Report Filed Against Former Mayor of Stari Grad Sarajevo Ibrahim Hadžibajrić for Criminal Offense

(Patria) - On October 25, 2023, the Federal Police Administration filed a Report on the committed criminal offense of "Abuse of Position or Authority" under Article 383, Paragraph 3 of the Criminal Code of the Federation of Bosnia and Herzegovina against Ibrahim Hadžibajrić, former Mayor of the Municipality of Stari Grad Sarajevo, after police officers had previously obtained and analyzed documentation related to the expenditure of funds from the special fee for protection against natural and other disasters, and interviewed a number of witnesses.

From the collected documentation and witness statements, it is evident that during March 2020, following the declaration of a state of natural disaster caused by the coronavirus pandemic, Ibrahim Hadžibajrić abused his position as Mayor of the Municipality of Stari Grad Sarajevo and Commander of the Municipal Civil Protection Headquarters, and made decisions by which the amount of 117,200.00 KM was distributed to categories of demobilized soldiers, unemployed mothers, certain persons "characterized as vulnerable," as well as persons over 65 years of age. In addition, certain monetary amounts were allocated to some health, social and religious institutions in the area of the Municipality of Stari Grad Sarajevo for the purposes of fighting the pandemic, and the total amount of allocated funds was 154,721.70 KM.

The expenditure of funds from the special fee is defined by the Law on Protection and Rescue of People and Material Goods from Natural and Other Disasters ("Official Gazette of the Federation of BiH", No. 39/03, 22/06 and 43/10) and the Decision on the Conditions and Manner of Using Funds Realized from the Special Fee for Protection against Natural and Other Disasters ("Official Gazette of the Federation of BiH", No. 4/12, 80/13 and 20/20), which stipulates that the Federal Administration of Civil Protection, within its competence, performs inspection supervision tasks, therefore cooperation with the same Administration was established earlier. After the inspection supervision was carried out, it was determined that the funds from the special fee in the amount of 154,721.70 KM were spent for non-purpose purposes.

Considering the manner of allocation as well as the fact that the allocation itself was carried out in the period of 2020, in which local elections in BiH are held, and that the funds were distributed contrary to the legally defined purpose, the actions of the then Mayor of the Municipality of Stari Grad contained the elements of the criminal offense of "Abuse of Position or Authority".

The Federal Police Administration had previously also submitted to the Cantonal Prosecutor's Office of Sarajevo Canton a Report on the committed criminal offense of "Giving False Information on Property and Income" under Article 20a of the Law on Reporting and Verification Procedure of Property Data of Public Officials in Sarajevo Canton (Official Gazette of Sarajevo Canton No. 18/19 and 12/22) against Ibrahim Hadžibajrić.

The authority to act according to the provisions of the aforementioned Law lies with the Office for the Fight against Corruption and Quality Management of Sarajevo Canton, and the Federal Police Administration, when documenting the said criminal offense, cooperated with it in terms of temporary seizure of documentation and clarification regarding the receipt and verification of the content of Property Declaration Forms which the Office conducts.

The Law defines the term "property" which includes "property" of things and rights acquired by a public official, and includes all things and rights, especially real estate and movables, receivables, business shares, securities, money, works of art, precious metals and precious stones owned by him or owned by his close relative, i.e., persons living in a common household with the public official.

Ibrahim Hadžibajrić, as the holder of an executive function, elected Mayor of the Municipality of Stari Grad Sarajevo, was obliged under the provisions of the aforementioned Law to report to the Office for the Fight against Corruption and Quality Management of Sarajevo Canton, the funds deposited in accounts as property. Given that on August 1, 2022, and February 20, 2023, he submitted Property Declaration Forms to the Office for the Fight against Corruption and Quality Management of Sarajevo Canton, in which he failed to state significant amounts of deposited funds in several bank accounts, a Report on the committed criminal offense of "Giving False Information on Property and Income" was filed against him.