The Office of the Disciplinary Prosecutor of the High Judicial and Prosecutorial Council of B&H (HJPC), which yesterday filed disciplinary lawsuits against the Chief Prosecutor of the Prosecutor's Office of B&H Gordana Tadić and the President of the Court of B&H Ranko Debevec, did not request their suspension.

Conducted an investigation for more than a year

The Office of the Disciplinary Prosecutor of B&H did not answer for "Avaz" why the suspension was not requested for the heads of judicial functions, primarily Debevec, who was investigated for more than a year and who, among other things, was accused of inappropriate contact with the person against whom proceedings are being conducted before the court he governs.

This is Osman Mehmedagić, the director of ISA, as evidenced by the published photos in the media.

Debevec is also accused for not declaring property in Spain, but also of intentionally giving false, misleading or insufficient information regarding job applications, promotion issues or any other issues that fall within the competence of the Council.

From this disciplinary point, it remained unclear whether Debevec was also accused of concealing dual citizenship and dual identity, which he used and traveled properly under the name Ranko Debevec Kaveson.

He was reported to the Office of the Disciplinary Prosecutor that he hid this information when applying for the position of prosecutor, and later judge, as well as for the competition for the head of the Court of B&H.

After all, Debevec used the dual citizenship of Spain, and it is disputable that B&H has not signed an agreement on dual citizenship with the Kingdom of Spain. This means that Debevec could not even have dual citizenship of B&H and Spain.

However, the Law on the HJPC B&H is clear. It is now up to Halil Lagumdžija, the president of the HJPC, who will form the First Instance Disciplinary Commission, which will decide on disciplinary lawsuits against the leaders of Bosnia and Herzegovina justice.

In addition, the decision on temporary removal from the office of judicial office is made by the First Instance Disciplinary Commission at the request of the Office of the Disciplinary Counsel, which may be submitted subsequently.

However, given the disciplinary points of the lawsuit against Debevec, including "making inappropriate comments through communication with the prosecutor in the case in which the defendant is a participant in the proceedings", it is obvious that the request for suspension against the head of the Court of B&H had to be filed.

The report states that Debevec put pressure on the prosecutor by sending her text messages in an attempt to stop or redirect the course of the prosecutor's checks of the allegations from the criminal report against him.

Article 77 of the Law on the HJPC BiH clearly states.

A judge or prosecutor may be temporarily removed from office "if disciplinary proceedings have been instituted for a disciplinary offense and the Chamber finds that disciplinary liability cannot be properly established without the judge or prosecutor being temporarily removed from office during the proceedings."

However, the temporary suspension is valid only for the duration of the disciplinary proceedings. In the case of initiating a criminal investigation by the Prosecutor's Office, which is also very certain, the Chief Disciplinary Prosecutor is obliged to propose his suspension, until the investigation is completed.

Ignoring the obligation and order of the Council

As for Tadić, she is also charged with three counts. One of them is that, as the head of the Prosecutor's Office of B&H, by failing to apply the provisions of the Law on Protection of Classified Information, she failed to initiate the procedure of personal security checks of the staff of the Prosecutor's Office of B&H handling classified information.

It was also stated that the Council's obligation and order to allocate prosecution cases to prosecutors through the automatic distribution system (TCMS) during her term as Chief Prosecutor was also neglected.