Written by: A. Čorbo-Zećo
In the prison where they are serving their sentences, Fadil Novalić, Fahrudin Solak and Fikret Hodžić are currently somewhat forgotten.
While awaiting the decision of the Constitutional Court of Bosnia and Herzegovina on their appeal, we recall that the Court of Bosnia and Herzegovina sentenced them to multi-year prison terms in the case known as 'Respirators'. By that verdict, Novalić was sentenced to four years in prison, Solak to a combined sentence of six years, and Hodžić to five years in prison for abuse of position.
How many holes there were in this verdict we knew immediately upon reading the dissenting opinion of Judge Branko Perić, who subsequently went through an ordeal, which also included a media harangue against this judge, who has since retired.
And, what kind of legal omissions were involved, we learn every day just by following new cases like the 'Black tie' operation or the case of Milorad Dodik, who is on trial before the Court of Bosnia and Herzegovina.
First, within the 'Black tie' operation, we established that the Court of Bosnia and Herzegovina is not competent for the criminal offenses of accepting a reward or other form of benefit for influence peddling under Article 382 of the Criminal Code of the Federation of Bosnia and Herzegovina and abuse of position or authority under Article 383 of the Criminal Code of the Federation of Bosnia and Herzegovina, for which Novalić, Solak and Hodžić were convicted (?), and now during the trial of Milorad Dodik we learn that newspaper articles cannot be evidence.
Judge Sena Uzunović immediately rejected the Prosecution's material evidence which included 30 newspaper articles, stating that they cannot be evidence in criminal proceedings because they represent opinion and are not based on facts.
Of course, legally speaking, they cannot be, but when Novalić, Solak and Hodžić are being tried, newspaper articles are taken and accepted as evidence. Even more, in the verdict, newspaper articles are cited, alleged letters from anesthesiologists, without them being included as evidence in the case!?
Part of the verdict from the Respirators case
In the verdict, the judges refer to letters and media reports:
„As reported in the media, the Prosecutor's Office of the Sarajevo Canton opened a case that also related to that letter, in connection with which in May of the same year 13 anesthesiologists from the Clinical Center of the University of Sarajevo resigned and moved to the General Hospital 'Prim. Dr. Abdulah Nakaš' in Sarajevo“, as it was stated in the media“ is stated in the verdict.
The verdict includes the letter reproduced in full in footnotes, and the Prosecutor's Office of the Sarajevo Canton never reached a final decision on this case, and the letter appeared in 2021.
At that time, the Federal Prosecutor's Office, citing public concern over this information, also called on the Prosecutor's Office of the Sarajevo Canton to shed light as soon as possible on the mystery called the 'anesthesiologists' letter', but nothing significant happened, except that it is clear that this story was also used for the conviction.
It is therefore difficult to escape the impression that a great injustice has been done to the accused, now convicted in the Respirators case, and the slowness of the work of the Constitutional Court of Bosnia and Herzegovina, which is not yet known when it will consider the appeals of the convicted, is concerning. The Constitutional Court of Bosnia and Herzegovina works under difficult conditions, so no one can say with certainty when the Respirators case will be on the agenda of sessions.
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