ZAGREB, 24 Aug, 2021 - Prosecutorial authorities in Bosnia and Herzegovina and former football coach Zoran Mamić's attorneys said on Tuesday that they were opposed to his extradition to Croatia, claiming that the legal requirements for his extradition had not been met.
Mamić's attorney Zdravko Rajić and Davor Martinović presented their arguments why Mamić should not be handed over to Croatia.
Croatia's judiciary has requested Mamić's extradition on three grounds: to conduct his retrial based on a Supreme Court ruling quashing a part of the relevant verdict handed down by Osijek County Court ruling, to get him serve a sentence of four years and eight months based on a final ruling; and for the purpose of an investigation into the bribing of three Osijek judges who were in charge of the cases against Zoran Mamić and his brother, former football mogul Zdravko Mamić.
Mamić's attorneys claimed that these were no grounds for extradition.
His attorneys claim that the entire court proceedings against Mamić in Osijek are deeply contaminated because the judges in the proceedings are currently being investigated for graft.
Martinović claimed further that the decision for the imprisonment of the Mamić brothers was still not final because they had not yet submitted an appeal against that decision.
On 12 August the Bosnian court deliberated a separate extradition request for Zdravko Mamić, however, a decision has not been delivered yet.
The prosecutorial authorities in Sarajevo were opposed to the extradition, similarly to previous cases.
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ZAGREB, 23 June, 2021 - A Zagreb County Court investigative judge decided on Wednesday that Zdravko and Zoran Mamić should be remanded in custody, which once it becomes final, will serve as the basis to request their extradition from Bosnia and Herzegovina, Hina learned from the court.
The remand order was issued due to flight risk and risk of repeating the crime, Judge Krešimir Devčić told Hina.
He added that a panel of judges had upheld an appeal by the USKOK anti-corruption office against an earlier ruling which rejected the custody request. Once today's ruling becomes final it will serve as the basis for Croatia to request that the Mamić brothers be extradited to Croatia from Bosnia and Herzegovina pursuant to an agreement between the two countries that entered into force in 2014, Devčić explained.
On 10 June the investigative judge rejected USKOK's request to arrest the fugitive Mamić brothers because warrants for their arrest had already been issued and custody had been set in other cases against them.
Businessmen to remain in custody, judges released on bail
With regard to the other suspects in this case, the court confirmed on Monday that Osijek County Court Judge Darko Krušlin was released on bail while Judge Zvonko Vekić and Osijek businessman Drago Tadić were still behind bars.
A third suspect, Judge Ante Kvesić, had also been remanded in custody. He did not appeal against the decision and a final ruling has ordered disciplinary action against him, removing him from his judicial duties. As there was no cause to keep him detained, Kvesić was released on bail on Monday.
USKOK launched an investigation into the six suspects for giving and accepting bribes and influence peddling.
Krušlin is charged with accepting an Audemars Piguet watch in exchange for interceding for Mamić during the trial against him before the Osijek County Court.
USKOK said that in the period from April 2017 to 21 May 2019 Zdravko Mamić, at the time an indictee in several cases that also included his brother and other indictees, met with Judge Vekić in Zagreb, Osijek, Banja Luka, Široki Brijeg and Dubai. Mamić gave Vekić a total of at least €370,000 for him and the other two judges.
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ZAGREB, 11 June 2021 - The Association of Croatian Judges (UHS) on Friday said that it had urged to the relevant authorities to determine the facts in individual cases in which individual judges were suspected of criminal offences without any further delay.
The burden of stigma, which is currently on the entire judiciary, must no be based on a few individual situations that are presented in public as the general situation in the judiciary.
The vast majority of judges in Croatia conduct their duties honourably and responsibly, the association concluded at a meeting in Zagreb on Friday.
