Identifier
Created
Classification
Origin
06SARAJEVO3060
2006-12-01 09:46:00
UNCLASSIFIED
Embassy Sarajevo
Cable title:
CORRECTED COPY: BOSNIAN RESPONSE CONCERNING
how-toVZCZCXYZ0001 OO RUEHWEB DE RUEHVJ #3060/01 3350946 ZNR UUUUU ZZH O 010946Z DEC 06 FM AMEMBASSY SARAJEVO TO SECSTATE WASHDC IMMEDIATE 4962
UNCLAS SARAJEVO 003060
SIPDIS
SIPDIS
L/LEI FOR GUILANI, GUTHRIE
E.O. 12958: N/A
TAGS: CJAN CVIS KCRM KJUS BK
SUBJECT: CORRECTED COPY: BOSNIAN RESPONSE CONCERNING
EXTRADITION OF OSMAN SABIC
REF: A. SARAJEVO 3057 B. STATE 189861
UNCLAS SARAJEVO 003060
SIPDIS
SIPDIS
L/LEI FOR GUILANI, GUTHRIE
E.O. 12958: N/A
TAGS: CJAN CVIS KCRM KJUS BK
SUBJECT: CORRECTED COPY: BOSNIAN RESPONSE CONCERNING
EXTRADITION OF OSMAN SABIC
REF: A. SARAJEVO 3057 B. STATE 189861
1. This message corrects an error in paragraph two of
Sarajevo 3057 that incorrectly identified the date of the
letter from Velika Kladusa Municipal Court. This message
supercedes Sarajevo 3057 (REF. A).
2. On November 29,2006, Post received an official response
concerning the Department's inquiry into whether Osman Sabic
would be able to appeal his 1999 conviction in absentia for
murder if extradicted to Bosnia and Herzegovina (BiH) (REF.
B). The Federation of Bosnia and Herzegovina (FBiH) Una Sana
Canton Velika Kladusa Municipal Court confirms that Sabic has
the right to lodge a request for extraordinary legal remedy
to pursue his case under the BiH Constitution, FBiH
Constitution, and the European Convention on Human Rights and
Fundamental Freedoms.
2. Below is an unofficial translation of the response
received via the BiH Ministry of Justice Assistant Minister
Nikola Sjadoje from the Velika Kladusa Municipal Court.
Copies of the original court letter, dated November 28, 2006,
and the unofficial translation provided by the Embassy have
been sent to L/LEI Guthrie via email.
BEGIN TEXT OF UNOFFICIAL TRANSLATION:
From:
Bosnia and Herzegovina
FBiH Bosnia and Herzegovina
Una-Sana Canton
Velika Kladusa Municipal Court
No: IKS: 2/2000
Velika Kladusa, November 28, 2006
To:
BiH Ministry of Justice
Sarajevo, Trg BiH
h/d to Nikola Sladoje, Assistant Minister
Subject: Osman Sabic, Extradition case
Re: Your letter No. 07-14-2505/04 from November 22, 2006
In response to your letter from November 22, 2006, I would
like to inform you that Osman Sabic had the opportunity to
make a plea, that is to present his defense in regard to
murder charges, during criminal procedures which took place
before the Bihac Cantonal Court (No. K-234/97). However, as
you can see from the files, Osman Sabic intentionally did not
use such opportunity, because he knew that he would be tried,
so he left BiH and went to the U.S. in May, 1997. This was
why, on December 16, 1998, Bihac Cantonal Court passed the
Decision to try the defendant in absentia.
Evidence: Letter from the Velika Kladusa Police Station, No.
05-9/01-118/98 (dated November 20, 1998) to Bihac Cantonal
Court.
Since Osman Sabic resided in the U.S. from May 1997, he did
not attend the hearing before the FBiH Supreme Court, which
took place on October 21, 1999 (case Kz-155/99),but his
attorney Suljo Delic from Bihac did attend.
Evidence: Copy of the report from the FBiH Supreme Court
session on October 21, 1999.
Guarantees that Osman Sabic would get a new trial, in the
event that he lodges the request for extraordinary legal
remedy, are present in the BiH Constitution, the FBiH
Constitution and the European Convention on Human Rights and
Fundamental Freedoms (which is being applied in BiH directly
and has priority over any other laws in BiH, including the
FBiH Criminal Procedure Code).
