WOLF ATE THE DONKEY The Constitutional Court has completed its part of the job regarding January 9th, the Prosecutor's Office will do nothing, and probably Schmidt either!?

(Patria) - Passing the buck has become the main game for those responsible for law enforcement, preserving the constitutional and legal character of BiH, and overall care for this country. It is not a small number of cases where jurisdictions and various complexities have served as a perfect excuse for doing nothing.

The Chief State Prosecutor Milanko Kajganić, whose Prosecutor's Office will do nothing regarding January 9th, is also navigating these complexities. Just as the Prosecutor's Office led by Kajganić has done nothing regarding a large number of reports of genocide denial and glorification of war criminals, and just as many other prosecutor's offices do not prosecute attacks on returnees and religious buildings.

The celebration of January 9th, which is no longer a holiday in the RS entity, and where, in addition to a militant parade, dangerous messages for peace and for the state of BiH are heard as an echo of the messages from January 9, 1992, will thus remain a pawn for political maneuvering and raising tensions, without an effective reaction from those who should react.

Kajganić is thus asking the BiH Constitutional Court to provide him with a ruling on those who have committed the criminal offense of non-execution of that court's decision. He is aware that this will not happen, because the verdict has been formally implemented.

The Constitutional Court confirmed to Patria: “By decision of the Constitutional Court number U 2/18, the Constitutional Court determined that Article 2, Paragraph (1) of the Law on the Day of the Republic of Srpska („Official Gazette of the Republic of Srpska“ number 113/16), which reads: „Based on the confirmed will of the citizens of the Republic of Srpska, January 9 is established as the Day of the Republic“, is not in accordance with Article I/2 of the Constitution of Bosnia and Herzegovina, Article II/4 of the Constitution of Bosnia and Herzegovina in conjunction with Article 1.1. and Article 2.a) and c) of the International Convention on the Elimination of All Forms of Racial Discrimination and Article 1 of Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article VI/5 of the Constitution of Bosnia and Herzegovina.

The Constitutional Court repealed the aforementioned provision of the cited law and determined that it ceases to be valid on the day following the publication of the Constitutional Court's decision in the „Official Gazette of Bosnia and Herzegovina“. The decision was published in the “Official Gazette of BiH” number 30/19 of April 23, 2019.”

Furthermore, the Constitutional Court states: “Given that the Constitutional Court itself repealed the disputed provision with its decision and that decision contained no order from the Constitutional Court for the competent legislative body (National Assembly of the Republic of Srpska) to act upon, the Constitutional Court has not issued a decision on non-execution in this case. Therefore, what was within the jurisdiction of the Constitutional Court has been resolved, and the disputed provision is no longer in effect. The question of what someone will celebrate as a holiday that is no longer prescribed by law is not a matter for the Constitutional Court.”

Thus, the matter is clear. According to the decision of the Constitutional Court and the amendments to the Law on Holidays of RS, January 9 ceased to exist as a holiday.

The fact that the political leadership of RS, led by Milorad Dodik and SNSD, is organizing a parade as a gathering of citizens is not a matter for the BiH Constitutional Court.

The issues that the Prosecutor's Office should address concern state officials, especially from the Ministry of Defense, the Armed Forces of BiH, police agencies, and judicial institutions. Because, attending informal, ethnically exclusive gatherings with militant parades by these cadres is problematic. Except for Kajganić, who sees no problem in it, just as he sees no problem in genocide denial or glorification of war criminals.

It is highly likely that it will not be a problem for the High Representative Christian Schmidt either. Because it is difficult to trust Schmidt after his long-ago announcement that he would react to the RS's actions regarding state property. The NSRS passes unconstitutional laws, and Schmidt remains silent.

He did not remain silent about January 9th; on the contrary, he announced that the next parade would not be held in the form and capacity it was held this year. He also announced penalties for those from state institutions who appeared at the January 9th celebration. However, he did nothing, and we do not believe he will do anything.

In essence, as the old saying goes, the wolf ate the donkey.

Because even those responsible for the functioning of state institutions, agencies, and organizations did not react when their employees did not show up for work on January 9th. Because that January day is not a holiday by any law, so the question is what they cited as a reason for their absence.

(R. Belko)