Case Jakić and Others: Konaković must go to court again, his testimony not completed

(Patria) - Elmedin Konaković, Minister of Foreign Affairs of Bosnia and Herzegovina and president of the People and Justice party, appeared this morning at a hearing at the Municipal Court in Sarajevo in the case of Vinko Jakić, but his testimony was not completed, because Jakić's defense at the end requested the recusal of the presiding judge.

We remind that the Court previously fined and ordered the forced appearance of Konaković due to his earlier failure to appear at hearings.

Before the hearing was interrupted, Jakić's lawyers, Elmir Jahić and Alen Nakić, questioned Konaković about the manner of establishing the government, as well as about the 'division of political spoils,' specifically the distribution of companies after the formation of the FBiH Government.

Konaković stated that he does not know Jakić, but did not rule out that he had previously said that 'all sorts of things will end up in the Agency for Management of Seized Property.'

"It is not impossible, but I really don't remember, because in my view, in that government there were many who really looked corrupt. I don't remember if Mr. Jakić was possibly the subject of such a comment, but it is not impossible," said Konaković.

He confirmed that during coalition meetings, various socio-political situations are discussed, as well as personnel solutions, but that no political entity can order the FBiH Government to appoint or dismiss anyone.

Jakić filed a lawsuit after being dismissed from the position of director of the Agency for Management of Seized Property.

Incidentally, during today's hearing, after one party in the proceedings reported that a phone was being used in the courtroom, Judge Mirela Vojnović called the court police, who saw on the spot that nothing was being recorded, but ordered everyone in the courtroom to turn off and place their phones on the table.

Lawyer Nakić refused to do so, warning the Court that it cannot confiscate the mobile phones of journalists who were monitoring the hearing, nor those of lawyers, and reminded of the European Court of Human Rights judgment 'Sanel Nezirić v. Bosnia and Herzegovina.' After that, her recusal was also requested, and the hearing was interrupted.

"After the court, without any reason, ordered the attorney of the security proposal applicant to put away his phone, which was not even visible nor was he using it, nor did its use in any way disturb order in the courtroom, and after lawyer Nakić tried to be constructive in the intention to conduct the proceedings without delay, the judge, without any need, called the court police because order in the courtroom was not disturbed by anything, then after members of the court police approached by order, based on which they inspected the contents of the phones of the present journalists, which as such constitute a secret that no authority can access, especially considering that a procedural measure in the form of a warning was issued against the lawyer, without him having done anything, I submit a request for the judge's recusal," said Nakić.

He announced that he will also have to seek protection from the High Judicial and Prosecutorial Council of BiH because this treatment against him is contrary to the fundamental principles of the role of lawyers according to the European Charter on the Rights of Lawyers, and especially contrary to the stance of the European Court of Human Rights in the case Nezirić v. BiH, according to which a lawyer's phone is inviolable and an order to confiscate it cannot be issued.

(A.Č.Z.)