Prosecutor's Office of Sarajevo Canton: Klix.ba search was not a criminal offense

Acting on filed reports, as well as on its own initiative, the Cantonal Prosecutor's Office of Sarajevo undertook a series of actions regarding the search of the premises of the legal entity "Intersoft" d.o.o. Sarajevo, in order to determine the circumstances under which the search was conducted and to ascertain whether the authorized officials acted in accordance with the order of the Municipal Court of Sarajevo, which was determined to be unlawful on January 5, 2015, reports the Patria News Agency.

During the verification process, this prosecutor's office interviewed approximately 30 witnesses, collected extensive documentation, reviewed video recordings, and concluded:

- that the search of "Klix" premises was carried out by order of the Municipal Court in Sarajevo, which the non-trial panel concluded was unlawful after the search was completed; - that the order stipulated that the search would be carried out by members of the Ministry of Internal Affairs of the Sarajevo Canton, with the professional assistance of experts and in cooperation with and presence of authorized officials of the Ministry of Internal Affairs of Republika Srpska; - that the Law on Legal Aid and Official Cooperation in Criminal Matters between FBiH, RS, and Brčko District of BiH from 2002 stipulates the possibility for officials of the requesting authority to be present during the search (authorized officials of the Ministry of Internal Affairs of RS in this specific case); - that the Ministry of Internal Affairs of RS, acting on the order of the Municipal Court in Sarajevo, authorized 7 individuals to be present and cooperate in carrying out that order; - that the Ministry of Internal Affairs of Sarajevo Canton held a joint meeting with the authorized officials of the Ministry of Internal Affairs of RS, where the method of work for executing the order of the Municipal Court of Sarajevo was agreed upon; - that the presence of the owner and editor-in-chief, as well as the presence of defense counsel, was ensured during the search; - that the order was handed over to the owner, and other individuals were informed of the reason for the officials' arrival; - that responsible persons were present during the search; - that none of the interviewed witnesses at the prosecutor's office stated that any damage was caused during the search, nor that the dignity and personhood of individuals present in the Klix premises were disrespected; - that after the search was completed, a record was made, signed, and the remarks of the responsible person were entered into this record, without remarks from the witnesses present at the search;

- the testimonies of the interviewed witnesses indicate that the search was led by members of the Ministry of Internal Affairs of Sarajevo Canton, who had the primary role, performed coordination, and had the command function, while members of the Ministry of Internal Affairs of RS cooperated and assisted in copying hard drives to external hard drives because they had the copying equipment; - an expert from the Ministry of Internal Affairs of Sarajevo Canton led the search of the hard drives, assisted by three authorized officials from the Ministry of Internal Affairs of RS, as they possessed the necessary equipment; - authorized officials of the Ministry of Internal Affairs of Sarajevo Canton prepared the record, issued appropriate receipts, and without delay, the temporarily seized items were submitted to the Municipal Court of Sarajevo, which issued the order; - after the non-trial panel of the Municipal Court of Sarajevo determined that the order of the Municipal Court of Sarajevo was unlawful, all seized items were taken over by the owner without objections.

Therefore, during the search conducted under the Order of the Municipal Court in Sarajevo, no actions were taken that would indicate the elements of the criminal offense of negligent work in service, violation of the inviolability of the home, or the criminal offense of unlawful search.

- The search and entry into the premises of the Klix.ba portal were carried out by officials in the manner prescribed by the order and in accordance with the law, and that order was legitimate at the time of the search. The fact that it was later determined by a court decision to be flawed, and the search based on such an order was subsequently found to be unlawful, has procedural consequences which result in the nullity of the action taken – it was announced from the Prosecutor's Office of Sarajevo Canton.

It is further stated that the method and procedure of the search did not lead to the commission of any criminal offense, although in further work, authorized officials should be made aware of the shortcomings during the search procedure in order to improve work and the obligation to prepare internal action plans aimed at more precise guidance of search methods.

- Regarding the infliction of minor bodily injuries to person H.E. by authorized officials of the Ministry of Internal Affairs of RS after the search, outside the Klix premises, prosecution will be the subject of a separate procedure at this prosecutor's office. Therefore, the violation of the Criminal Procedure Code and any consequences can be determined in another procedure, not a criminal one, as there is no evidence of obviously negligent conduct in the performance of duty, nor conscious violation of laws and regulations – added the Prosecutor's Office of Sarajevo Canton.