Two Osijek judges, Zvonko Vekić and Ante Kvesić, were remanded in custody while their colleague Darko Krušlin was released on bail on Thursday after an investigation was launched into them following accusations made by former football mogul Zdravko Mamić, who has been convicted of siphoning money for the Dinamo football club, that he had bribed them to obtain a more "favourable ruling against him."
Concerning this case, the investigation has also been launched against the Mamić brothers, Zdravko and Zoran who are on the run in Bosnia and Herzegovina, as well as Osijek businessman Drago Tadić.
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9 June 2021 – Police apprehended three judges from Osijek this morning in a case seemingly involving serious corruption in Croatia.
Croatian judicial system has been a point of controversy throughout recent history. Still, it is rare that the police actually get a cause for arrest. Three judges from Osijek, Darko Kruslin, Zvonko Vekic, and Ante Kvesic, were apprehended this morning. This comes after charges brought forth by controversial football manager Zdravko Mamic.
Zdravko Mamic and his brother Zoran Mamic have their own problems with the law. They were recently found guilty of extracting 116 million Croatian Kunas from Dinamo Zagreb football club by the Croatian Supreme Court. Zoran Mamic was the acting club manager at the time. They are currently in Bosnia and Herzegovina with Croatia seemingly unable to work out extradition with the local government.
Index.hr reports Zdravko Mamic supposedly delivered a USB memory drive to USKOK (Bureau for Combating Corruption and Organized Crime) back in October. It contained evidence of various corruption acts the judges committed. He later held a press conference in which he made various accusations of racketeering, accepting bribes, and secret meetings during ongoing cases. He claimed judge Vekic asked him for help in obtaining a higher professional function and extorted €500,000 that he planned on dividing with Kruslin and Kvesic. Mamic said he paid the money in order to have the charges against him dropped. He also mentioned another €100,000 EUR being paid through Zoran Mamic and Drago Tadic – the arrested entrepreneur. On another occasion, Zdravko Mamic supposedly had given Darko Kruslin an expensive watch as a gift. Kruslin later returned the timepiece when Mamic's case went to court in Osijek.
When reading through the entire set of accusations, it becomes clear the men involved had socialised on a number of occasions. Unfortunately, these social circles that feature people holding high positions in various branches of the government and controversial entrepreneurs are nothing new in Croatia. If this case turns out to be valid, it will be an interesting precedent for the future. Having a long-time controversial figure like Zdravko Mamic putting in motion such an important corruption case is a perfect irony to cap the story off.
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ZAGREB, 19 May, 2021 - Former Dinamo football coach Zoran Mamić will remain free while in Bosnia and Herzegovina, however, he will have to report to the police once a week and his personal documents have been temporarily confiscated, the court in Bosnia and Herzegovina decided on Wednesday.
Zoran Mamić was arrested early Wednesday morning by officers from the State Investigation and Protection Agency (SIPA) based on an arrest warrant issued against him in Croatia.
After that Mamić was handed over to the court in Sarajevo, Judge Branko Perić determined his status including his citizenship of BiH. The judge ruled that Mamić would remain free with precautionary measures and was ordered to give in his personal identification documents.
The court did not discuss the matter of Mamić's extradition considering that Croatia has not sent a formal request yet.
A Croatian Supreme Court ruling upheld a ruling sentencing Mamić to four years and eight months in prison after being convicted of siphoning money from the Dinamo Football Club.
After that he escaped to BiH and requested that he be allowed to serve his sentence in that country which was rejected. Zagreb County Court then issued an international arrest warrant against him.
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ZAGREB, 19 May, 2021 - Justice and Public Administration Minister Ivan Malenica announced on Wednesday that he would meet with his Bosnian counterpart early next month to discuss amending the bilateral agreement that regulates enforcement of prison sentences.
His announcement came after former Dinamo Zagreb coach Zoran Mamić was arrested in Bosnia and Herzegovina on Wednesday morning on a Croatian warrant.
