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					SUD BOSNE I HERCEGOVINE                                     СУД БОСНЕ И ХЕРЦЕГОВИНЕ

Number: X-K/07/391-2
Sarajevo, 18 February 2008


             IN THE NAME OF BOSNIA AND HERZEGOVINA!


The Court of Bosnia and Herzegovina, in the Panel of judges presided by
Judge Tankić Izo and the Panel members, Mehmed Šator and Darko
Samardžić, with legal officer Sedin Idrizović participating as the record-taker,
in the criminal case against the accused Firat Šinasi et al., for the criminal
offence of Organized Crime in violation of Article 250(2) in conjunction with
the criminal offence of Smuggling Persons in violation of Article 189(1), all in
conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina
(hereinafter referred to as the CC BiH), pursuant to the Indictment of the
Prosecutor’s Office of BiH Number KT-244/07 of 19 November 2007,
following the sentencing hearing held upon the Plea Agreement, in the
presence of the Prosecutor of the Prosecutor’s Office of Bosnia and
Herzegovina, Jasmina Gafić, and the accused Firat Šinasi and his Defence
Counsel, attorney Izet Baždarević from Sarajevo, the accused Muhedin
Kurtović and his Defence Counsel, attorney Muhidin Kapo from Sarajevo, and
the accused Sőzen Ercan and his Defence Counsel, attorney Goran Gerin from
Sarajevo, on 18 February 2008 rendered and publicly pronounced the
following

                                         VERDICT


    1. ACCUSED FIRAT ŠINASI aka Tefik, Debeli, son of Abdulah and
       Aydin nee Asiye, born on 26 September 1964 in the place of Varto-
       Yedikavat, Turkey, completed secondary education, textile trader by
       occupation, in a common-law marriage, father of one minor child,
       citizen of the Republic of Turkey, ethnic Turk, holder of the travel
       document - passport of the Republic of Turkey Number: TR-K 381774,
       with temporary residence approved on the grounds of an issued work
       permit for the position of director in the Diyal-Tekst doo Company in
       Srebrenik, the latest registration of residence made on 12 April 2007,
       Personal Identification Number 31313203758,

    2. ACCUSED MUHEDIN KURTOVIĆ aka Dinko, Muha and Kum,
       son of Mahmut and Nusreta nee Šabanović, born on 5 June 1967 in the
       place of Sugubine, Sjenica, Serbia, permanent residence in Sarajevo, the
       Municipality of Novo Sarajevo, Olovska Street, number 94-b and Isaka
Kraljice Jelene br. 88, 71 000 Sarajevo, Bosna i Hercegovina, Tel: 033 707 100, Faks: 033 707 225
Краљице Јелене бр. 88, 71 000 Сарајево, Босна и Херцеговина, Тел: 033 707 100, Факс: 033 707 225
      Samokovlije Street, Number 123, married, father of two children, citizen
      of BiH and the Republic of Serbia, construction worker by occupation,
      unemployed, Bosniak by ethnicity, citizen of BiH, Personal
      Identification Number 0506967784517,

   3. ACCUSED SŐZEN ERCAN, son of Mensur and Cevada nee Ozen,
      born on 10 October 1977 in the place of Fatcca – Ordu, the Republic of
      Turkey, residing in Istanbul, Municipality of Fatih, B.S. in Information
      Technology - programmer by occupation, unmarried, employed in a
      private company, ethnic Turk, citizen of the Republic of Turkey, travel
      document number TR-TN-456145, Personal Identification Number
      24794444772


                                  ARE GUILTY

Of the following:

During the period between 2003 and 2007, as members of an organized
criminal group in terms of Article 1 (18) and (19) of the BiH CC, in the
territory of BiH, linking with the other organized criminal groups in the
countries of the region which operated in the territory of Turkey, Macedonia,
Serbia, Montenegro, Croatia, Slovenia, in order to achieve their common goal
of facilitating illegal state border crossing and smuggling of persons, citizens
of the Republic of Turkey, who did not meet the requirements for a legal entry
and legal stay in BiH, as stipulated in Article 8 of the Law on Supervision and
Control of the Crossing of the State Border, and Articles 10 and 54 of the Law
on Movement and Stay of Aliens and Asylum, from the Republic of Turkey,
the Republic of Macedonia, across the territory of BiH to the Republic of
Croatia, with the aim of further transferring illegal immigrants to the countries
of Western Europe for the purpose of acquiring material gain of the
unspecified amount (ranging from Euro 3,000 to 4,000 per person). For the
arrival and bringing of illegal immigrants from Turkey to BiH, they organized
and arranged purported visits based on letters of invitation from BiH citizens,
tourist visits through tourist agencies, visits to fairs, cultural and sports events,
business visits based on letters of invitation of companies from BiH, in order
to enable foreigners, mainly Turks, but also nationals of other countries, to
enter BiH for the purpose of their further illegal transfer and continuation of
the journey to the countries of Western Europe, mainly Italy and France. In
doing so, for the entry of illegal immigrants into BiH, they used legal
international land border crossings, as well as the international border crossing
at the Sarajevo Airport. Upon the entry of illegal immigrants into BiH, they
would further give instructions for the reception of Turkish citizens in the

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territory of BiH, and then, they would give instructions for their transport and
accommodation in the neighbouring countries, for the preparation of
documents, guarantees, return air tickets, bookings, vouchers of the paid
accommodation via tourist agencies, for providing visas, etc. They obtained
transit visas of the neighbouring countries even in cases when they did not
need those visas; thus they obtained visas, for instance, for the Republic of
Serbia in order to deceive people into thinking that the immigrants were
travelling to the Republic of Serbia. However, on their entry into the Republic
of Croatia they would change the direction of their travel and would start
heading towards their actual aim – the Republic of Slovenia and further on.
Besides, in order to provide documentation that would remove any suspicion
and by which the actual aim of their entry and stay in BiH would be concealed,
they ensured that stamps of border crossings be put on the travel documents of
the migrants and provided other documents for illegal immigrants.


