The subject arose: By filing an Indicment
Indictment: Criminal offense of Abuse of Office or Official Authority under Article 220(3) as read with paragraph 1 of the CC BiH and others.
Prosecutor's number: T20 0 KT 0017170 19
Number of parties: 4
Prosecutor: Vedrana Mijović
Preliminary Hearing Judge: Dalida Burzić
Acting Judicial Council / single judge in first instance proceedings: Strika Mirsad, Mašović Hasija, Radević Goran
Confirmation date: 17.01.2020.
Final decision rendered on: 23.08.2022.
Department: Section II
The factual substrate of the indictment:
The indictment alleges that the accused, in the framework of implementing the “Cross-border cooperation project in the field of fire protection between Bosnia and Herzegovina and Montenegro,” as responsible persons at the Ministry of Security of Bosnia and Herzegovina and the responsible person at the legal entity of Fire and Explosion Protection Institute – INZA d.o.o. Sarajevo, abused their official positions and authority to obtain profit for themselves and others, caused damage to and committed serious violation of the rights of others, each of them within their respective scope of authority, as follows:
- the accused Dragan Mektić in his capacity as the BiH Minister of Security at the BiH Council of Ministers;
- the accused Igor Golijanin in his capacity as the Minister’s Chief of Staff at the BiH Ministry of Security;
- the accused Samir Agić in his capacity as Assistant Minister at the Protection and Rescue Sector at the BiH Ministry of Security and member of the Project Team/Committee on the Cross-border cooperation project in the field of fire protection between Bosnia and Herzegovina and Montenegro;
- the accused Edin Garaplija in his capacity as the responsible person and owner of the legal entity of Fire and Explosion Protection Institute – INZA d.o.o. Sarajevo. The legal entity was the partner/co-applicant with the BiH Ministry of Security at the Cross-border cooperation project in the field of fire protection between Bosnia and Herzegovina and Montenegro and a member of the Project Team/Committee on the Cross-border cooperation project in the field of fire protection between Bosnia and Herzegovina and Montenegro.
The Project valued at 198,454.51 EUR, funded by the European Union Delegation in BiH, was implemented during the 2015-2017 period.
| Defendant: | Dragan Mektić |
|---|---|
| Defender: | Senka Nožica |
| Judgment / Decision |
| Defendant: | Igor Golijanin |
|---|---|
| Defender: | Mirela Kanlić |
| Judgment / Decision |
| Defendant: | Samir Agić |
|---|---|
| Defender: | Vasvija Vidović |
| Judgment / Decision |
| Defendant: | Edin Garaplija |
|---|---|
| Defender: | Adna Dobojlić Ucoglan i Senad Kreho |
| Judgment / Decision |
1.
| Defendant: | Dragan Mektić | ||
|---|---|---|---|
| Offense: | the continued criminal offense of Abuse of Office or Official Authority under Article 220(3) as read with Paragraph (1) of the Criminal Code of Bosnia and Herzegovina (CC BiH), all in conjunction with Article 54 of the CC BiH, and under Counts 2, 3, 5 and 6 (6.1 and 6.2) also as read with Article 29 of the Code | ||
| Place of committment: | BiH | ||
| Committment year: | 2015. - 2017. | ||
| Damaged by crime: | Public property | Number of injured / victims: | The exact number has not been determined |
2.
| Defendant: | Igor Golijanin | ||
|---|---|---|---|
| Offense: | the continued criminal offense of Abuse of Office or Official Authority under Article 220(2) as read with Paragraph (1) of the CC BiH, all in conjunction with Article 54 of the Code, as read with Article 29 of the Code | ||
| Place of committment: | Bosna i Hercegovina | ||
| Committment year: | 2015. - 2017. | ||
| Damaged by crime: | Public property | Number of injured / victims: | The exact number has not been determined |
3.
| Defendant: | Samir Agić | ||
|---|---|---|---|
| Offense: | the continued criminal offense of Abuse of Office or Official Authority under Article 220(3) as read with Paragraph (1) of the CC BiH, all in conjunction with Article 54 of the Code, and under Counts 2, 3, 7 and 8 (8.1. and 8.2.) also as read with Article 29 of the Code | ||
| Place of committment: | Bosna i Hercegovina | ||
| Committment year: | 2015. - 2017. | ||
| Damaged by crime: | Public property | Number of injured / victims: | The exact number has not been determined |
4.
