Why are Tegeltija, Radončić, Komšić silent and when will the issue of appointing the OSA director be resolved?

Written by: Amina Čorbo-Zećo

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The silence surrounding the fact that the leadership of the Intelligence-Security Agency of Bosnia and Herzegovina has expired, despite the appointment of a new Council of Ministers of BiH, is proof that there is no will to resolve this burning issue.

The mandate of the General Director of the Intelligence-Security Agency (OSA) of BiH, Osman Mehmedagić, whose diploma was annulled and whose other diplomas are questionable, expired on November 19, 2019, but he is still at the helm of the OSA.

It is known that Bakir Izetbegović, the leader of the SDA, during negotiations with coalition partners HDZ and SNSD, demanded that two positions remain untouched: that of his wife Sebija Izetbegović – director of KCUS, and the position of OSA director Osman Mehmedagić.
Although the SNSD announced that they would not support the appointment of Osman Mehmedagić as director of the OSA of BiH because that agency, as they said, worked on destabilizing the RS entity, they broke that promise and apparently tacitly gave this function to the SDA.

Proof of this is the silence of Zoran Tegeltija (SNSD), whom we asked on December 25 what he would do about this issue, since he is directly responsible by function for appointing the OSA director. We have not received a response to this day. The Presidency of BiH is also silent; the same letter was sent to them, but there is no response. 

Fahrudin Radončić (SBB) and Željko Komšić (DF) are silent. They are partners of Izetbegović and others, but they were also the loudest in criticizing Mehmedagić's work, especially a reaction was expected from Radončić, the current Minister of Security of BiH. He previously stated that the best candidate would be chosen for this position.

But when this will happen, no one wants to say yet. Allegedly, Izetbegović imposed on the old Council of Ministers to resolve this appointment before leaving, but Denis Zvizdić, the former Chairman of the Council of Ministers of BiH, who has recently had poor relations with Izetbegović, put everything in a drawer.

According to the law, if consensus is not reached in the process of selecting a new director, Mehmedagić remains the director of the OSA. 

Article 25 of the Law on OSA stipulates:

“The General Director and Deputy General Director are appointed and dismissed by the Council of Ministers, upon the proposal of the Chairman and in consultation with the members of the Presidency, the Executive Committee, and the Security-Intelligence Commission. The General Director may propose to the Chairman that the Council of Ministers dismiss the Deputy General Director. The appointment of the General Director and Deputy General Director is based on demonstrated professionalism and experience gained in intelligence-security work and law enforcement, not on political affiliation. The required experience cannot be exclusively gained in positions obtained through political appointment.”

Article 26 of the Law on OSA stipulates:

“The General Director and Deputy General Director are appointed for a mandate of four years, which can be renewed once. The General Director and Deputy General Director may be dismissed before the end of their mandate if they request it themselves; if they permanently lose the ability to perform their duties; if they do not implement the decisions of the Council of Ministers directing the work of the Agency; if they do not act in accordance with applicable laws or regulations; if they do not implement measures for overseeing the work of the Agency; in the event that criminal proceedings are initiated against them for the criminal offense of abuse of position or disclosure of state, military, or official secrets, or if a final prison sentence has been imposed on them for a criminal offense that makes them unworthy of performing these duties.”

Additionally, the law states that “the General Director and Deputy General Director are appointed for a mandate of four years, which can be renewed once.” And Mehmedagić's first four-year mandate has expired.

The question of the legitimacy of this function arises. Radončić is the one who swears by legality and legitimacy in work, so it is unclear how he does not seek a resolution to this problem. If the SDA, HDZ, and SNSD, as well as DF and SBB, have decided that Mehmedagić should remain in the position of OSA director, then this should be done urgently, because such an OSA does not inspire confidence that it can protect the state and citizens of this country, as long as it is led by a leadership whose mandate has expired.