After finalizing the organized reception of the illegal immigrants in the
territory of BiH, they would transport them, in which process they also hired
other persons who were not members of this criminal organization, such as
taxi drivers and other transporters, and would also accommodate them at the
previously prepared and arranged locations: hotels, boarding houses,
restaurants and private houses. In order to conceal the contacts made and
locations of the stay, they transported the illegal immigrants in an organized
manner and relocated them to some new locations and lodgings for the night
with the aim of evading the control of those foreigners' stay in BiH. Thereafter,
using international border crossings, Turkish citizens exited from BiH in the
previously prepared and already described manner. In case they would not
manage to exit from BiH in this way, the crossing of the State border was
organized at places other than those designated as the State border crossing,
the so-called illegal crossings of the State border, or they exited from BiH
otherwise, in an undetermined way, so that

The accused Firat Šinasi alone,

   1) During a longer period of time between 2003 and 2007, he got in touch
      and arranged with other persons known to him from the Republic of
      Turkey, Republic of Macedonia, Republic of Serbia, Republic of Croatia
      and BiH to engage in an organized manner in illegal transfer of foreign
      nationals, acting together, by jointly arranged and coordinated actions,
      across the area covering a number of countries from the Republic of
      Turkey, via the Republic of Macedonia, the Republic of Serbia, BiH via
      the Republic of Croatia to the countries of the European Union in order


                                                                               3
      to acquire financial gain. Thus, during this time period, he acted as a
      “head“ or „leader“ for the Tuzla area in BiH in organizing the
      smuggling of Turkish citizens, most often by co-operating with Sőzen
      Ercan, Muhedin Kurtović, a certain Midhatt Bašić and Ahmet Cikla and
      with other persons whom he hired and who, under his organization and
      command, acting jointly and in coordination, smuggled during the
      relevant time period a large number of Turkish citizens charging them
      Euro 3,000 – 4,000 each for the service. Thus, only through the Western
      Union system, he received 38 payments mainly from Turkish citizens
      who, either personally or through a middle man, sent him money for the
      illegal transfer, that is, departure to the countries of Western Europe. In
      this process, they sent money to him either from the country as point of
      departure - the Republic of Turkey, the Republic of Macedonia, Kosovo
      or from the destination countries - France, Germany, that is, after their
      arrival in one of the countries of Western Europe. With the money
      received, he would pay the hired accomplices, as well as the
      accommodation and other expenses of the travel of illegal immigrants to
      the final destinations, that is, some of the countries of Western Europe,
      which he mainly carried out directly by a cash handover, and in some
      cases, he did that through the Western Union system, when accomplices
      and accessories were in other countries, such as the Republic of
      Slovenia, France, the Republic of Turkey, the Republic of Croatia, and
      the like. In that way, he acquired a substantial financial gain for himself
      and for his organized international criminal group.


The accused Muhedin Kurtović alone,
2) After Muhedin Kurtović had during a longer period of time coordinated and
arranged with persons from the Republic of Serbia, the Republic of Croatia,
the Republic of Macedonia and BiH, known to him, for the purpose of
acquiring financial gain, acting together, by jointly arranged and coordinated
actions, in order to be engaged in an illegal transfer of foreign citizens, that is,
in smuggling of people, in the territory of a number of countries from the
Republic of Turkey via the Republic of Macedonia, the Republic of Serbia,
and the territory of BiH, or from BiH via the Republic of Croatia and the
Republic of Slovenia to the countries of the European Union; during the time
period between 2 December 2006 and 1 March 2007, acting in an organized
criminal group and under a previous arrangement with members of the same
group: Vesel Jakupi, Ramadan Redžepi, Ahmet Cikla and Fazli Naim and the
others from the Republic of Serbia, with roles and assignments previously
specified, he smuggled in total 23 foreign nationals of Turkish and Albanian
nationality, enabling their illegal crossing of the State border, transit and stay


                                                                                  4
in BiH for them, on which occasion he charged Euro 2,100 each illegal
immigrant for the “round“ from Sarajevo to Italy, whereas from Sarajevo to
Graz, Austria, he charged each person Euro 1,500, and on that ground he
acquired financial gain for himself and for the accomplices as follows:
   - On 2 December 2006, after Jakupi Vesel had contacted Ramadan
Redžepi in relation to the transfer of 4 persons who had forged visas in their
passports, it was arranged that those illegal migrants leave for Bosnia where
Muhedin Kurtović would take them over, in which process Ramadan Redžepi
established an intensive communication with Muhedin Kurtović on 2
December, 3 December and 4 December 2006, under whose instructions on 3
December 2006 Ramadan stayed in one hotel in Šabac with 4 Turkish citizens
whom he drove afterwards to Mali Zvornik and handed them over to an
unidentified person who further transferred them to Sarajevo, when Muhedin
Kurtović took them over, and then transferred them to Zagreb, Croatia, for the
amount of Euro 400 per person.
   - On 11 January 2007, again under the previous arrangement with Redžepi
Ramadan, for the purpose of the illegal transfer of 4 Turkish citizens, after
Redžepi had accommodated those illegal immigrants in the El Sara hotel in
Priština, Muhedin Kurtović further organized their transfer to the territory of
BiH. On 13 January 2007, those persons were found and apprehended by the
BiH police in the vicinity of Zvornik. Those persons were Aldemir Behlul,
born on 18 February 1980 in Turkey, Fatih Yalcin, born on 7 April 1988 in
Turkey, Incik Veli, born on 1 May 1972 in Turkey, and Ismail Meric, born on
1 January 1963. They were then tried for the minor offence referred to in
Article 10(2) the Law on Movement and Stay of Aliens and Asylum and
eventually returned to their native country.
- On 6 February 2007, under the previous arrangement with Ramadan Redžepi
aka Ramo and Vesel Jakupi, he arranged the illegal transfer of 2 Turkish
citizens from Belgrade to Mali Zvornik by a bus of the Duga Šabac Company
which travelled on the Belgrade-Ljubovija line, departing from Belgrade at
15.30 hours. Such arrangement was finalized by Ramadan Redžepi who, on
the said date, boarded the Turkish citizens on the bus for Zvornik under the
instructions by Muhedin Kurtović. When those Turkish immigrants arrived in
Zvornik late in the evening, unknown persons received them under the
instructions of Redžepi and Kurtović. They thus enabled those illegal
immigrants to illegally cross the State border between BiH and the Republic of
Serbia for the purpose of their further transfer to the EU countries.
- On 1 March 2007, after Naim Fazli had contacted Ramadan Redžepi from the
territory of the Republic of Macedonia in connection with the illegal transfer
of 3 Turkish citizens from the Republic of Macedonia to BiH, on the same day
upon the arrangement they were accommodated in the Inter Evropa hotel in


