BIRN: Over half a year without response from BIA - court still awaits documents for defense in 'Jovanjica'

A Belgrade Higher Court is still awaiting documents from Serbia's Security Information Agency (BIA) for the "Jovanjica" case, more than six months after the initial request. The documents are crucial for the defense of Aleksandar Tošić, a BIA member accused of organized marijuana production.

BIRN reported that the court had prioritized Tošić's testimony at a May 19 hearing. However, his defense could not proceed as the BIA had not responded to the court's requests, including an urgency notice, regarding the declassification of specific documents. This marks a continuation of delays, as a similar situation occurred at an April hearing.

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The Higher Court in Belgrade, or the presiding judicial panel, has not received a response from the BIA to the letter and urgency notice regarding the documentation that the accused Aleksandar Tošić refers to, nor has the court been informed whether the declassification of the document has been approved.

Tošić claims he acted as a BIA operative when involved in activities related to the "Jovanjica" property and that he informed the agency of his actions. His defense team requested the BIA to declassify documents in December, but the agency directed them to the court. The court then formally requested the documents and a decision on their classified status.

Judge Zoran Ganić noted that Tošić likely would not present his defense before the document classification issue is resolved to avoid legal violations. The court accepted the defense's proposal to await the BIA's decision. Despite multiple follow-ups, including an urgency notice sent at the end of 2025, the BIA has yet to provide a response or confirm if declassification is approved.

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It is clear that Tošić does not want to present his defense before the issue of the secrecy of these documents is resolved, otherwise he could violate the law.