Crisis creators from RS must be stopped through judicial institutions

Written by: A. Čorbo-Zećo

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In Bosnia and Herzegovina, the situation has become more complex, and many point out that resolving the problem will put the judiciary and its independence to the test. We would say that the judiciary is facing its toughest test since BiH's independence. Through this undermining of BiH's legal order and violation of the BiH Constitution, the judiciary must demonstrate its power and independence from politics - otherwise, we will not be able to speak of a rule of law. 

We remind that the deputies of the National Assembly of Republika Srpska adopted on February 17 at an extraordinary session in Banja Luka, with 72 votes "for" and two "against," the Information regarding the "anti-Dayton activities of the Constitutional Court of BiH" and conclusions, including the suspension of work of RS representatives in BiH institutions until the adoption of a law on the termination of the mandate of foreign judges in the Constitutional Court.

The extraordinary session was called due to the recent decision of the Constitutional Court of BiH on agricultural land, according to which all agricultural land in Republika Srpska is considered property of Bosnia and Herzegovina, not the entity, as voted by the RS Assembly at the end of 2019.

It is clear that the conclusions are actually anti-Dayton activities. Thus, the elements of a criminal offense committed by high officials from RS are public, and the international community is determined to adequately sanction those responsible through BiH's judicial institutions, specifically the BiH Prosecutor's Office. 

Gordana Tadić, the Chief Prosecutor of BiH, has not yet spoken out, nor has the BiH Prosecutor's Office as an institution. However, as Patria learns, the epilogue will occur soon.

Some of the violated legal provisions include an attack on the constitutional order, which the Criminal Procedure Code in Article 156 stipulates that "whoever, by use of physical force or threat of use of physical force, attempts to change the constitutional order of Bosnia and Herzegovina or to overthrow its highest institutions, shall be punished by imprisonment for a term of at least five years."

Also, the Criminal Code prescribes penalties for endangering territorial integrity, so in Article 157 it states "whoever, by use of force or threat of use of force, attempts to secede a part of the territory of Bosnia and Herzegovina or to annex a part of its territory to another state, shall be punished by imprisonment for a term of at least five years."