Compensation Claims Rejected for Unjustified ‘Terror Attack Plot’ Arrest

17. November 2020.10:17
The Constitutional Court has rejected a compensation claim from Kemal Muric, who sought 60,000 Bosnian marks (over 30,000 euros) in damages after the state prosecution discontinued an investigation into him and several others for allegedly planning a terrorist attack on New Year’s Eve 2016.

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Constitutional Court of Bosnia and Herzegovina. Photo:Constitutional Court of Bosnia and Herzegovina

The court said in its decision that the claims for compensation for non-material damage due to mental anguish and damage to Muric’s reputation, honour and dignity was unfounded.

“Assessing this type of harm, the second-instance court took a good look at the specific circumstances of this specific case, including the gravity of the criminal charges, the duration of the detention and prohibition measures, the court expert’s findings and opinion, the appellant’s age, his family situation and so on, and found that the amount of 5,000 Bosnian marks [over 2,500 euros] represented adequate satisfaction for all the mental anguish suffered due to the unjustified deprivation of liberty and prohibition measures,” it said.

The court also said that Muric’s appeal against the verdicts passed down by the Bosnian state court on September 28, 2018, October 16, 2017 and August 7, 2017 was rejected.

Under the first instance verdict handed down by the state court on August 7, 2017, Muric was due to receive the amount of 3,400 Bosnian marks (over 1,700 euros) for non-material damage caused by mental anguish and damage to his reputation, honour and dignity, as well as 1,092.40 Bosnian marks (560 euros) in compensation for legal costs.

Under the second-instance verdict on October 16, 2017, Muric’s appeal was partially upheld and the first-instance verdict revised, awarding him the sum of 5,000 Bosnian marks (over 2,500 euros).

In its verdict on September 28, 2018, the Revising Chamber of the state court partially upheld an appeal and revised the second-instance verdict to give Muric compensation for legal costs of 1,864.60 Bosnian marks (over 950 euros).

Muric was arrested in December 2015 in a case codenamed ‘Rez’ (‘Cut’) together with Elvir Muratovic, Semir Salkovic, Zulfo Alajbegovic, Edin Tabakovic, Darko Peco, Elvir Masic and Adis Kesan. After a month in detention, several monthe sof restrictive measures were imposed on his freedom of movement. The investigation into the men was discontinued in December 2016.

The prosecution suspected Muric and others of having planned a terrorist attack for New Year’s Eve 2016 in Sarajevo. Three others, Admir Ahmetovic, Bilal Dervisic and Nermin Cuprija were also apprehended during the operation, but were released straight after being questioned.


Albina Sorguč

This post is also available in: Bosnian