Emrić requested a report from the BiH Prosecutor's Office on the suspension of the investigation into the attempt to overthrow the constitutional order

(Patria) - Member of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina (PSBiH) Jasmin Emrić (People's European Alliance of BiH - NES BiH) submitted an initiative to the House of Representatives requesting the BiH Prosecutor's Office to submit a report on its work and the application of law regarding the decision to suspend the investigation in the case where Milorad Dodik, Radovan Višković, and Nenad Stevandić are suspected of committing the criminal offense of attacking the constitutional order from Article 156, Paragraph 1 of the BiH Criminal Code.

As he stated at today's press conference, he submitted the aforementioned initiative after recent media reports that the BiH Prosecutor's Office issued a decision on October 30 to suspend the investigation against Dodik, Višković, and Stevandić, because, as stated, it was determined that there was insufficient evidence that they committed the criminal offense of attacking the constitutional order.

The legal basis for the initiative, Emrić stated, is contained in Article 10 of the Law on the Prosecutor's Office of BiH, which stipulates that the Prosecutor's Office has the right and duty to, within the scope of its functions, on its own initiative or upon request, report to the Presidency of BiH, the Parliamentary Assembly of BiH, and the Council of Ministers of BiH on its work and the application of law.

This ensures oversight and transparency in the work of institutions, which is particularly important in cases concerning the constitutional order and the rule of law.

He also recalled Article 11 of the same law, which regulates public notification of the work of the BiH Prosecutor's Office.

In that article, Emrić specified, paragraph 2 states that the Prosecutor's Office, within the limits of the interest of the proceedings, may inform the public and interested parties about specific cases it is handling.

He emphasized that this article provides the basis for the request that citizens and institutions be informed about the reasons for suspending the investigation in a case that is attracting significant public attention.

He stressed that, given the seriousness and sensitivity of the case, it is of general interest for the BiH Prosecutor's Office to publicly clarify the reasons for suspending the investigation against Milorad Dodik, Radovan Višković, and Nenad Stevandić, because, as he stated, the aforementioned officials, holding the highest positions in the Republika Srpska entity, advocated, announced, and incited the adoption of laws that are contrary to the BiH Constitution.

In that context, he recalled that on February 27, the National Assembly of Republika Srpska (NSRS) adopted at a special session the Law on Non-application of Laws and Prohibition of Activities of "Unconstitutional" BiH Institutions, the Law on the High Judicial and Prosecutorial Council of RS, and the Law on Amending the Criminal Code of RS, which prescribes the criminal offense of non-execution of decisions made by the entity's institutions.
The goal of these regulations, as he said, was to sanction officials who would not implement decisions made in accordance with unconstitutional laws, which represents a direct attempt to undermine the state legal system.

- By adopting and publishing the aforementioned laws in the Official Gazette of RS, an attack on the constitutional order of BiH was carried out, as the competencies of four key state institutions - the Court of BiH, the BiH Prosecutor's Office, the High Judicial and Prosecutorial Council of BiH (HJPC), and the State Investigation and Protection Agency (SIPA) - were illegally abolished or restricted - Emrić said.

He added that Article 156 of the BiH Criminal Code clearly defines that anyone who attempts to change the constitutional order or overthrow the highest state institutions by force, threat of force, or any other illegal means commits the criminal offense of attacking the constitutional order, for which a prison sentence of at least five years is prescribed.

Emrić also recalled that on May 29, the Constitutional Court of BiH made a decision by which it determined the unconstitutionality and invalidity of the disputed NSRS laws and rendered them void from the date of their adoption.

By that act, he said, the highest judicial body confirmed that it was an unconstitutional action that encroached upon the fundamental principles of statehood and territorial integrity of BiH.

Among other things, he noted that Dodik, Višković, and Stevandić, after months of evading authorities, under unclear circumstances, voluntarily surrendered to the BiH Prosecutor's Office, first Milorad Dodik on July 4, and then Višković and Stevandić on July 9, after which the BiH Court lifted their detention and imposed a measure of prohibition of mandatory periodic reporting to the state authority.

- Considering all the aforementioned facts and the seriousness of the accusations, it is justified for the House of Representatives of the PSBiH to request the BiH Prosecutor's Office to submit a detailed report on its work and the implementation of the law in this specific case of suspending the investigation as soon as possible - Emrić said, concluding that the public has the right to know on what grounds the decision to suspend the proceedings in a case that directly concerns the protection of the state's constitutional order was made.

(Faktor)