Special Department Prosecutor of the Federation Prosecutor's Office, Jovan Katić, stated that during the upcoming evidentiary proceedings, he will hear 46 witnesses, six experts, and present material evidence, which will require six hours. He has provided the defenses and the Court with a written explanation detailing the circumstances on which witnesses will testify and the points of the indictment.
The defenses had no objections to the conduct of Judge Ajla Papović-Mujan in this case but raised concerns about the actions of the Special Department of the Federation Supreme Court, as previously reported by BIRN BiH.
Tanja Savić, the defense attorney for Debevac, said she would maintain the objection of lack of jurisdiction but would respect the final decision of the Federation Supreme Court. She questioned how this court would proceed when the case is permanently contaminated and noted that there is an indictment that was neither reviewed nor confirmed earlier.
She pointed out that the Constitutional Court of BiH had established a violation of the rights of the accused Debevac, as the decision on detention was not made by the competent court. In her presentation, Vasić referred to earlier actions, stating that an Extrajudicial Council of the Court of BiH was formed, which is not lawful and which decided in this case.
At the beginning of October last year, Debevac appealed to the Constitutional Court of BiH and requested that the decision confirming the indictment be annulled.
"The defense has a problem because a disciplinary proceeding is being conducted against Debevac in parallel with this one. A certain number of witnesses from this proceeding are also witnesses in the disciplinary one. The measure prohibiting meetings with witnesses is still in effect. The rights of the accused are being violated," said Vasić.
She also raised the question of the application of the Criminal Procedure Code and which law this court will apply.
"The Court of BiH could not proceed in this case, yet a million and one actions have been taken against me," said Debevac.
Attorney Nermin Mulalić, defending Mehmedagić, noted that "we are in uncharted waters" regarding this case due to the special situation related to the actions of the Court of BiH and the multiplication of problems.
He said that since the day of arrest, December 18, 2023, they have pointed out that the Court and Prosecutor's Office of BiH cannot proceed in this case and have filed an appeal with the Constitutional Court of BiH.
"This court has an obligation to act in a way that will stop the violation of the right to a fair trial. I am confident that this court will find answers to all challenges. In my opinion, the Court, with a holistic approach, has the possibility to ensure the right to a fair trial in a proceeding where it was decided that key steps in the early stages were taken by the Court, which the Constitutional Court said was not impartial," explained Mulalić.
Pijuk's defense attorney, Ratko Gengo, said that for the criminal acts charged against his client, there are no grounds for this court to have jurisdiction.
"This defense has filed appeals. We leave the rest to the judgment of the Court," added Gengo.
The case against Debevac, Mehmedagić, and Pijuk has been transferred several times from the State Court to the Municipal Court in Sarajevo and the Special Department of the Supreme Court. Ultimately, in February of this year, it was decided that it would be conducted before the Special Department of the Federation Supreme Court.
According to a previous statement from the BiH Prosecutor's Office, Debevac is accused of abuse of position or authority, forgery of an official document, receiving a reward or other benefit for influence peddling, unauthorized wiretapping and audio or visual recording, as well as false representation and violation of the BiH Gender Equality Law.
Mehmedagić is charged with forgery of an official document, as well as abuse of position or authority, while Pijuk, along with Debevac, is covered by the indictment point charging them with false representation and violation of the BiH Gender Equality Law.
Judge of the Special Department of the Supreme Court, Ajla Papović-Mujan, stated that she will consider the objections during the proceedings and that the Supreme Court has made a final decision, and proceedings will continue in that direction.