Disciplinary prosecutor seeks removal of suspended Court of BiH president Debevec

Disciplinary Prosecutor Alena Kurspahic Nadarevic said the allegations contained in the disciplinary complaint had been proven and that Debevec committed the disciplinary offence.

“Any other conduct constituting a serious breach of official duty and undermining public confidence in the impartiality and credibility of the judiciary,” said the disciplinary prosecutor.

According to her, the disciplinary proceedings established that the respondent assigned 16 cases in 13 proceedings to different judges over a period of one and a half years, contrary to the Rules on the Case Management System (CMS).

She referred to documentary evidence and witness testimony which, she said, were consistent. Kurspahic also recalled the testimony of Witnesses A and B, who stated that they had received instructions from the respondent to forward all CMS-related requests exclusively to Witness C, who served as the CMS administrator. All three witnesses are employees of the Court of Bosnia and Herzegovina and were granted identity protection during the proceedings.

On the other hand, Debevec’s attorney, Kerim Celik, argued that the witnesses’ statements were inaccurate and contradictory. He noted that Witness C had acted in a similar manner in 34 cases in 2016, when Debevec was not serving as president of the court.

“This indicates that the three witnesses acted in a similar manner previously as well,” attorney Celik said, adding that they had never been held disciplinarily accountable for such conduct.

Commenting on part of Witness A’s testimony, in which she stated that she had warned him that the conduct constituted a violation, Debevec said she was the highest-ranking civil servant at the Court of Bosnia and Herzegovina and was well acquainted with the regulations. He questioned why she had not prepared an official written record of her concerns.

Both Debevec and Celik maintain that the statute of limitations has expired in this disciplinary case, arguing that the Office of the Disciplinary Prosecutor failed to initiate proceedings immediately after receiving the first information regarding the allegations. They also recalled that the investigation into the allegations had been discontinued by the Prosecutor’s Office of Bosnia and Herzegovina and therefore believe there is no basis linking the allegations to the current disciplinary proceedings.

Debevec is also facing criminal proceedings before the Special Department of the Supreme Court of the Federation of Bosnia and Herzegovina on multiple charges.

The Disciplinary Commission of the High Judicial and Prosecutorial Council will issue its decision within the legally prescribed deadline, BIRN reported.