The trial of suspended State Court President Ranko Debevac, former Director of the Intelligence and Security Agency Osman Mehmedagić and Court employee Milisav Pijuk, who are charged with multiple criminal offenses, begins today with the reading of indictments and opening statements by the parties.
The Prosecutor of the Special Department of the Federal Prosecutor’s Office, Jovan Katic, said that during the upcoming evidentiary proceedings, he will hear 46 witnesses, six experts and present material evidence, which will take him six hours.
He submitted a written explanation to the defense and the Court on which circumstances the witnesses will testify and on which counts of the indictment.
The defense had no objections to the conduct of Judge Ajla Papović-Mujan in this case, but they did object to the conduct of the Special Department of the Supreme Court of the Federation, BIRN BiH reported earlier.
Tanja Savić, Debevac’s defense attorney, said that she would maintain her objection of lack of jurisdiction, but would respect the final decision of the Supreme Court of the Federation. She asked how this court would continue its work when this case is permanently contaminated, and that it has an indictment that it had not previously controlled or confirmed.
She stated that the Constitutional Court of BiH had established a violation of the rights of the accused Debevec, that the decision on detention was not made by the competent court. In this presentation, Vasić referred to previous actions and that an extra-trial chamber of the Court of BiH was formed that was not legal and that was deciding in this case.
At the beginning of October last year, Debevec filed an appeal with the Constitutional Court of BiH and requested that the decision on confirmation of the indictment be set aside.
“The defense has a problem that disciplinary proceedings are being conducted against Debevec in parallel with this one. A certain number of witnesses from this proceeding are also witnesses in the disciplinary one. The measure of prohibition on meeting with witnesses is still in force. The right of the accused is at risk,” said Vasić.
She also raised the issue of the application of the Criminal Procedure Code and which law this court will apply.
“The Court of BiH could not act in this case, and a million and one actions were taken against me,” Debevec said.
Attorney Nermin Mulalić, who is defending Mehmedagić, stated that “we are in uncharted waters” when it comes to this case due to the special situation related to the actions of the Court of BiH and the multiplication of problems.
He said that since the day of the arrest, December 18, 2023, they have indicated that the Court and Prosecutor’s Office of BiH cannot act in this case and that they have filed an appeal with the Constitutional Court of BiH.
“This court has an obligation to act in a way that will stop the violation of the right to a fair trial. I am sure that this court will find answers to all challenges. In my opinion, the Court, with a holistic approach, has the opportunity to ensure the right to a fair trial, in a procedure in which it was decided that key steps in the early stages were taken by the Court, which the Constitutional Court said was not impartial,” Mulalić explained.
Pijuk’s defense attorney Ratko Gengo said that the criminal offenses his client is charged with have no basis for this court to have jurisdiction.
“This defense has filed appeals. We leave the rest to the Court’s assessment,” Gengo added.
The case against Debevac, Mehmedagić, and Pijuk has been transferred from the State Court to the Municipal Court in Sarajevo and the Special Department of the Supreme Court on several occasions. Ultimately, in February of this year, it was decided that it would be tried before the Special Department of the Supreme Court of the Federation.
Debevec, according to an earlier statement from the Prosecutor’s Office of BiH, is charged with abuse of position or authority, forgery of an official document, receiving a reward or other form of benefit for trading in influence, unauthorized wiretapping and audio or optical recording, and for false representation and violation of the Law on Gender Equality of BiH.
Mehmedagić is charged with forgery of an official document, as well as abuse of position or authority, while Pijuk, along with Debevec, is included in the indictment charging them with false representation and violation of the Law on Gender Equality of BiH.
Judge of the Special Department of the Supreme Court Ajla Papović-Mujan said that she would consider the objections during the proceedings and that the Supreme Court had made a final decision and that action would be taken accordingly.