                                                                             5
Gnjilane. On 2 March 2007, Selman Sabiti, together with Ramadan Redžepi,
organized the reception of the illegal immigrants from Gnjilane, from where he
received 3 more illegal immigrants of Albanian nationality and organized their
further transport to Bujanovac where, with the help of person by the name of
Nazija they were received by Muhamed Fejzuli, aka Meti who, for the purpose
of their further illegal transport to Belgrade, and/or Smederevo handed the
persons over to a person by the name of Ljubo who, in turn, handed them over
to Zoran Dodić. Having received the persons on the Bujanovac-Preševo road,
Zoran Dodić made possible their illegal transit from the road to Smederevo
where they were taken over by Zoran who drove them to Pančevo. Under the
previous arrangement with Muhedin Kurtović and Ramadan Redžepi, he
handed the illegal immigrants over to a person of Albanian nationality
nicknamed Murat or Muja who used the number 062 198-2423 and who
afterwards sent those three illegal immigrants by a freight train running on the
route from Pančevo to Slovenia and Italy. Thus, they organized and enabled
the illegal crossing of the State border between BiH and the Republic of
Croatia and the Republic of Slovenia.


   The accused Sőzen Ercan, Firat Šinasi and Muhedin Kurtović, jointly

3) During the period from the beginning of 2006 to date, after Sőzen Ercan
had got in touch and agreed with persons from BiH, the Republic of Serbia, the
Republic of Croatia and the Republic of Macedonia, known to him, for the
purpose of acquiring financial gain, acting together and by jointly arranged and
coordinated actions, to engage in an organized manner in an illegal transfer of
foreign citizens, that is, in the smuggling of people, across the territory of a
number of countries from the Republic of Turkey via the Republic of
Macedonia, the Republic of Serbia, and the territory of BiH, or from BiH via
the Republic of Croatia and the Republic of Slovenia into the countries of the
European Union; thus, acting in an organized criminal group, and under the
previous arrangement with the person by the name of Tefik (Firat Šinasi), as
the ordering party, he undertook to provide him with a certain number of
invitation letters and other necessary documents for the entry of Turkish
citizens into BiH for a certain financial compensation, taking advantage of his
knowledge of English and the fact that he was a computer programmer by
occupation, B.S. in Information Technology and also using his business
connections and various sports and cultural events. In that process, he charged
each illegal immigrant Euro 500 for such service. Thus, on 28 May 2007 he
came to Sarajevo, together with Firat Šinasi, where they met Muhedin
Kurtović in the house owned by Faruk Hebib and arranged the illegal transfer
of 6 Turkish citizens who had already arrived in Sarajevo, taking advantage of


                                                                              6
a football match between BiH and the Republic of Turkey. Firat Šinasi bought
6 tickets for them in order to demonstrate that they arrived in BiH as fans.
Thereupon, they planned to transfer them into the countries of Western Europe
after the match. In the that meeting, they arranged that, in addition to the
referenced 6 Turkish citizens, they organize the transfer of at least 190 more
persons – Turkish citizens interested in the departure for the countries of
Western Europe – who could come to Sarajevo allegedly as fans to watch the
forthcoming match, and then obtain for them other necessary documents.
Thereafter, Sőzen Ercan was supposed to forward those documents to Turkey,
the Turkish immigrants were supposed to use those documents for a legal entry
into BiH. Thereafter, Firat Šinasi aka Tefik or a person hired by him was
supposed to take over those migrants upon their arrival in BiH, and after that
Tefik and Muhedin Kurtović were supposed organize their transfer to some of
the countries of the European Union. However, they were prevented from
doing so, because Muhedin Kurtović and Sőzen Ercan were arrested on that
date by the Border Police, whereas Firat Šinasi and the Turkish citizens took
flight upon the arrival of the police.


