Detained Police Officers Remain in Custody Until September 12, No Decision on Appeals Yet

(Patria) - Police officers arrested in the "DAR 1" operation have been remanded in custody until September 12, and their defense teams are still awaiting a response to their appeals regarding both custody and the ban on communication with family.

It seems that a response to the appeal will not arrive before the custody expires. However, it has become a common practice for the Court to keep individuals in custody without a final decision.

The ban on communication between the suspects and their families, or third parties, is particularly contentious. In practice, this is applied to detainees suspected of serious criminal offenses, terrorism, and murder.

There is also a Constitutional Court of Bosnia and Herzegovina ruling in the case of Amir Zukić concerning the violation of these human rights, where the Constitutional Court of BiH found a violation of the right to family life under Article II/3.f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention on Human Rights and Fundamental Freedoms.

At that time, the Constitutional Court overturned the Decision of the Municipal Court in Sarajevo, Case No. 65 0 K 595527 17 Kv 13 of March 17, 2017, and the Decision of the Municipal Court in Sarajevo, Case No. 65 0 K 595527 16 Kpp of March 9, 2017, in the part concerning family visits (spouses and children) to the appellant during the period of detention.

Furthermore, by the same decision, the appellant was prohibited from using the telephone in the detention unit of the Zenica Penal Correctional Facility during the period of detention under Article 146, Paragraph 1, Point b) of the Criminal Procedure Code of FBiH, or until another court decision. Paragraph III of the same decision explicitly stated in Case No. AP-1332/17 15 Decision on Admissibility and Merits that "these prohibitions (...) do not apply to contact with defense attorneys, and the detainee has the right to free and unimpeded communication with defense attorneys.".

The defense attorneys will certainly refer to this Constitutional Court ruling, but time is passing, and families have no contact with the arrested police officers.
Additionally, families are prevented from visiting due to the epidemiological situation, raising the question of why such an approach is being taken towards the police officers. Attorneys cannot and do not speak about the severity of the criminal offenses, but Patria has learned unofficially that some of those arrested are accused of accepting bribes in the form of cakes, juice, and similar items.