Malenica said that the Croatian Ministry of Justice and Administration would prepare documentation to support the extradition request and that the competent court in Bosnia and Herzegovina would decide whether the criteria for Mamić's extradition to Croatia were met.
"It is for the competent court to establish all the facts based on the law on international judicial assistance in criminal matters and the bilateral agreement with Bosnia and Herzegovina," Malenica told a press conference in Zagreb.
Asked if he expected the same scenario as for Zoran's brother Zdravko Mamić, whose extradition had been rejected, Malenica would not speculate, saying that the matter would be decided by the competent court in Bosnia and Herzegovina.
Malenica said he had talked with Bosnia and Herzegovina's justice minister and that they would meet at the start of June to discuss launching the procedure to amend the bilateral agreement.
Zoran Mamić has been sentenced in Croatia to four years and eight months in prison for siphoning funds from the Dinamo Zagreb football club. He was arrested in Međugorje, southern Bosnia and Herzegovina on Wednesday morning and handed over to the State Court which will decide on Croatia's extradition request.
Mamić has confirmed earlier that he holds dual Croatian and Bosnian citizenship and wants to serve the prison sentence in Bosnia and Herzegovina, which the Croatian court has rejected.
The Bosnian State Court is expected to reject the extradition request on the ground that Mamić holds Bosnian citizenship.
As for the case of Zdravko Mamić, who also wants to serve his prison term in Bosnia and Herzegovina, Malenica said that the Ministry had been notified by the Osijek County Court that the conditions under the law on international judicial assistance were not met and that the Ministry was acting accordingly
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ZAGREB, 19 May, 2021 - Bosnian police arrested Croatian football manager Zoran Mamić in the southern town of Međugorje on Wednesday morning based on a warrant issued by Croatia.
Mamić will be handed over to the State Court which will decide on Croatia's request for his extradition.
Mamić has confirmed earlier that he holds dual Croatian and Bosnian citizenship and wants to serve the prison sentence imposed on him by a Croatian court in Bosnia and Herzegovina.
The Bosnian State Court is expected to reject the extradition request on the ground that Mamić holds Bosnian citizenship.
Mamić has been sentenced in Croatia to four years and eight months in prison for siphoning funds from the Dinamo Zagreb football club.
The Zagreb County Court issued a warrant for his arrest on 12 May after he failed to report for serving his sentence.
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ZAGREB, 22 April, 2021 - Justice Minister Ivan Malenica on Thursday asked the Supreme Court and the Chief State Prosecutor to say whether the existing law is sufficient for adopting decisions on precautionary measures for convicted persons, after Zoran Mamić requested to serve his sentence in Bosnia and Herzegovina.
"I'm writing you with the wish to continue the joint cooperation with the aim of building a better judicial system and an effective normative framework in the area of criminal law," Minister Ivan Malenica wrote in a letter a day after the prime minister claimed that it is necessary to clear up whether the existing legal framework is good enough for issuing precautionary measures or whether omissions are made.
"These days we have witnessed a situation where a convicted person, prior to being sent to serve his sentence, left the territory of the Republic of Croatia and is asking to serve his sentence in Bosnia and Herzegovina. This refers to Zoran Mamić, who was convicted to 4 years and 8 months in prison, in a case in which his brother Zdravko Mamić was sentenced to prison too. I remind you that one day prior to the delivery of a trial verdict, Zdravko Mamić too left Croatia and since then he is unreachable to Croatian authorities," Malenica wrote in the letter.
He underscored that this isn't the only case where convicted felons with dual citizenship have managed to avoid serving their sentences in Croatia.
Situations which undermine citizens' trust in the system
"From the above it transpires that this is a systemic problem, that is situations which recur and which will probably occur in the future," said Malenica, adding that these situations justifiably undermine the trust of citizens in the judicial system and of the perception of the judiciary's efficiency and equity.