The accused Firat Šinasi and Muhedin Kurtović - jointly,


4) On 8 September 2006 and on 10 September 2006, they participated in the
organized arrival, reception and in the organized smuggling of the following
four Turkish citizens - illegal immigrants at the Sarajevo Airport: Kadir
Canapurnar, born on 11 October 1979, and Mehmet Kahriman, born on 17
September 1983, who entered BiH at the international border crossing of the
Sarajevo Airport on 8 September 2006, as well as Dursun Ciftci, born on 2
November 1980, and Nurettin Bulus, born on 25 October 1981, who entered
BiH at the international border crossing of the Sarajevo Airport on 10
September 2006. Thereafter, a person known to them sent Haris, Muha, Orhan
and another unknown person from Ilidža to pick up those Turkish citizens.
Haris Dacić came to meet the persons at the Airport. Then, they drove them to
the Tursko-Sandžački klub Restaurant in Ilidža, and after the reception and
accommodation of those illegal immigrants they obtained visas of the Republic
of Serbia and other documents, and then on 13 September 2006, the person
known to them organized further transport of those persons, hiring (Rijad
Hujić refused) Armin Biber as a driver of Skoda Octavia 788-J-015 for the
amount of Euro 200, using the B.Brod international border crossing. While
crossing the State border between BiH and the Republic of Croatia, the visas
of the Republic of Serbia and other documents were used. Belgrade was
falsely stated as the destination of the trip. After the crossing of the border,
under the plan the direction of the trip was changed and the hand-over of the


                                                                              7
persons was carried out in the area of the city of Zagreb for the purpose of the
continuation of their illegal trip towards the countries of Western Europe. All
of that was supervised by Muhedin Kurtović and a person known to him
during the entire trip.


The accused Firat Šinasi, Muhedin Kurtović and Sőzen Ercan jointly,

5) On unspecified dates during the period between 2004 and 2007, Firat Šinasi
and Muhedin Kurtović with a certain Bašić Midhat, after Sőzen Ercan had
performed a series of preparatory actions, organized the smuggling of around
60 Turkish citizens who entered the country of BiH in an undetermined
manner. In this organization of the illegal travel to the countries of Western
Europe, they accommodated those Turkish citizens to spend the night in the
Lodging place Keni, owned by Bibuljica Šefćet, located in the area of Mosnik
settlement, the Tuzla Municipality. Following the reception and
accommodation in that lodging, hiring a large number of drivers, they
transferred those illegal immigrants in an organized manner to the Republic of
Croatia, to the places of handover agreed upon, where they were mainly taken
over by a certain Islam Sinani. He further transferred them illegally to the
countries of Western Europe. Thus, according to the controls conducted, they
organized the following transits and handover of persons in the territory of
BiH and the Republic of Croatia:
- On 24 September 2005, at 7.30 hours, they organized the transport of the
following two persons, Turkish citizens: Davut Saricicek, born on 20 May
1982, and Harun Saricicek, born on 18 April 1981. They were led by Midhat
Bašić as a tour guide. Adnan Hadžić was hired as a driver of the BMW
passenger's motor vehicle, licence plate numbers 665-T-555. A border
inspection was conducted at the Orašje international border crossing, on which
occasion Midhat Bašić said to the police officer Dalibor Čajić that the Turkish
citizens were travelling with him to Belgrade for a business meeting. Because
there existed a suspicion about the transfer of illegal immigrants on their
journey to the countries of Western Europe, for the purpose of recording the
inspection, the police officer Dalibor Čajić made an official note of
observation.
- On 25 September 2005, at around 07.25 hours, at the Orašje international
border crossing, after they had organized the illegal departure for the countries
of Western Europe of the following 2 Turkish citizens: Metin Dare, born on 1
January 1969, registered at the entry into BiH at the Sarajevo Airport on 18
September 2005, and Mustafa Kacadag (Kacadoš), born on 1 April 1989, they
organized the transport of those persons for the amount of Euro 3,000 each, by
the BMW passenger motor vehicle, licence plate number 665 T 555, driven by


                                                                               8
the Midhat Bašić. While exiting from BiH a border inspection of the vehicle
was conducted, on which occasion Amer Hadžić was found as a co-driver. On
27 September 2005, those Turkish citizens, that is, Metin Dare and Mustafa
Kacadag (Kacadoš), as well as Davut Saricicek and Harun Saricicek were
caught by the police of the Republic of Slovenia, and on 29 September 2005
they were returned to Turkey through the Brnik Airport.
 - On 25 September 2005, they organized an illegal transfer of persons, the
following Turkish citizens: Ali Dagdeviren and Selman Tazgahtmir who were
transported over the Orašje international border crossing (exit from BiH) by
Emir Fejzić as a driver in the vehicle of Ford Escort make, licence plate
numbers 559-J-742, owned by Enes Hodžić. For the further transport and
crossing the Republic of Slovenia, Šaban Aslan was hired as a driver, with his
motor vehicle of BMW 520 i make, with Dutch licence plate numbers XZ-49-
KJ, who was subjected to inspection by the Postojna Police Station on 28
September 2005, and on which occasion it was found that he was transporting
4 illegal immigrants, Turkish citizens, among whom Ali Dagdeviren.


- On 30 September 2005, they organized the transport of illegal immigrants,
the following Turkish citizens:
- Sener Guzelyildiz, born on 19 July 1973 in the place of Malazgirt, the
Republic of Turkey. By the control of the travel document number TRO-
920922 it was found that he had entered BiH at the international border
crossing of the Sarajevo Airport on 18 September 2005, with the residence
report dated 24 September 2005 certified with a seal of the catering
establishment – Rooms-To-Let – Keni, owned by Šefčet Bibuljica; then,
- Dogan Umit, Turkey, document number 05/206554/2005, residence report
dated 24 September 2005, certified with a seal of the DOO Nargalić Komerc,
Tuzla, PJ Rooms-To-Let Pansion. He entered BiH at the international border
crossing at the Sarajevo Airport on 23 September 2005;
- Tezgahtar Malazgiri, born on 19 July 1973, Turkey, Passport Number
46/52473/2005, date of the residence report 23 September 2005, certified with
a seal of the DOO Nargalić Komerc, Tuzla, PJ Rooms-To-Let Pansion,
Business Card of the Kiziroglu DOO for trade and services Tuzla, owner
Turgut Yavuz, Hadžibakirbega Tuzlića Street, number 2, 75000 Tuzla,
telephone number 0038761-814-397, Store: 061-687-912.
They were transported by a driver Emir Fejzić in the passenger motor vehicle
of the Ford Escort make, licence plate numbers 559-J-742, owned by Enes
Hodžić.