| Defendant: | Edin Garaplija | ||
|---|---|---|---|
| Offense: | the continued criminal offense of Abuse of Office or Official Authority under Article 220(3) as read with Paragraph (1) of the CC BiH, in conjunction with Article 31 of the Code | ||
| Place of committment: | Bosna i Hercegovina | ||
| Committment year: | 2015. - 2017. | ||
| Damaged by crime: | Public property | Number of injured / victims: | The exact number has not been determined |
Judgment / Decision: Liberating
Judgment / Decision: Liberating
On 17 January 2020 the Court of Bosnia and Herzegovina confirmed the indictment in the case of Dragan Mektić et al. charging the accused with the following:
- the accused Dragan Mektić under Counts 1, 2, 3, 5, 6 (6.1. and 6.2.) 7, 8 (8.1. and 8.2.) and 9 – the continued criminal offense of Abuse of Office or Official Authority under Article 220(3) as read with Paragraph (1) of the Criminal Code of Bosnia and Herzegovina (CC BiH), all in conjunction with Article 54 of the CC BiH, and under Counts 2, 3, 5 and 6 (6.1 and 6.2) also as read with Article 29 of the Code;
- the accused Igor Golijanin under Counts 5 and 6 (6.1. and 6.2.) – the continued criminal offense of Abuse of Office or Official Authority under Article 220(2) as read with Paragraph (1) of the CC BiH, all in conjunction with Article 54 of the Code, as read with Article 29 of the Code;
- the accused Samir Agić under Counts 2, 3, 4, 7, 8 (8.1. and 8.2.) and 9 – the continued criminal offense of Abuse of Office or Official Authority under Article 220(3) as read with Paragraph (1) of the CC BiH, all in conjunction with Article 54 of the Code, and under Counts 2, 3, 7 and 8 (8.1. and 8.2.) also as read with Article 29 of the Code;
- the accused Edin Garaplija under Counts 2, 3, 7, 8 (8.1. and 8.2.) and 9 – the continued criminal offense of Abuse of Office or Official Authority under Article 220(3) as read with Paragraph (1) of the CC BiH, in conjunction with Article 31 of the Code.
On 5 March 2020, at the arraignment in the case of Dragan Mektić et al. the accused Dragan Mektić, Igor Golijanin, Samir Agić and Edin Garaplija all entered a not guilty plea concerning the criminal offense of Abuse of Office or Official Authority under Article 220(3) as read with paragraph 1 of the CC BiH and others.
The main trial was initiated on 4 June 2020. The prosecution is currently presenting its evidence.
Panel of Judges composed of: Strika Mirsad, Mašović Hasija, Radević Goran
Having completed a trial in the case of Dragan Mektić et al., on 17 March 2022 the Court of Bosnia and Herzegovina acquitted the accused Dragan Mektić, Igor Golijanin, Samir Agić and Edin Garaplija of the charges as follows:
- the accused Dragan Mektić under Counts 1, 2, 3, 5, 6 (6.1 and 6.2), 7, 8, (8.1 and 8.2) and 9 – the continued criminal offense of Abuse of Office or Official Authority under Article 220(3) as read with Paragraph 1 of the Criminal Code of Bosnia and Herzegovina (CC BiH), all as read with Article 54 CC BiH, and under Counts 2, 3, 5 and 6 (6.1 and 6.2) also as read with Article 29 CC BiH;
- the accused Igor Golijaninunder Counts 5 and 6 (6.1 and 6.2) – the continued criminal offense of Abuse of Office or Official Authority under Article 220(2) as read with Paragraph 1 CC BiH, all as read with Articles 54 and 29 CC BiH;
- the accused Samir Agić under Counts 2, 3, 4, 7, 8 (8.1 and 8.2) and 9 – the continued criminal offense of Abuse of Office or Official Authority under Article 220(3) as read with Paragraph 1 CC BiH, all as read with Article 54 CC BiH, and under Counts 2, 3, 7 and 8 (8.1 and 8.2) also as read with Article 29 CC BiH;
- the accused Edin Garaplijaunder Counts 2, 3, 7, 8 (8.1 and 8.2) – the continued criminal offense of Abuse of Office or Official Authority under Article 220(3) as read with Paragraph 1 CC BiH, in conjunction with Article 31 CC BiH.
The appellate proceeding against the first-instance verdict is in progress.
Having held an open session on 23 August 2022 in the case of Dragan Mektić et al. (S1 2 K 034454 22 Kž), the Appellate Division Panel of the Court of Bosnia and Herzegovina delivered an Appeals Judgment dismissing as ill-founded the appeal filed by the BiH Prosecutor's Office, and upheld the Trial Judgment of the Court of Bosnia and Herzegovina No. S1 2 K 034454 20 K of 17 March 2022.