Amnesty for Constitution Wreckers: How the BiH Prosecutor's Office Turns an ATTEMPT into Nothing!?

By: A. Čorbo-Zećo

Not only the citizens of Bosnia and Herzegovina, but also some deputies in the National Assembly of Republika Srpska are wondering what will happen to the investigation into the subversion of the constitutional order of BiH, after the entity assembly adopted a series of unconstitutional and void laws, and then withdrew them on Saturday, October 18.

According to the news agency Patria, this outcome, which is also supported by the international community, primarily the United States of America, has most pleased the Chief Prosecutor of the BiH Prosecutor's Office, Milanko Kajganić.

Now he has an ace up his sleeve to relieve the suspects (if there are any at all) of their worries!

SDS deputy Nedeljko Glamočak reminded the NSRs assembly during its session of the fact that several MPs have been heard as part of the investigation into the subversion of the constitutional order.

“What would happen today if they had listened to you and left the BiH institutions? You are now withdrawing laws, and we should remain in the proceedings because we were the subject of investigations by the BiH Prosecutor's Office,” Glamočak said.

Although the BiH Prosecutor's Office confirmed earlier that an investigation was underway, it never clearly stated against whom and at what stage it was. Now, according to Patria's information, it is increasingly being said in the corridors of the Prosecutor's Office that prosecutor Vedrana Mijović, who is handling this case, is ready to close the case with the explanation that “there was no criminal offense,” because the controversial decisions and laws have since been withdrawn. Milorad Dodik, Nenad Stevandić, Radovan Višković are suspected of attacking the constitutional order, and the BiH Prosecutor's Office has never wanted to confirm the status of Siniša Karan, Darko Ćulum, Miloš Bukejlović...

However, legal experts warn that such an approach would not be legal.

“For such serious criminal offenses, even an attempt to commit them must be punished,” our sources state.

The Criminal Code of BiH clearly states:

“Whoever attempts to change the constitutional order of Bosnia and Herzegovina or to overthrow its highest institutions by force or threat of force, or by any other unlawful means, shall be punished with imprisonment of at least five years.”

Therefore, the eventual closure of the investigation, under the pretext that the laws have been withdrawn, would represent a dangerous precedent, as it would mean that the subversion of the constitutional order would remain without consequences if a political move is made in the meantime that formally “nullifies” it.

It should always be emphasized that the Constitutional Court of BiH has declared all laws passed in the NSRs void, explaining that these laws and decisions are repealed ab initio, meaning that these legal acts have been repealed “from the beginning” and that all consequences they produced since their adoption have been annulled.

However, this does not mean that no one should be held accountable for the attempt to subvert the constitutional order.