                                                                            9
Upon inspection, only one illegal immigrant by the name of Sener Guzelyildiz
was found in the vehicle. The driver Fejzić voluntarily handed over documents
of the other Turkish citizens to a police officer, stating that they had been
forgotten in the vehicle by passengers - Turkish citizens. On 11 October 2005,
the following illegal immigrants – Turkish citizens - were arrested by the
Police Station Ljubljana Moste Polje:
Guzalyildiz Sener, born on 19 July 1973 in the place of Malazggirt, Turkey,
who stated that he had paid Euro 4,000 for the illegal transfer from Istanbul to
France. Besides him, the following persons were arrested:

Ates Ziya, born on 20 March 1984 in the place of Diyarbakir,

Tokmak Kenan, born on 1 March 1979 in the place of Evgani,

Ahmet Ayaz, born on 5 March 1983 in the place of Malatya,

with the note that Guzalyildiz Sener wilfully left the Asylum Center in
Ljubljana on 21 October 2005 and went in an unknown direction.


- On 28 September 2005, the Police Station Postojna carried out an inspection
of the passenger's motor vehicle of the BMW 520 make, Dutch licence plate
numbers XZ-49-KJ, which was driven by Šaban Aslan, born on 9 June 1979,
residing in Eikenstr Street, number 38, Venelo, The Netherlands, Turkish
citizen. He was transporting four Turkish citizens who had illegally entered the
Republic of Slovenia. The following illegal migrants, the Turkish citizens,
were arrested;
Dogan Umit, born on 1 June 1975, ID Number 592380 (his residence report
was found in the vehicle of Fejzić Emir - control 4).
Esref Demirden, born on 1 March 1978, ID Number 81898; it was found by
inspection that on 16 September 2005 he entered BiH at the international
border crossing of the Sarajevo Airport.
Ayhan Koksal, born on 11 August 1981, ID Number 119382, it was found by
inspections that on 16 September 2005 he entered BiH at the international
border crossing of the Sarajevo Airport,
Ali Dagdeviren, born on 10 June 1986, ID Number 28968, it was found by
inspections that on 23 September 2005 he entered BiH at the international
border crossing of the Airport Sarajevo.
On 6 October 2005, they left the Asylum Center in Ljubljana and went in an
unknown direction.



                                                                             10
- On 28 April 2005, they organized the transport of one person – the Turkish
citizen by the name of Kartal Hasan, born on 3 December 1968, travel
document 787509. As a driver, Amer Hadžić was hired with the passenger's
motor vehicle BMW, licence plate numbers 665 T 555. That was noted during
the control at the Šamac international border crossing at around 20.50 hours
while exiting from BiH and heading towards the Republic of Croatia.
 - On 28 August 2005, they organized the transport of one person – Turkish
citizen by the name of Nihad Center, son of Ahmed, born on 13 June 1971 in
the place of Elazig, holder of the Turkish travel document number 066477.
Midhat Bašić was hired as a tour guide and Emir Fejzić as a driver with the
passenger motor vehicle Ford Escort, licence plate number 559-J-742, owned
by Enes Hodžić. That was noted during the inspection at the Orašje
international border crossing at around 19.00 hours while their exiting from
BiH and heading towards the Republic of Croatia.
- On 4 September 2005, they organized the transport of one person – the
Turkish citizen by the name of Fehim Cakmak, born on 11 October 1983.
Midhat Bašić was hired as a tour guide and Emir Fejzić as a driver with the
passenger motor vehicle Ford Escort, licence plate number 559-J-742, owned
by Enes Hodžić. That was noted during the inspection at the Orašje
international border crossing at around 10.30 hours while exiting from BiH
and heading towards the Republic of Croatia.
- On 27 October 2005, they organized the transport of two persons – the
Turkish citizens by the names of Ercan Kahraman, born on 15 August 1985, in
the place of Adiyaman, and Imam Gunes, born on 25 May 2005 in the place of
Adiyaman. It was found by inspection that on 24 October 2005 they entered
BiH by using the international border crossing at the Sarajevo Airport. Midhat
Bašić was hired as a tour guide. Emir Fejzić, as a driver, was hired with the
passenger motor vehicle BMW, licence plate numbers 665 T 555, which was
driven by the other driver Amer Hadžić. That was noted during the inspection
at the Orašje international border crossing at around 07.30 hours during their
exiting from BiH and heading towards the Republic of Croatia.
- On 14 December 2005, they organized the transport of two persons – the
Turkish citizens by the names of Kurumaz Orhan and Murat Mehmet Nuri.
Kurumaz Orhan was born on 25 October 1976 in the place of Musaybin. It was
found by inspection that on 8 December 2005 he entered BiH by using the
international border crossing at the Banja Luka Airport. Murat Mehmet Nuri
was born on 21 October 1983 in the place of Eleskirt. Midhat Bašić was hired
as a tour guide, whereas Ratko Nikolić, as a driver, was hired with his Opel
Cadet vehicle, licence plate numbers 401- E- 796. That was noted during the
inspection at the Orašje international border crossing at around 07.15 hours
during their exiting from BiH and heading towards the Republic of Croatia.