In connection with extradition expenses, I hereby inform you
that the Cantonal Ministry of Justice provided 9,000 KM for
extradition expenses, in accordance with the Una-Sana
Cantonal Government Decision, No. 03-017-860/2006-OC from
November 23, 2006. This Decision specifies that 4,000 KM will
be paid from the Una-Sana Government's budget and 5,000 KM
will be paid from the Una-Sana Ministry of Justice budget.
With respect,
President of the Court:
Milan Romanic
(Signature and official seal of the Velika Kladusa Municipal
Court, Una Sana Canton, Federation of Bosnia and Herzegovina)
END TEXT.
CEFKIN
SIPDIS
SIPDIS
L/LEI FOR GUILANI, GUTHRIE
E.O. 12958: N/A
TAGS: CJAN CVIS KCRM KJUS BK
SUBJECT: CORRECTED COPY: BOSNIAN RESPONSE CONCERNING
EXTRADITION OF OSMAN SABIC
REF: A. SARAJEVO 3057 B. STATE 189861
1. This message corrects an error in paragraph two of
Sarajevo 3057 that incorrectly identified the date of the
letter from Velika Kladusa Municipal Court. This message
supercedes Sarajevo 3057 (REF. A).
2. On November 29,2006, Post received an official response
concerning the Department's inquiry into whether Osman Sabic
would be able to appeal his 1999 conviction in absentia for
murder if extradicted to Bosnia and Herzegovina (BiH) (REF.
B). The Federation of Bosnia and Herzegovina (FBiH) Una Sana
Canton Velika Kladusa Municipal Court confirms that Sabic has
the right to lodge a request for extraordinary legal remedy
to pursue his case under the BiH Constitution, FBiH
Constitution, and the European Convention on Human Rights and
Fundamental Freedoms.
2. Below is an unofficial translation of the response
received via the BiH Ministry of Justice Assistant Minister
Nikola Sjadoje from the Velika Kladusa Municipal Court.
Copies of the original court letter, dated November 28, 2006,
and the unofficial translation provided by the Embassy have
been sent to L/LEI Guthrie via email.
BEGIN TEXT OF UNOFFICIAL TRANSLATION:
From:
Bosnia and Herzegovina
FBiH Bosnia and Herzegovina
Una-Sana Canton
Velika Kladusa Municipal Court
No: IKS: 2/2000
Velika Kladusa, November 28, 2006
To:
BiH Ministry of Justice
Sarajevo, Trg BiH
h/d to Nikola Sladoje, Assistant Minister
Subject: Osman Sabic, Extradition case
Re: Your letter No. 07-14-2505/04 from November 22, 2006
In response to your letter from November 22, 2006, I would
like to inform you that Osman Sabic had the opportunity to
make a plea, that is to present his defense in regard to
murder charges, during criminal procedures which took place
before the Bihac Cantonal Court (No. K-234/97). However, as
you can see from the files, Osman Sabic intentionally did not
use such opportunity, because he knew that he would be tried,
so he left BiH and went to the U.S. in May, 1997. This was
why, on December 16, 1998, Bihac Cantonal Court passed the
Decision to try the defendant in absentia.
Evidence: Letter from the Velika Kladusa Police Station, No.
05-9/01-118/98 (dated November 20, 1998) to Bihac Cantonal
Court.
Since Osman Sabic resided in the U.S. from May 1997, he did
not attend the hearing before the FBiH Supreme Court, which
took place on October 21, 1999 (case Kz-155/99),but his
attorney Suljo Delic from Bihac did attend.
Evidence: Copy of the report from the FBiH Supreme Court
session on October 21, 1999.
Guarantees that Osman Sabic would get a new trial, in the
event that he lodges the request for extraordinary legal
remedy, are present in the BiH Constitution, the FBiH
Constitution and the European Convention on Human Rights and
Fundamental Freedoms (which is being applied in BiH directly
and has priority over any other laws in BiH, including the
FBiH Criminal Procedure Code).
In connection with extradition expenses, I hereby inform you
that the Cantonal Ministry of Justice provided 9,000 KM for
extradition expenses, in accordance with the Una-Sana
Cantonal Government Decision, No. 03-017-860/2006-OC from
November 23, 2006. This Decision specifies that 4,000 KM will
be paid from the Una-Sana Government's budget and 5,000 KM
will be paid from the Una-Sana Ministry of Justice budget.
With respect,
President of the Court:
Milan Romanic
(Signature and official seal of the Velika Kladusa Municipal
Court, Una Sana Canton, Federation of Bosnia and Herzegovina)
END TEXT.
CEFKIN