SUSPENSION OR NOT? No disciplinary proceedings initiated against Debevec, suspension from December 2023 remains in effect

(Patria) - After the BiH Court confirmed the indictment against the suspended President of the BiH Court, Ranko Debevec, Osman Mehmedagić and Milisav Pijuk, the HJPC did not precisely answer Patria's inquiry as to whether the conditions for Debevec's dismissal from the position of President of the BiH Court now exist.

Instead of clarification, the HJPC cited Article 88 (Cessation of Mandate to Perform Duties) of the Law on the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, which stipulates that the mandate of a judge or prosecutor ceases for the following reasons:

a) for judges and prosecutors when they reach the age prescribed for mandatory retirement;
b) for the president of the court after the expiry of the period for which they were appointed;
c) for the chief prosecutor and deputy chief prosecutor when they reach the age for mandatory retirement or after the expiry of the period for which they were appointed;
d) in case of resignation;
e) in case of their dismissal by the Council as a result of disciplinary proceedings;
f) if it is proven based on medical documentation that they have permanently lost the ability to perform the duties of a judge or prosecutor
g) when convicted by a final judgment for a criminal offense for which the law prescribes imprisonment.

By decision of the First Instance Disciplinary Commission of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC BiH) for judges, deciding on the request of the Disciplinary Prosecutor's Office (UDT/Office) of the HJPC BiH for the temporary suspension of the President of the Court of Bosnia and Herzegovina, Ranko Debevec, from performing his duties, Ranko Debevec was temporarily suspended from performing the duties of the President of the BiH Court from December 21, 2023, until the conclusion of the criminal investigation based on the Order for Conducting the Investigation of the Prosecutor's Office of Bosnia and Herzegovina from December 19, 2023.

When making the decision, the First Instance Commission of the HJPC BiH was guided by the nature and type of criminal offense covered by the order for conducting the investigation, which are criminal offenses from Chapter XIX of the Criminal Code of Bosnia and Herzegovina – Criminal Offenses of Corruption and Criminal Offenses Against Official and Other Responsible Functions. The First Instance Disciplinary Commission considered that the continued performance of duties by the appointed President of the BiH Court until the end of the investigation would seriously jeopardize the credibility of the judicial function and the judiciary of BiH as a whole.

This decision by the First Instance Disciplinary Commission of the HJPC BiH in no way prejudges or can affect the outcome of the criminal investigation, as well as the defense rights of the accused.

It has been confirmed to Detektor that no disciplinary proceedings have been initiated against Debevec.

Minka Kreho has been acting President of the BiH Court since Debevec's suspension.

It is still unclear whether the Disciplinary Prosecutor's Office will initiate disciplinary proceedings and whether the suspension should be extended, given that the investigation is concluded and the outcome is a confirmed indictment.

If no disciplinary proceedings are conducted against Debevec, he could remain the suspended President of the BiH Court until the end of his term, a potential resignation, or until a final verdict, depending on which of these occurs first.

Ranko Debevec is accused of the criminal offense of abuse of position or authority under Article 220, Paragraph 1 of the Criminal Code of BiH, in conjunction with Article 29 of the Criminal Code of BiH; under point 2 of the indictment, the criminal offense of forgery of an official document under Article 226, Paragraphs 1 and 2 of the Criminal Code of BiH, in conjunction with Article 29 of the Criminal Code of BiH; under point 3 of the indictment – the criminal offense of receiving a reward or other form of benefit for trading in influence under Article 219, Paragraph 1 of the Criminal Code of BiH; under point 4 of the indictment – the criminal offense of receiving a reward or other form of benefit for trading in influence under Article 219, Paragraph 1 of the Criminal Code of BiH; under point 5 of the indictment – the criminal offense of unauthorized wiretapping and audio or visual recording under Article 147.a of the Criminal Code of BiH in conjunction with Article 29 of the Criminal Code of BiH; under point 6 of the indictment – the criminal offense under Article 29 of the Law on Gender Equality of BiH and misrepresentation under Article 369, Paragraph 1 of the Criminal Code of the Federation of BiH in conjunction with Article 29 of the Criminal Code of BiH, all in conjunction with Article 53 of the Criminal Code of BiH.

Ranko Debevec's second term as President of the BiH Court began in January 2023 and lasts for six years.