Prosecutor's Office of BiH Expands Investigation to Multiple Persons, Decision on Detention for Dupovac and Mutap Pending

SARAJEVO, (Patria) – A hearing on the proposal for detention of suspects Hasan Dupovac and Zijad Mutap was held at the Court of BiH, following the proposal of the Prosecutor's Office of BiH which is conducting an investigation into organized crime in the case “Dženan Memić”.

As stated by prosecutor Ćazim Hasanspahić, they are suspected of the criminal offenses of aiding the perpetrator after the commission of a criminal offense and unlawful mediation.

The Prosecutor's Office submitted to the Court of BiH material evidence, testimonies of heard witnesses, on which the reasonable suspicion that Dupovac and Mutap committed the criminal-legal acts they are charged with is based.

“From the witness statements, beyond any doubt, the manner and place of how the suspects communicated that they would give money to procure a Renault Clio vehicle have been established,” said the prosecutor.

He stated today that since February 8, 2016, it has been determined what happened on that tragic day, but there is still no answer.

“This vehicle never appeared as the object of the crime, yet money was given for it. I am not alluding to anything, but it is evident that investigative authorities are being bypassed, a location is chosen where the vehicle will be brought, and it is sent for expert examination, but it was not used in any proceeding. Dupovac and Mutap had the vehicle at their disposal,” said the prosecutor.

Hasanspahić said that during the search of Zijad Mutap's house, phones, CDs, SIM cards were seized, and notes – a diary were found.

“Following the testimonies of witnesses S.S., S.D., and E.A. and others, there is reasonable suspicion that Dupovac and Mutap are part of an organized crime group headed by an unknown person,” stated the prosecutor.

He revealed that yesterday the Prosecutor's Office of BiH obtained the testimony of a witness who requested protective measures.

“This case is complex and requires establishing a series of circumstances in an atmosphere isolated from pressure. Consequently, witnesses are already requesting protective measures. Releasing Hasan Dupovac and Zijad Mutap would influence the investigation. There is reasonable suspicion that the suspects sought evidence and bought it. To this day we do not know, and it is our task to determine how the young man Dženan Memić died,” said the prosecutor, adding that this is one of the first cases of this kind before the Court of BiH.

He added that based on the precise provisions of the law, a prison sentence of up to ten years can be imposed.

“Undoubtedly, the family of the victim is harmed, and they have repeatedly pointed to the facts and circumstances I am presenting today. This is an atypical case; the goal is to establish the truth and justice,” said the prosecutor, adding that releasing the suspects while the Prosecutor's Office of BiH is working on the investigation would result in a threat to public order and new protests.

The lawyer of the suspect Hasan Dupovac, Ermin Gačanović, in his address to the Court of BiH, said he objects to the proposal of the Prosecutor's Office of BiH for detention.

He also objected to the fact that not all evidence was provided to the defense, and that they did not have enough time for preparation. The lawyer said there is a criminal proceeding that has not been concluded at the Supreme Court of the Federation of BiH, and that “the Prosecutor's Office of BiH, through its investigation, is putting pressure on judicial institutions.” He also spoke today about the order not to conduct an investigation against Hasan Dupovac from 2017 and 2018, a decision made by the Prosecutor's Office of the Sarajevo Canton and confirmed by the Federal Prosecutor's Office. However, at that time, Dupovac was charged with “negligent work in service and disclosure of official secrets.”

“If Dupovac wanted to do anything, he had enough time. Dupovac was a suspect and was questioned, and there was no investigation. My client has already been subjected to persecution and media lynching, and now the Prosecutor's Office of BiH is doing it again. What kind of message is being sent to judicial institutions and police officers that they will be persecuted if they do their job,” said the lawyer.

Gačanović proposed that the Court reject the proposal as inadmissible or unfounded, and said that the Prosecutor's Office of BiH did not propose prohibition measures, although it was obliged to.

The defense attorney for the second suspect, Zijad Mutap, Nina Kisić, also requested that the request be rejected as inadmissible because it is not in accordance with the Criminal Procedure Code.

She also said that the proceeding at the Supreme Court of the Federation of BiH has not yet been concluded, and that this is a “premature proposal of the Prosecutor's Office of BiH.” Kisić emphasized that there is no reasonable suspicion, i.e., that the Prosecutor's Office did not explain it in its proposal, nor did it explain how the investigation would be jeopardized if detention is not ordered.

She pointed out that her client took actions, i.e., obtained information because a family member suffered severely, and that he had information that a vehicle of that type was potentially the object of the crime.

The lawyer said that the “notebook” found, which the prosecutor calls a diary, Mutap offered to the Prosecutor's Office of BiH when he was previously questioned there.

Another lawyer for Zijad Mutap, Goran Dragović, said that this investigation is one of the “most public investigations.”

“If the suspects wanted to, they had enough time to influence alleged accomplices. At this moment, as key, we must consider the passage of time,” said the lawyer.

The defenses of the suspects submitted five proposals, two for rejection of the proposal, two as unfounded, and a proposal for ordering prohibition measures that the Court deems adequate.

Judge Tatjana Kosović asked the prosecutor whether he maintains his proposal, to which he said he does, and that he believes prohibition measures would not be adequate in this case.

He also commented on the presentations of the defenses, and said that the cases that were closed in the case of Hasan Dupovac at the Prosecutor's Office of the Sarajevo Canton did not relate to these facts.

“I did not refer to the ongoing proceeding either, but these are not the same persons nor the same criminal offense. This is a different investigation with different circumstances and with concretization,” said the prosecutor.

When asked by the judge what steps would be taken in the 30 days of detention if ordered, Hasanspahić said that expert examinations are being conducted and findings are expected, witnesses are being heard, and the investigation is being expanded to at least three persons.