The appeal session in the case against Osman Mehmedagic, director of the Intelligence and Security Agency (OSA), and Muhamed Pekic, an employee of this agency, who were acquitted of abuse of office by the first instance verdict, ended before the Appellate Chamber of the Court of Bosnia and Herzegovina.

Personal interest

Prosecutor Oleg Čavka explained the reasons why he asked the Appellate Chamber to revocate the acquittal. He claims that there have been significant violations of the provisions of the criminal procedure and that the factual situation has been incompletely established.

The prosecutor said that Mehmadagić and Pekić undertook official actions in their own interest for which they did not have the authority. Čavka pointed out that during the procedure, there was constant pressure from the Court, which took over the powers of the Prosecutor's Office of B&H.

Among other things, he said that the Prosecution was not allowed to submit additional material evidence and that during the sentencing, the publicly presented part differed from the written copy of the verdict and that the Court communicated with the public and gave instructions on how to write about the verdict.

Čavka quoted the position of the Court of First Instance "that not every abuse is a criminal offense", which brings into doubt that the verdict is incomprehensible.

The prosecutor reprimanded the first instance court for giving credence to witness Trifko Buha, and obtained material evidence.

- The court clarified that Buha is a co-signatory and that he approved the operation to exclude the recording from "BH Post", although the evidence bears the signature of Osman Mehmedagić - said Čavka, emphasizing that the Court was biased towards the defense.

Explaining why the Court suddenly requested the hearing of Mirela Bubalo, even though she is one of the injured parties, Čavka stated that the Court was either contaminated by writing of certain portals or inspected the evidence. Čavka said that the Court was exposed to pressure and anonymous letters, and that it was infected by that, and that they used those facts as evidence.

The defense of Mehmedagić and Pekić requested the Appellate Chamber to dismiss the Prosecution's appeal as unfounded.

Lawyer Senka Nožica, who represents Mehmedagić, once again pointed out that it was a political process with the aim of accusing one ISA director.

Nožica pointed out that the prosecutor practically gave the final word at the session.

Prosecution appeal

According to the indictment, in August 2020, they obtained a surveillance recording from "BH Post" and revealed the identity of the sender of the anonymous report against the director of ISA, but the Court of B&H acquitted them of the charges of the Prosecutor's Office of B&H.

However, the Prosecution appealed, requesting that the acquittal be either revoked or a new trial ordered before the Appellate Chamber of the Court of B&H.