                                                                           11
During the control of their exiting from BiH, they said to a police officer that
they were travelling to Belgrade and Serbia. During the control of their entry
into the Republic of Croatia, at the Županja international border crossing, they
stated that they were travelling to Zagreb, so that their entry into the Republic
of Croatia was refused and they were returned to BiH.
- On 9 March 2005, they organized the transport of one person – the Turkish
citizen by the name of Ibrahim Ozer, born on 1 January 1971 in the place of
Sogun. Midhat Bašić was hired as a driver of the vehicle with licence plate
numbers 506-M-578. That was noted during the inspection at the Orašje
international border crossing at around 19.00 hours on their entry into BiH.
It was found upon inspection that the Turkish citizen was giving false
information about his entry into BiH.
- On 16 March 2005, they organized the transport of one person – the Turkish
citizen by the name of Korkmaz Bilal Bilem, born on 26 February 1982 in the
place of Tunceli. Alma Bašić (Midhat Bašić's wife), as a driver, was hired with
the passenger motor vehicle, licence plate numbers 506- M- 578. That was
noted during the inspection at the Orašje international border crossing at
around 07.00 hours while their exiting from BiH.
Besides her, this Turkish citizen was in the vehicle as a fellow-traveller.
- On 10 April 2005, they organized the transport of one person – the Turkish
citizen by the name of Tunahan Cakmak, born on 10 November 1970 in the
place of Kelkit. Midhat Bašić was hired as a driver with the passenger motor
vehicle, licence plate numbers 506- M- 578. That was noted during the
inspection at the Orašje international border crossing at around 23.50 hours on
their entry into BiH.
Upon inspection it was found that the Turkish citizen was giving false
information about his right to enter BiH.


- On 26 April 2005, they organized the transport of one person – the Turkish
citizen by the name of Tekin Cemil, born on 3 April 1966 in the place of
Kaynarca. Midhat Bašićwas hired as a driver, with the passenger vehicle
licence plate numbers 506-M-578. That was noted during the inspection at the
Orašje international border crossing at around 16.30 hours on their exit from
BiH.
- On 26 November 2005, they organized the transport of one person – the
Turkish citizen by the name of Nesip Aydinkaya, born on 1 January 1982 in
the place of Kaynarca Vrato. Emir Fejzić, as a driver, was hired with the
passenger vehicle Ford Escort, licence plate numbers 745- K- 366. That was



                                                                              12
noted during the inspection at the Orašje international border crossing at
around 13.30 hours on their exit from BiH.

Therefore,

The accused Firat Šinasi, Muhedin Kurtović and Sőzen Ercan, as members of a
criminal group, committed the criminal offence prescribed by the BiH law
under which the sentence of imprisonment for a term of 3 (three) years or a
more severe sentence can be imposed, and out of gain they transported across
the state border a number of persons who did not satisfy requirements for legal
entry across the state border or facilitated others to illegally cross the border,

Whereby:

The accused Firat Šinasi, with the actions described in sections 1, 3, 4 and 5,
the accused Muhedin Kurtović, with the actions described in sections 2, 3, 4
and 5, and the accused Sőzen Ercan, with the actions described in sections 3
and 5, committed the criminal offence of Organised Crime in violation of
Article 250(2) in conjunction with the criminal offence of Smuggling of
Persons in violation of Article 189(1), all in conjunction with Article 29 of the
BiH CC,

Therefore the Court, in application of the referenced legal regulations, and
pursuant to Articles 39, 41, 42, 46, 48 and 49 of the BiH CC:

                              SENTENCES

The accused Firat Šinasi, for the criminal offence of Organized Crime in
violation of Article 250(2) in conjunction with the criminal offence of
Smuggling of Persons in violation of Article 189(1), all in conjunction with
Article 29 of the BiH CC,



      TO IMPRISONMENT FOR A TERM OF 3 (THREE) YEARS

The Court also imposes on him, as an accessory punishment, a fine in the
amount of KM 10,000.00 (ten thousand) which the accused Firat Šinasi
shall be bound to pay within 10 months as of the day the Verdict becomes
final.




                                                                               13
Pursuant to Article 56 of the BiH CC, the time spent in custody, starting on 1
June 2006 onwards shall be credited towards the sentence of imprisonment of
the accused Firat Šinasi.

Pursuant to Article 47 of the BiH CC, if the fine is not paid within the period
determined in the verdict, the court shall, without delay, substitute the fine by
imprisonment, and shall do that in such a way that each 50.00 KM started shall
be substituted by one day of imprisonment.
Pursuant to Article 74(1) of the BiH CC, 5 mobile telephones of Nokia make,
models 6100, 1112, 1110, 2310, 6230, 6 SIM cards, 9 certificates of SIM and
ULTRA cards, 1 benefit card, 7 tickets for BiH-Turkey football match, pieces
of paper with notes of telephone numbers, starting from 1 to 9 shall be
forfeited from the accused Firat Šinasi.


                              SENTENCES

The accused Muhedin Kurtović, for the criminal offence of Organized Crime
in violation of Article 250(2) in conjunction with the criminal offence of
Smuggling of Persons in violation of Article 189(1), all in conjunction with
Article 29 of the BiH CC,

TO IMPRISONMENT FOR A TERM OF 2 (TWO) YEARS
AND 6 (SIX) MONTHS
The Court also imposes on him, as accessory punishment, a fine in the
amount of KM 10,000.00 (ten thousand) which the accused Kurtović
Muhedin shall be bound to pay within ten months as of the day the
Verdict becomes final.

Pursuant to Article 56 of the BiH CC, the time spent in custody, starting on 28
May 2007 onwards shall be credited towards the sentence of imprisonment of
the accused Kurtović Muhedin.

