
Written by: Avdo Avdić/Istraga.ba
Serbian flags are still flying today, March 4, 2025, in front of the institutions of the BiH entity Republika Srpska. The fact that the Constitutional Court of BiH accepted the request of Denis Bećirović, a member of the Presidency of Bosnia and Herzegovina, on February 12 this year and temporarily suspended the Law on Amendments to the Law on the Use of the Flag, Coat of Arms and Anthem of the RS means a lot formally. Essentially, it means nothing. It is just one in a series of rulings by the Constitutional Court of BiH that have not been implemented. And they will not be implemented until the state starts using its repressive and armed apparatus.
Is there anyone in Bosnia and Herzegovina with the courage to order, for example, the State Investigation and Protection Agency (SIPA) to have its special forces remove the Serbian flags in front of the Palace of the RS President, placed based on a law that the Constitutional Court of BiH has suspended? I don't believe so. Aside from the fact that, primarily due to amateurish mistakes by the leaders of the Troika, both SIPA and the SIPA Special Unit (which was not the case before) are now managed by SNSD cadres. The real question is whether any Bosniak cadre in the BiH security agencies is allowed to issue such an order.
“The Law on Amendments to the Law on the Use of the Flag, Coat of Arms and Anthem (Official Gazette of Republika Srpska, number 4/25) is temporarily suspended. This decision takes effect immediately and produces legal effect from the date the Law on Amendments to the Law on the Use of the Flag, Coat of Arms and Anthem came into force,” the Constitutional Court of BiH ruled on February 12.
The news from February 13 reads – The flag of the state of Serbia was placed on the entrance door of the headquarters of Milorad Dodik, the president of the Bosnian-Herzegovinian entity Republika Srpska (Palace of the RS).
The Criminal Code of BiH, Article 239, paragraph 1 states: “An official in an institution of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, Republika Srpska, Brčko District of Bosnia and Herzegovina, or in a canton, city or municipality or local community or any body of local government and self-government, or a responsible person who fails to apply, implement, execute or otherwise respect a final and binding decision of the Constitutional Court of Bosnia and Herzegovina, including a decision on a provisional measure, a final and enforceable decision or a provisional measure of the Court of Bosnia and Herzegovina, the Human Rights Chamber for Bosnia and Herzegovina or the European Court of Human Rights, or who prevents or otherwise obstructs the application, implementation or execution of such a decision, shall be punished by imprisonment for a term of six months to five years.”
I know, the Constitutional Court of BiH is not the same as the OHR, so that the BiH Prosecutor's Office would promptly initiate and conclude a case against Milorad Dodik for non-implementation of the Constitutional Court of BiH rulings. Nor is Milorad Dodik Fadil Novalić, so that the hero of the month, Džermin Pašić, would issue an order to deprive the President of Republika Srpska of his liberty.
Do you remember the decision of the Constitutional Court of BiH on “January 9”? At least five times, the RS authorities violated the decision of the Constitutional Court of BiH and celebrated the unconstitutional day of the RS. No indictment has been filed, i.e., confirmed, for this.
The Minister of Foreign Affairs of BiH says: “We will not, in the case of non-compliance with some court decisions and rulings, send armed men against armed men, because Milorad Dodik controls a part of the RS MUP. He is looking for processes, scandals or incidents that would help him stay in power. The institutions of BiH will win, but decisions will be based on rational arguments, not on falling into the fire, because when he is losing the match, Dodik needs an incident to hide behind.”
Imagine any country in the world where a minister of the state government says that the state will not send the police to those who do not respect the rulings of the Constitutional Court of that same state. However, that statement by Konaković is not as interesting to the media as the set of clichés that the leader of MIP and NiP publishes on his Facebook profile every night. And that is why we are where we are.
But Milorad Dodik is not Fadil Novalić, so that special police forces would wipe the floor with him, leading him from SIPA for interrogation by the hero of the month, Džermin Pašić.
The RS MUP refused to implement the orders of the BiH Prosecutor's Office. And? Nothing to anyone. SIPA silently bypasses Republika Srpska. And, again, nothing to anyone.
“The BiH Prosecutor's Office proposed a ban on performing the duties of Prime Minister for Fadil Novalić,” read the news published at the height of the Respirators affair.
So that the “experts” do not confuse the material, these prohibition measures were proposed during the criminal proceedings against Novalić and others.
“Measures that can be taken against the accused to ensure his presence and for the successful conduct of criminal proceedings are summons, bringing in, prohibition measures, bail and detention,” stated the Law on Criminal Procedure of BiH.
These are, therefore, the measures that can be in force until the conclusion of the criminal proceedings.
Such measures have never been sought for Milorad Dodik. For him, the heroes of the month sought what the Court must impose anyway if it convicts him with a final verdict.
The Prosecutor's Office, therefore, sought that Novalić be banned from performing the duties of Prime Minister during the criminal proceedings (before any verdict), and for Milorad Dodik, security measures were sought that can only take effect after Milorad Dodik is finally convicted. And even then, according to the claim of the Minister of Foreign Affairs of BiH, SIPA does not have to go and implement that verdict. Because that, he says, would threaten peace. And that is exactly what Milorad Dodik wants. A peaceful separation.
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