Exemption of Presiding Judge Requested in Miletic Case

According to the charges, defendants Senad Sabic and Ramo Brkic promised to give a certain amount of money to state court judge Azra Miletic. The prosecution alleges that Sabic and Brkic, who were facing organized crime charges, bribed Miletic in order to influence the outcome of a second instance proceeding against them.

Prior to the start of the trial, which will be presided over by judge Cukovic, the defense presented a request for her exemption. The defense said it suspected the impartiality of state court judges in Miletic’s case.

Defense attorney Edina Residovic mentioned a letter sent to the High Judicial and Prosecutorial Council (HJPC) in November 2010 which was allegedly signed by a group of state court judges. She said the letter described Miletic’s personality in a “degrading, gossipy and malicious” manner and served as the basis for the defense’s request for Cukovic’s exemption.

“It must be known whether a person who discredited Azra Miletic in November 2010 will serve as a judge in her case. We cannot say that you, honourable judge Cukovic, participated in that, but the suspicion cannot be lifted until an investigation has been conducted,” Residovic said.

The defense said the state court referred the case of state court judge Dragica Miletic to the municipal court of Sarajevo, in order to maintain the impression of impartiality and independence.

“This is an almost identical case…Even if the case against Azra Miletic is more complex, impartiality must outweigh [other concerns],” defense attorney Dragan Barbaric said.

Barbaric said a press conference organized by the state court after Miletic’s arrest also served as grounds for suspicion on the impartiality of the chamber. Barbaric said that during the conference statements were made about how “state judicial institutions were committed to confronting corruption, even within those institutions,” and “fighting unhealthy structures.”

Prosecutor Dzermin Pasic said the request for judge Cukovic’s exemption represented a misuse of the defense’s rights. He said of instead of finally beginning the train, the chamber was discussing issues which the court had already resolved when it refused to refer the case to a lower-instance court.

“The reasons cited by the defense have no link to the law. These issues have already been resolved…If the aforementioned letter was anonymous, it means anybody, including Bosnian state court judges, could have sent it,” Pasic said.

Residovic responded by quoting legal provisions and European verdicts, as well as a previous decision by the state court which indicates that “if the defendant suspects the impartiality of the court, she has a right to request an exemption.”

Husein Music, Senad Sabic’s defense attorney, acceded to the exemption request. He said he believed his client would have a fair trial if the third defendant had one as well.

Asim Crnalic, Ramo Brkic’s defense attorney, also firmly stated that the state court should not handle this case.

After the parties had presented their arguments, judge Cukovic adjourned the hearing. She said the exemption request would be considered at a general session of the state court.