News in English     | 05.02.2020. 14:17 |

TIBiH: BiH Prosecutor's Office rejects to publish indictment against Mektić

FENA Press release

BANJA LUKA, February 5 (FENA) - The Prosecutor's Office of Bosnia and Herzegovina has rejected a request by Transparency International (TI) in BiH to provide a copy of the indictment against former BiH Security Minister Dragan Mektić and others charged for abuse of office.

Due to the high public interest in the case, as well as the process of confirming the indictment, TIBiH requested that complete information be provided, but the Prosecution claims that there is no public interest in the case.

“After conducting a public interest inquiry within Article 9 of the Law on Freedom of Access to Information, it was determined that the disclosure of the requested information was not of public interest,” the Prosecutor's Office of BiH stated. It is further alleged that the disclosure of this information "would cause significant harm to legitimate targets, including crime prevention and any detection of crime."

TIBiH monitors the case as part of the monitoring of trials for corruption offenses in BiH, and "since the start of monitoring, this is the first time prosecution has rejected to provide a copy of the indictment."

The Prosecution relied on similar arguments earlier when, as they added, it repeatedly denied TIBiH's requests to provide information from completed court proceedings, or information on whether an indictment was filed in the Bosnalijek case.

The Court of BiH then upheld the TIBiH complaints in both cases, concluding that "the BiH Prosecutor's Office did not properly conduct the public interest survey, that criminal proceedings are generally a public good, and that the judicial authorities are obliged to provide them, and when there is an exception provided by law if it justifies the public interest ".

Despite the established case law, the Prosecutor's Office of BiH persistently rejects to provide all information about criminal proceedings without appreciating the public interest, and without conducting a public interest survey, TIBiH stated.

(FENA) A. B.

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