The main hearing on the disciplinary lawsuit against the Chief Prosecutor of the State Prosecutor's Office, Gordana Tadić, continued today before the members of the First Instance Disciplinary Commission of the HJPC.
She is charged with negligence in the performance of official duties, ie knowingly disregarding the obligation and order of the HJPC to assign Prosecution cases to prosecutors through the automatic distribution system (TCMS) during her term as Chief Prosecutor.
A defense witness, Mato Miletić, who works at the B&H Ministry of Security as an assistant minister in the sector for the protection of classified information, also spoke about security checks and the implementation of the Law and the protection of classified information. As he said, it is a process that takes several years to implement.
- So far, the Law has been implemented by the Court of B&H and the Prosecutor's Office of the Brčko District. These two judicial institutions have been certified. We have signed agreements with the European Union and NATO and we have been told that the process takes about five years. Personal, physical, documentary and information security are four segments that are inseparable when it comes to security checks - said Miletić.
She insisted on personal security
Chief disciplinary prosecutor Alena Kurspahić-Nadarević insisted only on personal safety during the proceedings, however, Miletić reiterated that these four segments are inseparable.
- We had a plan of activities and the way in which those activities would be implemented. A decision was made to direct police agencies to prosecutorial and judicial institutions. It could be seen then that we would have trouble interpreting the law. It was mostly discussed until 2013 - said Miletić.
In the period when the Chief Prosecutor of the Prosecutor's Office of B&H was Goran Salihović, as Miletić said, small progress was made, and security checks were not carried out.
- Since 2016, when Mrs. Tadić was appointed Chief Prosecutor, a set of measures has been taken to start implementing the Law. Then they started drafting and actively participated in drafting the document. Now I can say that we finished the checks a month ago and they are in the final phase - said the witness.
The Prosecutor's Office of B&H is in the final phase
Prosecutor Tadić's lawyer Vlado Adamović asked Miletić if he could make a comparison of judicial institutions regarding the implementation of this law.
- We are always on the field. Some institutions are just at the beginning, and the Prosecutor's Office of B&H is in the final phase - said Miletić.
To what extent did the B&H Prosecutor's Office meet the conditions, can we say that it is a leading institution, Adamović asked.
- The HJPC did not receive certification, nor did the Prosecutor's Office of B&H. At the time when Minister Selmo Cikotić had the coronavirus and when the entire office was in isolation, I was leading the Ministry. We were given the task from Brussels to raise the level of security to a higher level - said Miletić.
Adamović asked if he had recorded any security problems in the Prosecution of Bosnia and Herzegovina, to which the witness said no.
All that happened in the mandate of Goran Salihović
During the presentation of material evidence, Adamović pointed out that the materials state that only the Prosecutor's Office of B&H did not implement any measures.
- The other prosecutor's offices have not either, and only the Prosecutor's Office of B&H is being acquired. The evidence presented by Prosecutor Kurspahić-Nadarević, which she received from ISA, is incorrect. The only thing that is true is that ISA does not perform security checks. ISA wrote that it does not perform checks only for the Prosecutor's Office of B&H, which is not true. The ISA provided incorrect information that only the Prosecution did not conduct security checks. That is not correct. The witness nicely said that apart from the Court of B&H and the Prosecutor's Office of the Brčko District, no other institution did that, and they stated only the Prosecutor's Office of B&H – HJCP did not do security checks either - said Adamović.
During the presentation of evidence today, the Chief State Prosecutor also pointed out that Kurspahić-Nadarević often left out that these were circular letters to several prosecutor's offices.