Why does the Court of BiH interpret the law in two ways: Novalić and others imprisoned, 'lack of jurisdiction' sets FUP officers free!?

Written by: A. Čorbo-Zećo

„Finally, the Court finds it appropriate to note that, in this specific case, the jurisdiction of the Court of BiH for further proceedings in this criminal matter is also disputed, regarding the individuals Mustafa Selmanović, Vahidin Munjić, Senad Kadić, Adin Ćatić and Emir Druškić, since the proposal in question accuses the suspects of having committed the criminal offenses of accepting gifts or other forms of benefit under Article 380 of the Criminal Code of the Federation of BiH, accepting a reward or other form of benefit for influence peddling under Article 382 of the Criminal Code of the Federation of BiH, and abuse of office or authority under Article 383 of the Criminal Code of the Federation of BiH, thus criminal offenses prescribed by entity legislation“, is part of the explanation of Judge Tatjana Kosović, who decided on the proposal of the Prosecutor's Office of BiH for ordering custody for those arrested in the 'Black tie' operation.

One would say, a legally valid opinion and a completely correct stance of Judge Kosović. However, if any of the mentioned individuals had the surname Novalić, Hodžić or Solak, the question is what would have happened. Because in the Respirators case, the same elements were missing, and the accused were sent to prison!

And precisely this formulation of Judge Kosović supports all the claims of the defense of those convicted in the Respirators case that the Court of BiH, after it was established that there was no association for the purpose of committing a criminal offense and money laundering, for which offenses Novalić et al. were acquitted, should have dismissed the charges regarding the other criminal offenses prescribed by the Criminal Code of the Federation of BiH due to lack of jurisdiction, and referred the case to the materially competent court.

But that did not happen, and Fadil Novalić, Fikret Hodžić and Fahrudin Solak are already serving their prison sentences, while waiting for the Constitutional Court of BiH to decide on their appeal.

A land of absurdity where everything is possible, even this!

For some, prison; for others, freedom! What kind of legal certainty are we talking about then, and what can the citizens of BiH expect in future cases. In the earlier case of Dragan Čović, the Court acted as in the 'Black tie' operation, and Novalić, Solak and Hodžić were not so lucky, while all citizens of BiH are unfortunate with such a judiciary, which from case to case proves that law is not the only measure in proceedings.

Now that we clearly see written in black and white that the Court of BiH is not competent for 'abuse of office', it is time to recall the words of lawyer Tanja Savić, who after the first-instance verdict tried to explain to the citizens what happened in the 'Respirators' case.

- You defend yourself against what is in the indictment, and then you are convicted for something completely different. For example, as if you are accused of setting fire to a neighbor's house, you defend yourself by saying you helped, you get a verdict and it says you are acquitted, but you are convicted of car theft. They tell you that there was a vehicle in the garage and it is gone, so you are guilty - explained Savić.

And while today the lawyers of those brought in in the 'Black tie' operation wonder who, at this moment and in such a security situation, benefits from leaving the FUP and SPJ without a director and commander, it is worth remembering that someone also benefited from leaving the Federation decapitated, in an equally difficult security situation. Advocates of that stance were most crudely mocked and called SDA bots.

The actors have now changed significantly; the media that recently mocked warnings that much more was hidden behind the 'Respirators' case than just a process for some criminal offense, today anxiously ask the same question.

Branko Perić, a judge (now retired) who dissented in this case and faced unprecedented attacks, actually spoke about what we are experiencing today.

"Instead of international officials, who assure us that they support us in building an independent judiciary and the rule of law, reacting to the undermining of the Court of BiH, the American Embassy last year declared two prosecutors who represented the indictment in this case HEROES.

Is the interference of the executive authority of a foreign state in the exercise of judicial authority support for the independence of the judiciary and the rule of law? And is it a coincidence that one media outlet interferes in court cases in an extremely unprofessional and primitive manner, conclude for yourselves!", said Judge of the Court of BiH Branko Perić.

Everything reflects the madness of Bosnian society, where danger lurks from all sides, most of all from the third branch of government, where it is no longer known who drinks, but it is known who pays - the citizens of BiH with their own resources and the legal uncertainty in which they live and work!