"They are also in contradiction to the objective of the criminal procedure which is carried out to determine, as stipulated by the law, whether a crime was committed and if it was, to punish the perpetrator or apply another appropriate measure. In situations like this, that purpose, from the aspect of applying punishment, is brought into question and it is not certain whether it will be met entirely or at all," said Malenica.
In his letter, Malenica asks what the executive authority can do to enable the judiciary to ensure that convicted felons cannot leave the country to avoid serving their sentence.
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ZAGREB, 20 April, 2021 - Prime Minister Andrej Plenković said on Tuesday the Osijek County Court should have ordered a precautionary measure for former Dinamo football club coach Zoran Mamić, who went to Bosnia and Herzegovina after being sentenced in Croatia and applied for serving his prison term there.
Speaking to the press in Rijeka, Plenković said "the Justice Ministry was very clear about ordering precautionary measures for some convicts. The competent court of first instance could and should have ordered a precautionary measure given the circumstances."
"If our judiciary thinks that this option at their disposal is in any way insufficient or not clear enough and that it should be fine-tuned, they should say so. They are the ones who can decide if certain possibilities are being used in practice or not."
Plenković said trial laws were essential and delicate and that one must also look at the general interest and a defendant's rights. "In my opinion, such situations shouldn't occur."
Asked if the agreement with Bosnia and Herzegovina regulating these matters should be changed because of such situations, he said, "We can change the agreement, but I'm more interested in the practice itself which, I must say, has nothing to do with the government."
"When you look at judiciary independence indicators, the election of judges, their salaries, status - we have done the utmost about that. This is a question of implementation and specific cases which must be treated in such a way to prevent situations like this."
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ZAGREB, 24 March, 2021 - Interior Minister Davor Božinović said on Wednesday that he did not consider it logical for former Dinamo football club coach Zoran Mamić, who was given a final verdict for corruption, to be able to cross the state border, adding that police acted in line with rules regulating the work of border police.
"The police acted the only way they could, and as to whether the court could and should have issued some order regarding Mamić, courts are the third branch of government. Personally I don't consider it logical, but that's not up to police because in this case police had no reason to act differently than they did, complying with rules that regulate the work of border police," Božinović said at a session of the national COVID-19 response team, which he heads.
Zoran Mamić on Tuesday left the country for Bosnia and Herzegovina, from where he returned to Croatia on Wednesday morning, after, as he said, he visited his brother Zdravko whom he had not seen for seven months.
"I travelled there while I still had the opportunity, until the procedure is finished," he said, adding that it was difficult for him to say if he would again travel to BiH.
In an interview with N1 Zoran Mamić noted that he had to take care of his family before starting to serve his sentence.
Even though together with his brother Zdravko he was given a final verdict for siphoning money from Dinamo, Zoran Mamić travelled to the neighbouring country without any problems because he still has not received a call from the Zagreb County Court judge in charge of the execution of prison sentences.
The Supreme Court last week upheld a ruling by the Osijek County Court sentencing Zdravko Mamić to six and a half years in prison for siphoning HRK 116 million from Dinamo.
It reduced the prison sentence for his brother Zoran from four years and 11 months to four years and eight months, while former tax official Milan Pernar's sentence was reduced from four years and two months to three years and two months.
The Supreme Court upheld the first-instance judgement for former Dinamo director Damir Vrbanović sentencing him to three years in prison.
Zdravko Mamić, who holds dual Croatian and Bosnian citizenship, fled to Bosnia and Herzegovina in June 2018, the day before the Osijek County Court announced the verdict sentencing him to six and a half years in prison.
He has said that he is willing to serve his sentence only in Bosnia and Herzegovina while Zoran Mamić has said that he is ready to start serving his sentence as soon as possible.
The State Secretary at the Croatian Justice Ministry, Juro Martinović, said earlier that if Zdravko Mamić did not return to Croatia after his sentence became final and Bosnia and Herzegovina did not extradite him, the Justice Ministry could launch a procedure to have him serve his sentence in the neighbouring country.
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