By: G. B.
More than three years after the Fotopub affair broke out, the court has still not managed to serve the indictment to one of its main protagonists, Dušan Smodej. He is reportedly living in Venice and skilfully avoiding service, while on the other hand Slovenian law‑enforcement authorities also show little interest in actually locating him.
Since the indictment has not yet been served, it is also not final, but efforts to deliver it are ongoing, the Ljubljana District Court told the STA. The indictment accuses him, among other things, of sexual violence. The court cannot provide more detailed information at this time. They did explain that the case is an open procedure and has not yet expired.
A final indictment is a prerequisite for the start of a trial, and Smodej is believed, judging by social‑media posts, to be abroad. In such cases, EU member states have agreed that judicial authorities cooperate directly when serving procedural documents to defendants. It is also possible for the court, at the prosecution’s request, to order detention, which could trigger the mechanism of a European Arrest Warrant. Since Smodej is reportedly in Italy, an EU member state, this should not pose a problem, sources say.
In the case of third countries, cooperation takes place through the Ministry of Justice, unless the countries are signatories to international treaties that allow direct cooperation. For Switzerland, the Additional Protocol to the 2001 European Convention on Mutual Assistance in Criminal Matters also allows direct service and direct cooperation.
A similar arrangement applies to the European Arrest Warrant, as the Framework Decision on the European Arrest Warrant and surrender procedures between EU member states enables direct cooperation between competent authorities. In relation to third countries, however, the extradition procedure applies, in which the Slovenian Ministry of Justice acts as the central authority, the ministry explained to the STA.
The indictment accuses Smodej of criminal offences of sexual violence, enabling the use of illegal drugs, and bodily harm. The prosecution filed it against him at the Ljubljana District Court at the beginning of last year. In a separate indictment filed at the Ljubljana Local Court, his name is also linked to two counts of fraud.
The Fotopub affair began in August 2022 with anonymous testimonies posted on a social‑media platform about events surrounding the association of the same name, which Smodej headed. After the scandal broke, one that shocked Slovenia’s cultural scene and the broader public, he denied the accusations, dissolved the association, and, according to media reports, continued his artistic career abroad, including in Italy and France.
The fact remains that the Fotopub affair is now entering its fourth year. One of the individuals involved, Roman Uranjek, died by suicide when the scandal came to light, while Smodej slipped away. It also appears that he is being shielded by his friends from Levica. The party recently announced that Tina Brecelj of the Supreme Court, partner of Miodrag Đorđević, its former president, will run as a candidate for them in the parliamentary elections.
More on this will be available in Thursday’s edition of Demokracija.