Pursuant to Article 47 of the BiH CC, if the fine is not paid within the period
determined in the verdict, the court shall, without delay, substitute the fine by
imprisonment, and shall do that in such a way that each 50.00 KM started shall
be substituted by one day of imprisonment.

Pursuant to Article 74(1) of the BiH CC, 4 mobile telephones of Nokia make,
7 SIM cards, 9 ULTRA certificates, pieces of paper with notes of telephone
numbers written, a letter of guarantee from Dževad Gluščević and two travel



                                                                              14
documents numbers 1684120 and 3576146 shall be forfeited from the accused
Kurtović Muhedin.


                              SENTENCES

The accused Sőzen Ercan, for the criminal offence of Organized Crime in
violation of Article 250(2) in conjunction with the criminal offence of
Smuggling of Persons in violation of Article 189(1), all in conjunction with
Article 29 of the BiH CC,

TO IMPRISONMENT FOR A TERM OF 2 (TWO) YEARS

The Court also imposes on him, as accessory punishment, a fine in the
amount of KM 10,000.00 (ten thousand) which the accused Sőzen Ercan
shall be bound to pay within ten months as of the day the Verdict becomes
final.

Pursuant to Article 56 of the BiH CC, the time spent in custody, starting on 28
May 2007 onwards shall be credited towards the sentence of imprisonment of
the accused Sőzen Ercan.

Pursuant to Article 47 of the BiH CC, if the fine is not paid within the period
determined in the verdict, the court shall, without delay, substitute the fine by
imprisonment, and shall do that in such a way that each 50 KM started shall be
substituted by one day of imprisonment.

Pursuant to Article 74(1) of the BiH CC, 2 mobile telephones of Nokia 1100
and Nokia 3230 make with memory cards shall be forfeited from the accused
Sőzen Ercan.


.
Pursuant to Article 188(1) of the BiH CPC, the accused Firat Šinasi, Muhedin
Kurtović and Sőzen Ercan shall reimburse the costs of criminal proceedings,
the amount of which shall be specified by a separate decision of the Court.


                                Reasoning




                                                                              15
The Indictment of the Prosecutor’s Office of BiH No. KT-244/07 dated 19
November 2007, which was confirmed on 23 November 2007, charged the
accused Firat Šinasi, Ereren Savas, Muhedin Kurtović and Sőzen Ercan with a
criminal offence of Organized Crime in violation of Article 250(2) in
conjunction with a criminal offence of Smuggling of Persons in violation of
Article 189(1), all in conjunction with Article 29 of the CC BiH.

The accused Firat Šinasi, Muhedin Kurtović and Sőzen Ercan entered Guilty
Plea Agreements with the Prosecutor of the Prosecutor’s Office of BiH. In
relation to these accused, and the Court severed the criminal proceedings and it
was decided that they are to be carried out under the reference number X-K-
07/391-2. On 31 January 2008, after the hearing held, the Court rejected the
referenced guilty plea agreements.

The accused Firat Šinasi and Kurtović Muhedin entered again into Guilty Plea
Agreements with the Prosecutor of the Prosecutor’s Office of BiH on 12
February 2008, whereas the accused Sőzen Ercan entered into a Guilty Plea
Agreement again on 11 February 2008.

By the referenced agreements, the accused Firat Šinasi, Muhedin Kurtović and
Ercan Sőzen admitted guilt for the criminal offence of Organized Crime in
violation of Article 250(2) in conjunction with the criminal offence of
Smuggling of Persons in violation of Article 189(1), all in conjunction with
Article 29 of the BiH CC, which they committed in the manner as described in
Counts 1, 4, 5, 6 and 7 of the Indictment of the Prosecutor’s Office of BiH
Number KT-244/07 of 19 November 2007. By the Agreement entered into, the
Prosecutor of the Prosecutor’s Office of BiH and the accused Firat Šinasi
agreed that the Court impose on the Accused a sentence of imprisonment for
the term not shorter than 2 (two) years and not longer than 3 (three) years for
the criminal offence committed, and, as an accessory punishment, impose on
the Accused a fine in an amount of not less than KM 8,000.00 and not more
than KM 12,000.00. Also, the Prosecutor and the accused Muhedin Kurtović
agreed by the referenced agreement that the Court impose on the Accused the
sentence of imprisonment for a term not shorter than 2 (two) years and not
longer than 2 (two) years and 6 (six) months for the criminal offence
committed, and impose a fine as an accessory punishment in the amount of not
less than KM 8,000.00 and not more than KM 12,000.00. Finally, the
Prosecutor and the accused Ercan Sőzen agreed under the Agrement entered
into that the Court impose on the Accused the sentence of imprisonment for a
term not shorter than 1 (one) year and 6 (six) months and not longer than 2
(two) years for the criminal offence committed, and a fine as an accessory
punishment in the amount which is not less than KM 8,000.00 or more than
KM 12,000.00.

                                                                             16
At the Plea Agreement hearing held on 18 February 2008, the Court verified
and found that the accused understood the agreements and entered into them
voluntarily, knowingly and with understanding. The Court further found that
there was sufficient evidence on the guilt of the accused and that they
understood that on the basis of the agreements they waived their right to trial
and that they were not able to appeal the criminal sanction to be imposed on
them. The Court further informed the accused of the possible consequences,
including those pertaining to the payment of costs of the criminal proceedings.

Thereupon, the Court accepted the agreements in their entirety, especially
finding that the Prosecutor of the Prosecutor’s Office of BiH offered sufficient
evidence on the guilt of the accused Firat Šinasi, Muhedin Kurtović and Ercan
Sőzen.

