Prosecutor’s Office of BiH issues Indictment against Actors of Respirators Case

The Prosecutor’s Office of Bosnia and Herzegovina has filed an indictment against Fadil Novalić, Fahrudin Solak, Fikret Hodžić, “F.H. Srebrena malina” d.o.o. /Silver Raspberry Ltd/ Srebrenica and Jelka Milićević.

The accused Fadil Novalić, Fahrudin Solak and Fikret Hodžić, as well as the legal entity “F.H. Srebrena malina” d.o.o. Srebrenica, are charged with having committed the following criminal offences:

– Association for the purpose of committing criminal offences under Article 249 of the Criminal Code of BiH /BiH CC/ in conjunction with the following criminal offenses:

– Abuse of office or official authority under Article 383 of the Criminal Code of the Federation of BiH /FBiH CC/

– Accepting reward or other form of benefit for trading in influence under Article 219 of the BiH CC,

– Money laundering under Article 209 of the BiH CC,

– Counterfeiting or destruction of business or trade books or documents under Article 261 of the FBiH CC,

– Forging of official document under Article 389 of the FBiH CC,

– Infringement of keeping business and commercial books and making of financial reports and their forfeiting or destroying under Article 262 of the Republika Srpska Criminal Code.

The accused Jelka Milićević is charged with having committed the criminal offence of Negligent work in office under Article 387 of the FBiH CC.

The Indictment alleges that the accused committed the aforementioned criminal offences in connection with the procurement of 100 respirators in the amount of BAM 10,530,000.00 and protective equipment in the amount of BAM 2,900,000.00 for the needs of the fight against coronavirus in the Federation of Bosnia and Herzegovina at the time immediately following the declaration of the state of disaster.

The accused Fadil Novalić is charged that he, using the circumstances of the declared pandemic, as well as the capacities and powers of the Prime Minister in the Government of the Federation of BiH, devised a plan for illegal payment of budget funds for the purposes of purchasing products and equipment for fight against the coronavirus.

Fahrudin Solak, Fikret Hodžić and the legal entity “F.H Srebrena malina” d.o.o. Srebrenica joined the plan in order to acquire unlawful material gain. This joint group then procured 100 sets of ACM812A respirators at increased prices, but the supplied respirators cannot be used for the purposes for which they were procured, namely for the treatment of Covid-19 disease, which resulted in a property damage to the budget of the Federation of BiH and made it possible for the involved to acquire the unlawful material gain that would be divided between the members of the associated group.

The accused Jelka Milićević is charged with having committed the criminal offense of Negligent work in office because she, by knowingly violating the law and other regulations, allowed such procurement of respirators, and then, by failing to perform her duties prescribed by law, she did not prevent harmful consequences.

The investigation against the suspect Aleksandar Zolak is under way in a separate case, because the investigation has been expanded in relation to the existence of grounds for suspicion that illegal decisions were made by the Agency for Medicines and Medical Devices in other cases as well.

At the same time, the Prosecutor’s Office of BiH informs the public that the investigation against several other persons is in progress in relation to the criminal offence of Accessory after the fact, in respect of the procurement and distribution of the respirators.

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