Closing Arguments of the BiH Prosecutor's Office and Defense in the 'Mehmedagić and Pekić' Case

SARAJEVO, (Patria) – The trial of the Director of the Intelligence-Security Agency Osman Mehmedagić and OSA employee Muhamed Pekić for abuse of office, in the case of the seizure of video surveillance recordings from BH Pošta in order to determine the identity of the sender of an anonymous criminal complaint against Mehmedagić, concludes today with the closing arguments of the BiH Prosecutor's Office and defense attorneys. The verdict is expected to be delivered soon after this hearing. 

The trial began on December 18, 2020, when the indictment was read, and prosecutor Oleg Čavka stated in his opening remarks that this is a simple indictment and a textbook example of abuse of office.

He stated that the OSA collects data on individuals significant for the security of BiH, but that along the way, a multitude of information that does not have such significance is also gathered. He added that the law imperatively mandates that such information be destroyed under the supervision of the director, but that we are witnesses to an “uncontrolled leakage” of such data, as well as their use for blackmail and discipline. The seized video surveillance recordings in the form of photographs were published on the portal Istraga.ba, along with the incorrect identity of the person in the photograph, thereby compromising the security of that person and their family.  

According to the prosecutor, Mehmedagić and Pekić used the service for intra-party accusations. According to the prosecutor, the privatization of the service must stop.

Judge Branko Perić actively participated in this court proceeding, very often asking questions to witnesses who appeared in this case. Also, he rejected several witnesses proposed by the prosecutor because their testimony would not relate to the allegations in the indictment. Prosecutor Čavka himself withdrew some witnesses, while the defense did not call any witnesses. All witnesses who appeared before the Court of BiH in this case were cross-examined by the defense or had no questions at all.

Osman Mehmedagić's attorney Senka Nožica stated after the first hearing on December 18 that „this is a classic example of a staged political trial whose goal is to remove Mehmedagić from the position of OSA director and that besides this indictment, there is another one against him, and that three investigations are being conducted against Mehmedagić.“

The BiH Prosecutor's Office filed a new indictment on February 17 against Osman Mehmedagić, Selma Cikotić, and Muriz Druškić regarding appointments to the Commission for second-instance resolution of security clearance procedures for police and state officials. The Court of BiH refused to confirm the first indictment filed by the BiH Prosecutor's Office in this case, and the BiH Prosecutor's Office undertook additional investigative actions and filed a new indictment. 

The BiH Prosecutor's Office is still investigating the diploma of the first man of the OSA, which he allegedly obtained in 2013 from the American University in BiH, and which he declared a secret document. Investigating this diploma, the BiH Prosecutor's Office obtained numerous findings about the illegal operation of the AU in BiH in the area of the Sarajevo Canton, which involved numerous cadres and the SDA from several institutions who appeared as lecturers or deans. This is a extensive investigation that could result in an indictment against several individuals.