Although ordered to reinstate Rusmir Šišić, the ZDK Government did not comply with the court decision

(Patria) - The story regarding the dismissal of the police commissioner in the Zenica-Doboj Canton (ZDK) continues. Although the Municipal Court in Zenica ordered the reinstatement of Rusmir Šišić, the ZDK Government did not comply with the court measure.

Due to the disputed amendments to the provisions of the Law on Internal Affairs, the Constitutional Court of the Federation of BiH also has work to do, and it is quite certain that the Prosecutor's Office will also deal with the dismissal of the police commissioner.

The ZDK Government, on July 12, at the proposal of the Independent Board, revoked the rank of chief inspector and dismissed Rusmir Šišić from the position of police commissioner.

The Municipal Court of Zenica, upon Šišić's request, issued a temporary measure on July 19, according to which the Government is obliged to immediately return the revoked rank and keep Šišić in the position of commissioner until the next court decision on the measure.

However, this was not done, so the legal team of the dismissed commissioner warns the Government:

"We also note that this temporary measure has legal effect from the moment of its adoption and remains in force until the next court decision on the measure. No appeal, objection, or response delays its execution."

In response to an inquiry from Federalna televizija about the reasons why the Government did not comply with the decision of the Municipal Court, an interpretation arrives from the Office of the Prime Minister Amra Mehmedić:

"It is true that the Municipal Court imposed a temporary measure. However, this measure was imposed without hearing the parties and presenting the arguments of the opposing party, which is why the ZDK Government filed an objection to the said measure, on which the court is obliged to decide within 3 days."

The dismissal of the police commissioner followed after the parliamentary majority, at the proposal of Fuad Kasumović's party, previously amended the provisions of the Law on Internal Affairs, justifying it by returning the law to the form from 2021, when interventions were also made to the law after which the former commissioner was retired.

- I explicitly requested the positions I need to remove, the commissioner and that... To appoint people, a commissioner who is not mine, you understand, so that I am not the ruler of that. Let him be the people's and I absolutely do not care - said the president of BHI KF Fuad Kasumović.

The amended provisions specify that the police commissioner, if it is determined that under the new law he does not have the necessary conditions, can be dismissed before the end of his mandate.

The retroactive application of the Law is also disputed, which has become the subject of decision-making at the Constitutional Court of the Federation upon an appeal by a third of the opposition representatives, as well as lower court instances upon lawsuits by the dismissed commissioner.

- The Constitutional Court of the Federation called on the assembly on June 30 to submit a response to the request for a constitutionality assessment and the request for the adoption of a temporary measure.

The ruling seven-party coalition, by amending the law on internal affairs, primarily wanted to simplify the procedures for dismissing the police commissioner through the retroactive effect of the law - says the president of the SDA Caucus in the ZDK Assembly, Alija Ogrić.

The police commissioner was dismissed despite the warning from the relevant minister about ongoing proceedings before the courts, and judging by the epilogue, the Government was apparently in a hurry to carry out the dismissal.

- As for the ministry's position or opinion, it was submitted to the government and the purposefulness of such an opinion will not come to the fore - these are the words of the Minister of Internal Affairs of ZDK, Benjamin Sinanović (SDP), from July 12 this year.

On the same day, the dismissed police commissioner of ZDK, Rusmir Šišić, stated that, regardless of all this, "they made a decision and I will use all legal mechanisms."

The interference of politics in matters related to the Police Administration, it is quite certain, leads to a previously seen scenario in other cantons of unnecessary court proceedings and payment of compensations from budget funds.

Whether Rusmir Šišić was dismissed unlawfully, the courts will provide the answer, and until then, the non-implementation of court decisions on the temporary measure could also entail criminal liability for those responsible.