Radončić sues Bosnia and Herzegovina for moral damages

(Patria) - Fahrudin Radončić, finally acquitted of charges of obstructing justice, has sued Bosnia and Herzegovina for unlawful arrest and the time spent in custody and under restrictive measures during the proceedings, while the BiH Prosecutor's Office has requested that the claim be dismissed as unfounded.

Almina Pilav, legal representative of Fahrudin Radončić, reminded at the preparatory hearing that Fahrudin Radončić was arrested on January 25, 2016, on grounds of reasonable suspicion that he had committed the criminal offense of "association for the purpose of committing criminal offenses, obstructing justice, and receiving a reward or other form of benefit for trading in influence." She stated that, at the proposal of the BiH Prosecutor's Office, he was remanded in custody for one month on January 27 of that year, Detektor.ba reports.

During the arrest of Fahrudin Radončić, which took place in Sarajevo and was recalled in the lawsuit by Pilav, "a large number of SIPA (State Investigation and Protection Agency) members armed with long barrels participated," adding that there was "inappropriate use of force." She recalled that Radončić held the position of delegate in the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina during that period.

At the plea hearing on February 17, 2016, the BiH Court accepted the proposal of Fahrudin Radončić's Defense to lift the custody measure, as Pilav stated, after which restrictive measures were imposed on him, only to have custody reinstated until April 14 of that year after the Prosecutor's Office's appeal. Pilav emphasized that her client spent a total of 66 days in custody, 15 of which were under house arrest.

Pilav stated that the plaintiff was hospitalized at the University Clinical Center Sarajevo (KCUS) during his custody, where he was transferred from the detention unit. As he was under the jurisdiction of the BiH Court, the Prosecutor's Office conducted checks and an investigation into his hospital stay, and due to mobbing of doctors, the plaintiff voluntarily terminated his treatment.

"He is a reputable and respected individual who was not unavailable to law enforcement agencies, and the imposition of custody and restrictive measures in the manner they were applied to the plaintiff was completely incomprehensible and unlawful," she said, recalling that the proceedings resulted in an acquittal judgment confirmed by the BiH Court on October 25, 2018.

Pilav stated that the restrictive measures against her client lasted for a total of 158 days, during which, as she said, he suffered "moral damages due to the violation of his freedom of movement, honor, and reputation."

"As the plaintiff's personal integrity was grossly violated, we believe that satisfaction must be provided in the form of monetary compensation for non-material damages," stated Pilav, who submitted more than 40 material pieces of evidence.

Assistant State Attorney Mladen Draganić stated that the claim is unfounded and requested its dismissal. He said that no law "provides for compensation for damages for the imposition of restrictive measures, nor for conducting criminal proceedings."

"If we are talking about restrictive measures as a basis for compensation, they must be assessed from the standpoint of legality, not justification. These measures were legal and correctly imposed on the plaintiff," said Draganić.

The proceedings will continue on January 25, 2022, when the basis and amount of Fahrudin Radončić's claim will be discussed, and he will be heard as the injured party. The hearing is also scheduled to hear a medical expert witness.