Arnaut wrote to Schmidt: Why aren't Krišto and Judge Tadić in prison instead of being rewarded?

(Patria) - After receiving confirmation that Christian Schmidt plans to impose discriminatory amendments to the FBiH Constitution, a deputy in the House of Representatives of the Parliamentary Assembly of BiH Damir Arnaut sought answers as to why the High Representative is helping corrupt forces in our country. Arnaut's questions, submitted in accordance with the Rules of Procedure of the State Parliament, are reproduced in full:

"Last week, I submitted a parliamentary question to you asking whether you plan to impose amendments to the FBiH Constitution in a way that would nullify the provision guaranteeing at least one seat in the House of Peoples of that entity to at least one member of each constituent people from each canton if elected. At a meeting at the OHR last week, your associates confirmed to me that you plan to do so.

Now I am writing to ask you why.

Such a decision would not implement the ruling of the Constitutional Court of BiH in the Ljubić case, but would impose subsequent unfounded demands by Borjana Krišto. She challenged the aforementioned provisions of the FBiH Constitution, but withdrew that request after Judge Tadić informed her that he could not secure the five necessary votes. As a fellow lawyer, you are aware that both Mrs. Krišto and Mr. Tadić should, at the very least, have been disbarred for engaging in such ex parte communication. Given the severity of the violation, both would even end up in prison in a less corrupt country, such as Germany. Instead, your planned decision would reward their corrupt behavior.

Moreover, the fact that Judge Tadić could not fulfill his promise indicates that none of the three international judges agreed with the HDZ claims that the aforementioned provisions of the FBiH Constitution are contrary to the BiH Constitution. Since the BiH Constitution is an integral part of the Dayton Agreement – Annex 4 thereof – your planned intervention would undermine that Constitution.

Therefore, I urge you not to do it. Do not jeopardize the progress made by the opposition from both entities in the fight against corruption, including through the work of the Investigative Commission on the state of the judiciary, which we recently briefed you on in detail. Given that we have done so within the delicate constraints of the Dayton structure, I also ask that you do not undermine its essential elements. If you do, such efforts will no longer be possible for decades to come, and corruption will flourish.

I understand – as confirmed by your associates – that you feel an institutional obligation to implement the Agreement on the 'legitimate representation of constituent peoples' – signed by Bakir Izetbegović and Dragan Čović, in the presence of the OHR and Western embassies, in Mostar two years ago. The SDA and HDZ, together with their partners from the SNSD and DF, however, do not speak for the rest of us. These parties especially do not speak for the non-corrupt forces in this country, but rather attempt to solidify the state's capture. I insist that you do not strengthen them", Arnaut stated.