Due to illegal actions of the "construction mafia" in Brčko, "Šipad Komerc" suffered damages of 7 million KM!

Director of "Šipad Komerc" Hamza Kazazić issued a press release to point out illegal actions that have caused the company damages of 7 million KM, reports the BH news agency Patria.

- The Brčko District Prosecutor's Office of BiH, without concrete and valid explanations, has rejected the request of "Šipad Komerc" from Sarajevo twice to investigate and prevent illegalities in the case of the "construction mafia" in the Brčko District. Namely, this is a case in which "Šipad Komerc", due to the negligent business operations of officials of the Brčko District Government, suffered damages of approximately 7 million KM, as determined by a court expert witness - the statement reads.

As stated, on May 14 and November 4, "Šipad Komerc" sent a Request for Investigation to the State Investigation and Protection Agency (SIPA) regarding the mentioned case, providing this institution with all necessary documentation, given that they did not receive justice from the Brčko District judiciary.

- Regarding the same case, "Šipad Komerc" has sent a request/appeal to the Constitutional Court of Bosnia and Herzegovina, in the hope of finally achieving justice, which means adequate compensation for "Šipad Komerc" and the prosecution of the so-called "construction mafia", which circumvented signed contracts, misled, and ultimately defrauded "Šipad Komerc" and, in addition, severely damaged the budget of the Brčko District - the statement reads.

As explained by "Šipad Komerc", it all began in February 2004, when the director of this company, Hamza Kazazić, signed an Agreement on the manner and conditions of using allocated construction land for building residential and commercial buildings with representatives of the Brčko District Government. Previously, "Šipad Komerc" received Decisions on the allocation of city construction land from the Brčko District of BiH (number 0-2—022-187/03), dated May 25, 2003.

The extension of the Decision's deadline was carried out based on the order of the Supervisor of the Brčko District of BiH, dated March 20, 2006. "Šipad Komerc" received urban planning consent from the Department for Urban Planning, Property Relations, and Economic Development (number 06-364-001816/05-1) on May 12, 2006, and the validity of the urban planning consent was extended by a Decision of the same authority, dated July 30, 2007.

In order to realize the agreed-upon conditions, an Agreement was made whereby "Šipad Komerc" undertook the obligation to pay for and prepare the regulatory plan, which was also signed by the Prime Minister. In order to resolve unresolved property-legal relations, a preliminary agreement on the transfer of building rights was made with several individuals, as well as with the company "Žitopromet" d.d. Brčko. With the company "Planum" d.o.o. Brčko, on December 11, 2007, an Agreement on the preparation of investment-technical documentation was made. For these activities alone, "Šipad Komerc" spent nearly one million KM.

However, as the Brčko District Government did not wish to resolve the basic property-legal relations concerning the allocated land, the activities with individuals who owned neighboring plots were not fully completed. The Government was duly informed of all undertaken activities, and cooperation was maintained with the relevant department, specifically with Adnan Drapić and Nataša Đurđević.

"Šipad Komerc" submitted a request for a building permit to the competent department, which was rejected by a Decision (UPI-1 -12-22-000335/08), dated February 1, 2008.

"Šipad Komerc" did not pay the agreed amount of land use fee because the request for payment acceptance was rejected. "Šipad Komerc" also sought to deposit the money through the court, but that request was also rejected in two proceedings, as evidenced by the Decision of the Basic Court of Brčko District of BiH (number 96 0 V 040765 12 V), dated February 8, 2012.

With the offer for the preparation of the regulatory plan, a guarantee was provided by ABS Bank (legal successor is Sparkasse bank) to finance apartment buyers at the most favorable interest rate.

Representatives of the competent departments and the Brčko District Government avoided meetings with representatives of "Šipad Komerc", while at the same time negotiating the cession of the same land for the construction of the "Merkator Center".

After "Šipad Komerc" received an extension of its Urban Planning Consent on October 30, 2007, no correspondence was received from the Government representatives requesting the fulfillment of contractual obligations. And before the extension of the Urban Planning Consent, on October 6, 2006, "Šipad Komerc" received a notification that the Brčko District Government considered that the obligations from the offer were not met, and representatives of "Šipad Komerc" were invited for a discussion regarding the mutual termination of the contract.

There is no document that could be treated as a written termination of the contract. Furthermore, the Brčko District of BiH concluded an agreement with the company "EG Energogroup" d.o.o. Sarajevo, on July 10, 2007, and "Šipad Komerc" had its Urban Planning Consent extended on October 30, 2007, for the same land.

The Supervisor's Office did not give consent for such changes, as evidenced by the OHR's letter dated February 2, 2007. "Šipad Komerc" was not informed that the Assembly of the Brčko District of BiH had ever made a decision changing its Decision on the allocation of city construction land, dated May 29, 2003, nor was it informed that the Brčko District Government of BiH had made a decision to annul the concluded contract. It is evident that the representatives of the Brčko District Government knowingly violated all legal norms and worked in parallel with another investor for their personal benefit and the benefit of individuals within the Brčko District Government.

Representatives of the competent departments and the Brčko District Government ceded the land for the construction of the "Merkator Center" at a price of 40 KM, ignoring the much more valuable offer from "Šipad Komerc", which offered 100 KM per square meter for the same land. In this way, the budget of the Brčko District of BiH was severely damaged, and due to the illegal actions of the so-called "construction mafia", "Šipad Komerc" suffered damages estimated at 7 million KM throughout this entire process.