Court of BiH: Turković's Verdict Overturned Due to Criminal Procedure Violations

Considering the great public interest in the Zijad Turković and others case, and in response to the Chief Prosecutor's statement commenting on the Court of BiH's decision, for a proper understanding of the proceedings, the Court of BiH has issued a press release, writes the Patria News Agency.

The verdict against Zijad Turković and others, which overturns the first-instance verdict and orders a retrial before the Appellate Panel of the Court of BiH, is the result of several significant violations of criminal procedure made during the first-instance proceedings, namely violations of the defendants' right to defense and the right to a fair trial guaranteed by Article 6 of the European Convention on Human Rights. A fundamental right also guaranteed by the European Convention is the right to appeal, i.e., to have the first-instance decision reviewed by a higher court. Therefore, in the Zijad Turković and others case, omissions made will be rectified in the retrial before the Appellate Panel, existing evidence will be presented again as needed, and new evidence may also be introduced.

The Court of Bosnia and Herzegovina respects the principle of equality of parties in proceedings and is consistent in the proper application of criminal laws, even in the most serious cases of organized crime. The Court of BiH has not yielded and will not yield to pressure in the future, regardless of its origin: whether it is politically motivated or the result of dissatisfaction from parties in the proceedings, as is the case here. The decision of the Appellate Panel is certainly confirmation that the Court of BiH does not favor any party, and that respect for the law and equality of parties in proceedings has no alternative. The alternating reactions of dissatisfaction from parties to the Court of BiH's decisions so far confirm that there is no compromise when it comes to the rule of law.

The Court of BiH emphasizes that the Prosecutor's Office of BiH is one of the parties in the proceedings who is dissatisfied with the outcome of the appeal proceedings in this case, and certain reactions can be understood from that perspective. However, this cannot justify hasty and harsh statements that attempt to discredit not only the Court of BiH and its judges, but also the entire judicial system of BiH, and thus influence the outcome of the proceedings. We consider it inappropriate for the heads of institutions who should not only know but also respect criminal laws, including all procedural rules of first and second instance proceedings, as well as the principles of judicial independence, to make statements that cause unrest and confusion among the citizens of our country, and which have or can have no impact on the final outcome of the proceedings.

The Appellate Panel of the Court of BiH has often been the target of unfounded and malicious criticism due to its consistent application of laws, the European Convention, and decisions of the Constitutional Court of BiH. However, precisely thanks to such professional work, the Appellate Panel of the Court of BiH represents a guarantee of legal certainty and a kind of filter towards the Constitutional Court of BiH in past and future cases, and therefore there is no room for doubt about its responsibility and professionalism, it was announced from the Court of BiH.