The Ministry of Justice of Bosnia and Herzegovina received a request and documentation in which the Pardon Commission is requested to consider a pardon for the former Prime Minister of the Federation of BiH, Fadil Novalić, who was sentenced to four years in prison for abusing his position during the procurement of respirators during the Covid-19 pandemic. After the commission gives its opinion, the final decision on the pardon is made by the BiH Presidency. And while waiting for the decision of the trio Komšić – Bećirović and Cvijanović, the departure to prison in Vojkovići is postponed. By submitting an appeal to the Court of Bosnia and Herzegovina, the other actors in the “Respirators” case also requested a verdict, namely the former director of the Federal Administration of Civil Protection Fahrudin Solak and the owner of the company “Srebrena malina” Fikret Hodžić.
The legal teams of the convicted Fadil Novalić, Fahrudin Solak and Fikret Hodžić in the case of “Respirators” are doing everything to avoid or postpone serving a prison sentence. The former prime minister of the Federation, Novalić, goes one step further, sent a request for pardon to the Ministry of Justice of Bosnia and Herzegovina. The answer comes from there – the request will be considered within the legal term.
The Ministry of Justice of Bosnia and Herzegovina:
“The commission will, within the legal deadline, consider the submitted application and documentation and, in accordance with the Law on Pardons of BiH, will send its report to the Presidency of BiH for decision.”
The final decision rests with the Presidency of Bosnia and Herzegovina. Certain media announced that the Chairman of the Presidency Željko Komšić would not vote for Novalić’s pardon. We have not received written confirmation of this allegation from his office. However, Denis Bećirović has a similar attitude. The legal interpretation is clear – if two members of the Presidency are against it, Novalić could be transferred to the prison in Vojkovići to serve his sentence.
Denis Becirovic, member of the BiH Presidency
According to available information, the BiH Presidency has not pardoned a single person in the last five years. All requests were unanimously rejected! Individuals do not hide their indignation, if a pardon occurs.
Enver Kazaz, political analyst
“It is about countless human lives that were lost during the corona pandemic precisely because of the respirators that Novalić procured. It would be a terrible shame for the Presidency to pardon any of these people.”
According to data from the Center for Investigative Journalism in Bosnia and Herzegovina, 310 convicts were pardoned in a period of ten years, from 2011 to 2021. Most of the pardon decisions were signed by the former prime minister of the Federation, Živko Budimir. Among those pardoned were those convicted of murder, domestic violence, drug trafficking, organizing kidnappings, abuse of official position.
Radic-Dragic, CIN journalist
“There was even a situation where a certain person was pardoned twice for the same crime. Alija Delimustafić, who is now on trial, was pardoned twice for the criminal offense of attempted kidnapping, for which he received four years. He was once pardoned by Živko Budimir, and previously by Niko Lozančić.”
Transparency International is of the opinion that perpetrators of corrupt acts should be excluded from the Law on Pardons because they are frequent and insufficiently sanctioned in Bosnia and Herzegovina.
Damjan Zegovic, Transparency International BiH
“If there is a pardon, it would be strictly a political procedure and such practices would probably encourage future perpetrators who have connections with politics, who have the protection of a political party, such as this person. The public would be disheartened if the final court verdict were to be modified or revoked.”
Solak and Hodžić, who were sentenced to six and five years in prison, requested a postponement of the execution of the prison sentence. They appealed to the Court of Bosnia and Herzegovina against the decision on the rejection of the application for postponement of the execution of the prison sentence. The President of the Court is obliged to issue a decision within three days from the date of receipt of the appeal, and to deliver the decision to the Criminal Division of the Court within five days.
