The Constitutional Court of B&H rejected as unfounded the appeal of 12 members of the SC MUP, who were promoted in 2012 by the decision of the then Commissioner Vahid Ćosić, but appealed to this judicial institution for annulment of the act of ranking by the decision of the Municipal Court in Sarajevo of 15 September 2015. year, the "Avaz" portal finds out.
It is a court case thats lasts for almost nine years.
Namely, the verdict of the Municipal Court in Sarajevo from 2015 followed after police officer Salem Kurtović and his lawyer Sead Festić filed a lawsuit against the SC Ministry of the Interior and the SC Police Committee for illegal ranking of 12 police officers. With that verdict, the plaintiff's claim (Kurtović) was adopted, and the acts of the defendants (lists and decisions on ranking) were annulled.
The court then annulled the acts and ordered the SC Ministry of the Interior to repeat the procedure of promotion to the rank of inspector according to the internal announcement from June 8, 2012.
These are officials Admir Šalaka, Jasmin Sipović, Hasan Dupovac, Muhidin Šišić, Edin Džuha, Asmedin Osmanović, Edib Prašović, Olga Vukša, Nezir Kalajdžić, Zija Bakija, Aziz Pašić and Avdo Ibrica.
In this regard, the Municipal Court stated that candidates who did not meet the requirements of the internal advertisement participated in the said procedure, ie candidates who did not have an appropriate annual performance appraisal for the last three years, as it is conditioned by the Law on Police Officers of SC, the Rulebook on the Promotion of Police Officers of SC and the internal announcement for promotion to the rank of inspector. The court determined that the defendants (MUP SC and the Police Board) promoted the police officers according to an internal advertisement, and that some of them did not submit valid documentation on fulfilling the conditions, which is contrary to the Law on Police Officers.
In addition, the lawsuit alleges that the advertisement promoted police officers who did not meet the qualification requirements, given that they have diplomas from the Bologna process and not classical diplomas, and that they are not considered higher education diplomas, that persons who did not have a work grade participated pursuant to the Law on Police Officers.
However, the SC Ministry of the Interior and the Police Board immediately appealed the verdict, which was joined by 12 high-ranking police officers. However, deciding on the appeal of the defendants, the Cantonal Court issued a judgment of 2 November 2020 rejecting the appeal and upholding the first-instance judgment.
The Cantonal Court also rejected the objection of the defendants that the Municipal Court has no jurisdiction to decide in their case, and assessed that the other appellate objections of the defendants were unfounded.
Then, on December 15, 2020, Šalaka, Sipović, Dupovac, Šišic, Džuho, Osmanović, Prašović, Vukša, Kalajdžić, Bakija, Pašić and Ibrica appealed to the Constitutional Court to postpone the annulment of their ranking, so that the Constitutional Court could issue an interim measure revoking the judgment of the Municipal Court.
In the appeal to the Constitutional Court, the illegally ranked police officers stated that the judgment of the Cantonal Court violated their right to a fair trial of the Constitution of B&H and the European Convention for the Protection of Human Rights and Fundamental Freedoms.
However, the new decision of the Constitutional Court of B&H of 5 October this year rejected their appeal as unfounded against the judgment of the Cantonal Court in Sarajevo No. 65 0 Rs 361381 19 Rsž 5 of 2 November 2020 and the judgment of the Municipal Court in Sarajevo No. 65 0 Rs 361381 13 Rs of 15 September 2015 in relation to other aspects of the right to a fair trial.
The police officers also considered that their right to property had been violated because they had received salaries and benefits related to promotion.
