Having held the trial in the case of Amir Harbaš et al., the Court of Bosnia and Herzegovina /Court/ delivered a Judgment on 22 March 2022, finding the accused guilty as follows:

• The accused Mersud Sijamhodžić – continued criminal offense of Receiving Gifts or Other Forms of Benefit under Article 217(2) of the Criminal Code of Bosnia and Herzegovina /CC BiH/, as read with Article 54 of the CC BiH;

• The accused Adnan Topić - criminal offense of Receiving Gifts or Other Forms of Benefit under Article 217(2) of the CC BiH;

• The accused Safet Durić - continued criminal offense of Receiving Gifts or Other Forms of Benefit under Article 217(2) of the CC BiH, as read with Article 54 of the CC BiH.

The Court sentenced the accused Mersud Sijamhodžić and Adnan Topić to, respectively, 9 (nine) months' imprisonment and 6 (six) months' imprisonment. As an accessory punishment, the Court imposed on the accused Sijamhodžić and Topić a fine in the amount of 3,000.00 BAM each. The accused were ordered to pay the fines within 6 months after the judgment became final. Pursuant to Article 47(3) of the CC BiH, if the accused failed to pay the fine(s), the Court shall substitute the fine(s) by imprisonment in such a way that each 100 BAM started be substituted by one day of imprisonment. The Court confiscated 300.00 BAM and 200.00 EUR from the accused Sijamhodžić (a received gift in the form of money) and 400.00 BAM from the accused Topić (a received gift in the form of money). The accused were ordered to pay the said amounts to the Budget BiH within 30 days after the judgment became final.

The Court imposed a suspended sentence on the accused Safet Durić, fixing a punishment of imprisonment for a term of 6 (six) months and ordering at the same time that the sentence would not be carried out unless the Accused commits another crime over a period of 2 years after the judgment became final. As an accessory punishment, the Court imposed on the accused Durić a fine in the amount of 2,000.00 BAM, to be paid within 6 months after the judgment. Pursuant to Article 47(3) of the CC BiH, if the accused failed to pay the fine(s), the Court shall substitute the fine(s) by imprisonment in such a way that each 100 BAM started be substituted by one day of imprisonment.

The accused have been found guilty as follows: in 2018 up until 29 January 2019, in the territory of Velika Kladuša, the accused Adnan Topić and Mersud Sijamhodžić, as customs officers, taking advantage of their capacity of official persons when conducting customs surveillance and procedure over goods in the procedure of import of used automobiles and other goods, having an option of a wide range in determining the value of goods and customs basis/value, demanded gifts from importers to conduct a customs procedure they were obliged to conduct. The accused determined in advance the value of vehicles or other goods on which customs duties and VAT would be calculated and, to accept a reduced value of goods, demanded a gift from importers that they called “kafa” (lit. coffee) ranging from 70 to 100 BAM for one or more used cars (depending on the value of a vehicle) and other goods and received a gift to perform, within the scope of their official function, an act that they were obliged to perform. The accused Safet Durić, as director of and responsible person at the freight forwarder VEDS-ŠPED d.o.o. Velika Kladuša, as forwarding agent, mediated in the bribing.

The accused Amir Harbaš, Mersud Sijamhodžić, Adnan Topić and Safet Durić have been acquitted of the following charges: the accused Amir Harbaš – criminal offense of Organized Crime under Article 250(3) of the CC BiH as read with criminal offense of Receiving Gifts or Other Forms of Benefit under Article 217(2) of the CC BiH; and the accused Adnan Topić, Mersud Sijamhodžić and Safet Durić - criminal offense of Organized Crime under Article 250(2) of the CC BiH as read with criminal offense of Receiving Gifts or Other Forms of Benefit under Article 217(2) of the CC BiH.

The accused Edin Pjanić was acquitted of the charge of committing the criminal offense of Receiving Gifts or Other Forms of Benefit under Article 217(1) of the CC BiH.