On 24 May 2007, the Court of Bosnia and Herzegovina (BiH) refused a motion filed by the Prosecutor’s Office of BiH on 22 May 2007, seeking an order of custody against Miroslav Ćorić, Tomislav Martinović, and Dragan Brkić, who are suspected of the criminal offences of Abuse of office or official authority and Organised crime. The Suspects were released immediately in accordance with a Court order.

Dealing initially with the motion for custody on 23 May 2007, the preliminary proceeding judge refused the motion and forwarded it, in accordance with the legally prescribed procedure, to a Panel of judges for further consideration.

After examining the evidence, the Panel found that the motion for custody was unfounded.  The Panel could not establish the existence of a grounded suspicion that the suspects represented or were members of an organised criminal group.  However, it found that there was grounded suspicion that the Suspects committed the criminal offence of Abuse of office or official authority. 

Further, dealing with the additional conditions for an order of custody, the Court was of the view that there was no evidence that would support a conclusion that the Suspects will repeat the criminal offence, complete the criminal offence or commit a threatened criminal offence.  The Court also concluded that it could not be reasonably expected that the Suspect might influence witnesses in this case.