Agents without Legitimacy Pushing BiH into New International Scandal: Appeal Against Human Rights!

By: A. Čorbo-Zećo

Representatives/agents of the Council of Ministers of Bosnia and Herzegovina have filed a request with the European Court of Human Rights to review the judgment in the "Kovačević" case. The request for review (appeal) was signed by two BiH agents – Monika Mijić and Jelena Cvijetić.

However, with such actions by these two agents, who lack legitimacy, Bosnia and Herzegovina could once again find itself in a situation where it further embarrasses itself before the world public.

Namely, the agents' status expired in 2021, meaning they do not have active legitimacy and that everything falls under the competent ministry, which is the Ministry for Human Rights of BiH.

From this, a logical and very simple conclusion arises.

The state is a member of the Council of Europe and a signatory to the European Convention as a contracting party, and is represented through the Government, which may or may not have agents.

In other words, when you have a court proceeding, your lawyer acts according to your instructions and cannot make independent decisions, especially not independently decide on filing an appeal.

These acting agents, whose acting status expired in 2021, cannot do anything because they lack active legitimacy.

Therefore, it is clear that everything is in the hands of the competent ministry, specifically Minister Sevlid Hurtić.

Certainly, responsibility for this situation lies with the former minister Miloš Lučić, or rather, the Chairman of the Council of Ministers Zoran Tegeltija.

We remind you that the advisor to the Chairman of the Presidency of BiH, Željko Komšić, Slaven Kovačević, previously announced that if the BiH agents before the European Court of Human Rights, i.e., the acting agents with expired mandates, take any legal steps before this court, he will file a criminal complaint against them.

It is important to distinguish two things – agents are independent in their work, but not in their decision-making, because in this specific case, the defendant is the state, and the state can have agents, but they cannot do anything unless the state instructs them to do so, which it has not done.

Furthermore, it remains unclear how Monika Mijić could have been appointed for the third time in a row, when the law clearly stipulates that the acting status lasts for three months with a maximum of one extension.