The Court of Bosnia and Herzegovina delivered a Judgment in the case of Boris Kordić et al. on 28 June 2022, finding the accused Boris Kordić and Josip Kvesić, official persons of the Mostar Field Office of the Service for Foreigners' Affairs of the Ministry of Security of Bosnia and Herzegovina, guilty of the criminal offense of Organized Crime under Article 250 of the Criminal Code of Bosnia and Herzegovina /CC BiH/, as read with the criminal offense of Abuse of Office or Official Authority under Article 220 of the CC BiH, and the criminal offense of Extortion under Article 295 of the Criminal Code of the Federation of Bosnia and Herzegovina /CC FBiH/, as follows: the first accused Boris Kordić, as Head of the Mostar Field Office and leader of a group for organized crime (the group), and the second accused Josip Kvesić, as inspector of the Mostar Field Office and a member of the group, to the benefit of the group and to the detriment of foreign citizens: Fabio Sghedoni, president of the non-governmental organization Regina Della Pace and founder of the legal entity Horizonti Mira d.o.o. Zvirovići, municipality of Čitluk, within which is the hotel Joy in Zvirovići, and a building of the non-governmental organization NUOVI ORIZZONTI in Bijakovići to the detriment of a married couple-foreign citizens Graziano Castagner and Tecla de Luca, co-owners of the company Granmir&Co d.o.o. Čitluk and the hotel Spa in Međugorje that operated as part of the legal entity Granmir&Co d.o.o. Čitluk, and also to the detriment of foreign citizen Luigi de Iudicibusa, owner of the legal entity Shara Argenteria d.o.o. Međugorje. The two accused committed the acts in concert with Vlatka Puljić, Luca Cobre and Ana Milićević, convicted members of the group, using the legal entity Vlamon d.o.o. Čitluk owned and managed by Ms. Vlatka Puljić, convicted member of the group; the said legal entity was founded for the needs of this criminal group.
The accused Boris Kordić and Josip Kvesić have been found guilty because they, as official persons, in the period between October 2012 and March 2014, as part of the group for organized crime, using their official positions and authority, extorted money from individual foreign citizens by taking unlawful official decisions, undertaking unlawful official actions and making serious threats to foreign citizens that they would use their official authority at the Service for Foreigners' Affairs to prevent the foreign nationals from obtaining and renewing the residence permits and to have them expelled from Bosnia and Herzegovina. Furthermore, the accused persons used their authority, influence and acquaintanceships with other persons of influence or official persons at the State-, Federation- and Canton-level institutions so that criminal and minor offense proceedings could be instituted against foreign citizens, offices of foreign non-governmental organizations registered in the territory of Bosnia and Herzegovina and the legal entities managed by foreign citizens and decisions banning their activities issued. Members of the group undertook those activities in mutual agreement and in accordance with the instructions and orders from Boris Kordić, all for the purpose of forcing foreign citizens residing in the territory of Bosnia and Herzegovina, offices of foreign non-governmental organizations registered in the territory of Bosnia and Herzegovina and other legal entities managed by foreign citizens in the territory of Bosnia and Herzegovina to undertake activities to the detriment of their and someone else's property.
In addition, the Court found guilty and sentenced the accused Boris Kordić and Josip Kvesić that, in addition to the criminal offense of Organized Crime under Article 250 of the CC BiH committed, in concurrence they committed the continued criminal offenses of Abuse of Office or Official Authority under Article 220 of the CC BiH and Forging of a Document under Article 373 of the CC FBiH, taken in conjunction with Articles 53 and 54 of the CC BiH, to the benefit of Ms. Anita Ličina, a foreign citizen.
The Court imposed the following sentences on the accused: the first accused Boris Kordić – single sentence of imprisonment for a term of 14 (fourteen) years, and the second accused Josip Kvesić - single sentence of imprisonment for a term of 10 (ten) years. The time that the accused spent in pre-trial custody from 26 February 2014 until 23 May 2014 shall be credited towards the imposed sentences of imprisonment.
In contrast, the accused Josip Kvesić has been acquitted of the charge of committing the criminal offense of Forging of a Document under Article 373(1) of the CC FBiH in concert with the accused Boris Kordić under Count 4 of the Indictment because the crime has not been proved.
The Court confiscated objects from the accused and ordered them to pay costs of the proceedings.
Pursuant to Articles 110 and 111 of the CC BiH, the Court confiscated 60,000.00 BAM from the accused Boris Kordić and Josip Kvesić as proceeds of crime acquired to the detriment of the married couple-foreign citizens Graziano Castagner and Tecla de Luca, co-owners of the company Granmir&Co d.o.o. Čitluk and the hotel Spa in Međugorje. The accused are ordered to pay the said amount jointly and severally to the Budget of Bosnia and Herzegovina within 60 days after the judgment became final or face enforced collection.
Pursuant to Article 198(2) of the Criminal Procedure Code of Bosnia and Herzegovina /CPC BiH/, the Court instructed the injured party Lugio De Iudicibus to take civil action to pursue his redress claim.
With regard to the injured foreign citizen Fabio Sghedoni, the Court noted that he did not file a redress claim against any of the accused persons. As for the claim filed by the married couple-foreign citizens Graziano Castagner and Tecla de Luca, the Panel has already adjudicated this claim in the judgment against the convicted person Vlatka Puljić and the legal entity Vlamon d.o.o. Čitluk.
Pursuant to Article 126(2), Article 126b paragraphs 2, 4 and 5 of the CPC BiH, as read with Article 138(1) of the CPC BiH, having delivered the Judgment, the Court issued a Decision, imposing on the accused Boris Kordić and Josip Kvesić a travel ban under Article 126(2) of the CPC BiH, to last for as long as necessary, but not exceeding the referral to serve their respective prison sentences. The accused are not allowed to travel outside of Bosnia and Herzegovina. To implement this measure, the valid travel documents of Bosnia and Herzegovina and the Republic of Croatia issued to the accused persons are seized and the accused are to submit those documents to the Court of BiH without delay. Furthermore, no new travel documents may be issued to the accused persons and the accused persons are not allowed to cross the State border using ID cards of Bosnia and Herzegovina and the Republic of Croatia. The Border Police of Bosnia and Herzegovina shall enforce the said measures by entering the ban into the Main Data Processing Center. The appropriate body issuing the ID cards of Bosnia and Herzegovina is ordered to comply with Article 18 of the Law on the ID Card of the Citizens of Bosnia and Herzegovina and the Rulebook on entering the ban to cross the State border in the ID card of a citizen of Bosnia and Herzegovina. The accused persons were warned that they may be ordered into pre-trial custody in the event of violation of any of the measures imposed.
