Constitutional Court of BiH will not order BiH Prosecutor's Office to investigate message leaks in 'Spengavanje' case

The Constitutional Court of Bosnia and Herzegovina rejected the request of the former acting director of the Federal Police Administration (FUP) Vahidin Munjić to issue a temporary measure ordering the BiH Prosecutor's Office to conduct an "internal investigation" to identify "responsible persons for the leakage of confidential evidence" from the investigation in the "Spengavanje" case.

In the "Spengavanje" case, which is being conducted before the Supreme Court of FBiH, Munjić is suspected of abuse of office, specifically mediating employment in police agencies and disclosing details from investigations to third unauthorized persons, writes Istraga.ba.

Munjić filed an appeal with the Constitutional Court of BiH due to the "non-action of the BiH Prosecutor's Office" in order to protect his constitutional rights in the "Spengavanje" case. In addition, Munjić also requested the issuance of a temporary measure.

"The Constitutional Court considers that the reasons stated by the appellant as a possible basis for issuing a temporary measure, which concern the merits of the case, do not represent reasons or evidence that would indicate the necessity of issuing a temporary measure in the proceedings before the Constitutional Court," the decision states.

The Constitutional Court emphasizes that by accepting the appellant's request for a temporary measure, the Constitutional Court would prejudge the decision on the merits of the case.

"Therefore, the Constitutional Court considers that in the circumstances of this specific case, nothing indicates the need to issue a decision on a temporary measure to prevent irreparable harmful consequences, or in the interest of the parties or the proper conduct of the proceedings as prescribed by Article 64 (1) of the Rules of the Constitutional Court. Bearing in mind the foregoing, the Constitutional Court considers the appellant's request for a temporary measure to be unfounded," the decision of the Constitutional Court of BiH states.

In his request, the appellant stated that four of his mobile phones were seized on August 7th by order of the BiH Court. The appellant added in his request that the editor and owner of the Istraga.ba portal, Avdo Avdić, announced in his media articles of October 3rd and 14th, 2024, that he would publicly release the content of the Forensic Examination Findings of the appellant's seized mobile phones in the upcoming period. He further stated that he had approached the Chief Prosecutor of the BiH Prosecutor's Office with a request to prevent the disclosure and publication of information and documentation from the said investigation.

Since the Prosecutor's Office did not act on his request, the appellant filed a criminal complaint against the acting prosecutor S.K., the editor and owner of the Istraga.ba portal, and unknown persons on suspicion of "committing the criminal offense of Violation of Procedural Secrecy".

The appellant further stated in the request that the "confidential content" was published in the show "Istraga sedmice" on Hayat TV, but that the BiH Prosecutor's Office "did not preserve the integrity and secrecy of the investigation" and for that reason he addressed the BiH Constitutional Court.