accused further unworthy of performing prosecutorial duties.

However, regarding these circumstances, i.e., the reasons stated in the US Executive Order, the DPO did not present evidence or prove the allegations in this disciplinary proceeding, and therefore the First Instance Disciplinary Commission could not establish facts that would influence the potential making of a different decision than the one mentioned above.

Finally, considering that a case has been formed against Dijana Kajmaković at the BiH Prosecutor's Office, the First Instance Disciplinary Commission of the HJPC BiH calls upon the BiH Prosecutor's Office to act within its jurisdiction in the said case, it was announced from the HJPC.