On the same day, a sentencing hearing was held at which the Prosecutor and
the Defence presented evidence and facts relevant to the determination of the
proposed criminal sanctions. Thus, in respect of the accused Širat Finasi, the
Prosecutor stated that the type and the heaviness of the criminal sanctions
proposed under the Agreement was commensurate with the gravity of the
criminal offence committed. While entering into the plea agreement, the
Prosecutor’s Office took account of the fact that the Accused gave his
testimony as a witness in another criminal case when he presented the facts
about the other co-perpetrators known to him, and he also said the name of the
principal mastermind who lives in Turkey. Also, in respect of the accused Širat
Finasi, as extenuating circumstances, the Prosecutor stated that he is a family
man, father of one minor child, and that his state of health is poor. In respect of
the accused Muhedin Kurtović, the Prosecutor stated that he, as a witness, also
gave his testimony in a separate case and thus contributed to the completion of
that case. Finally, in respect of the accused Ercan Sőzen, the Prosecutor stated
that he was the first to admit the referenced criminal offence and thus greatly
contributed to the elucidation of the referenced criminal offence.
The defence counsel for the accused Firat Šinasi stated that on the part of the
Accused there were no aggravating circumstances, and as to the extenuating
circumstances, he stated that the Accused is a family man, with no previous
convictions, and that he is of poor health and indigent, noting, in addition, his
readiness to cooperate with the Prosecutor’s Office of BiH.

The defence counsel for the accused Muhedin Kurtović supported the
allegations by the Prosecutor, stating further that his client contributed to the
completion of the investigation, and also that with his testimony which he gave
as a witness, he contributed to the completion of the another criminal
proceedings. Also, by the admission of guilt for the referenced criminal

                                                                                17
offence, the Accused contributed to the completion of these criminal
proceedings. In the absence of aggravating circumstances, the defence counsel
for the accused stated that the Accused had no previous convictions, that he is
a father of two minor children and a sincere person as the Prosecutor’s Office
itself has realised.

The defence counsel for the accused Ercan Sőzen also maintained the
allegations by the Prosecutor, noting that there were no aggravating
circumstances on the part of his client, and he proposed that, as extenuating
circumstances, the Court takes account of his young age, as well as the fact
that he was the first one to admit the guilt for the perpetration of the referenced
criminal offence.

Mindful of the aforementioned, as well as the range of the criminal sanctions
for the accused as proposed by the plea agreements, as extenuating
circumstances on the part of the accused Firat Šinasi, the Court in the first
place took into account the indisputable fact that he had no previous
convictions, that he is a family man, a father of one minor child, that he is of
poor health, whereas no aggravating circumstances were found on the part of
the Accused. Further, as to the extenuating circumstances on the part of the
Accused Muhedin Kurtović, the Court found that he is a family man and that
he is a father of two minor children, as well as an indisputable fact that he was
not sentenced previously, whereas no aggravating circumstances were found
on the part of the Accused. Also, as for the extenuating circumstances on the
part of the accused Ercan Sőzen, the Court took account of his young age,
whereas no aggravating circumstances were found on the part of the Accused.
Circumstances referring to the cooperation of all of the accused with the
Prosecutor's Office, their frankness and admission of gilt which contributed to
the completion of the proceedings and cut the cost, and their contribution to
the uncovering other co-perpetrators, as well as to the completion of another
criminal proceedings, were assessed by the Court as especially extenuating
circumstances which caused this Court to impose on he accused the sentences
of imprisonment (referred to in the operative part of this Verdict) below the
special legal minimum prescribed for the referenced criminal offence. Given
the referenced extenuating circumstances, in absence of aggravating
circumstances on the part of the accused persons, the Court imposed on the
accused Firat Šinasi the sentence of imprisonment for a term of 3 (three) years,
the accused Muhedin Kurtović the sentence of imprisonment for a term of two
(two) years and 6 (six) months and the accused Ercan Sőzen the sentence of
imprisonment for a term of 2 (two) years, and it imposed on the accused
persons the fines as accessory punishments in the amount of KM 10,000.00
each, which the accused are bound to pay within 10 months as of the date this
Verdict becomes final. The Court finds that sentences thus imposed are

                                                                                18
proportionate to the gravity of the criminal offence committed, and that
thereby the purpose of punishment will be achieved as stipulated in Article 39
of the BiH CC.

Pursuant to Article 56 of the BiH CC, it was decided that the time spent in
custody pending trial be credited towards the sentence of imprisonment of the
accused Ercan Sőzen and Muhedin Kurtović, starting on 28 May 2007, and for
the accused Firat Šinasi, starting on 1 June 2007 onward.

Pursuant to Article 74 of the BiH CC, the Court forfeited from the accused the
items referred to in the operative part of this Verdict, given that those items
had been used for the perpetration of the referenced criminal offence.

Pursuant to Article 188(1) of the BiH CPC, the Court bound the accused Firat
Šinasi, Muhedin Kurtović and Ercan Sőzen to cover the expenses of the
criminal proceedings, the amount of which shall be specified by a Court's
separate decision, after the necessary data are obtained.


 Record-taker                                   PRESIDENT OF THE PANEL
                                                        JUDGE
Sedin Idrizović                                        Izo Tankić

                        /signatures and seal duly affixed/


LEGAL REMEDY: This Verdict may be appealed with the Appellate Panel
of this Court within 15 days from the receipt of this Verdict. An appeal shall
not be allowed in respect of the decision of the Court on the criminal sanction.

I hereby confirm that this document is a true translation of the original written in
Bosnian/Serbian/Croatian.
Sarajevo, 25 February 2009
Šefika Krilić
Certified Court Interpreter for English




                                                                                 19

				
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