Murphy's Law: Indictment against Milorad Dodik is politically motivated, but a guilty verdict is the only lawful option

Written by: Avdo Avdić/Istraga.ba

The upcoming crisis caused by the verdict against Milorad Dodik will not be the fault of the Court of Bosnia and Herzegovina nor Judge Sena Uzunović. The real culprit is retired. And his name is Michael Murphy.

The former US ambassador is the mastermind behind the legal violence. He is not the signatory. The signatory is Christian Schmidt. But Schmidt would not have carried out any action without the pressure of Michael Murphy, who from his office, while stroking a plush zebra, issued clear instructions. Murphy suspended the Constitution of the Federation of BiH for 24 hours. Christian Schmidt only signed it. Murphy suspended the Bosniak vote during the appointment of the FBiH Government. Schmidt only implemented it. Murphy brought Milorad Dodik into the Council of Ministers of BiH. The Troika only followed instructions. Murphy convicted Fadil Novalić, Alisa Mutap, and others. The judges of the Court of BiH only delivered the verdict dictated to them.

Under the pressure of Michael Murphy, Christian Schmidt criminalized “non-implementation of OHR decisions.” Look in the archives – hundreds of decisions of BiH courts are not implemented. Although under criminal laws, non-implementation of court decisions is a criminal offense – there is no indictment for that. But there is for the criminal offense – non-implementation of Schmidt’s decision. The indictment against Milorad Dodik was, let’s be realistic, filed by the BiH Prosecutor’s Office under the pressure of Michael Murphy.

And, what can the Court of BiH, i.e., Judge Sena Uzunović, do now? Not to judge according to the provisions of the Criminal Code and the Law on Criminal Procedure?

Is the process against Milorad Dodik politically motivated? I will be free to write an unpopular opinion – yes. The process against Milorad Dodik is politically motivated. Period.

And will the guilty verdict in this case be politically motivated? No. Because the Court must judge based on evidence, based on facts, and based on applicable laws. The applicable laws prescribe that whoever does not respect the decisions of the High Representative commits a criminal offense. Milorad Dodik did not respect the decisions of the High Representative. Therefore, he committed a criminal offense prescribed by law. And the Court of BiH has no room to acquit him. Because if it acquits him, then that verdict will also be politically motivated or rendered contrary to applicable laws.

Do you remember how many decisions of the Constitutional Court of Bosnia and Herzegovina Milorad Dodik did not respect? Although non-implementation of decisions of the Constitutional Court of BiH is a criminal offense, the BiH Prosecutor’s Office never indicted him for that. But it indicted him for non-implementation of Schmidt’s decision based on Schmidt’s provision of the Criminal Code of BiH.

The Court of BiH could not judge Milorad Dodik for cases in which he was not even indicted. But it must, in accordance with the law and evidence, judge in those cases for which there is an indictment.

Politically motivated processes do not begin in the Court. They begin in the BiH Prosecutor’s Office. The Court of BiH cannot delve into the motives of the prosecutor. The Court evaluates evidence and procedural actions.

If the Court of BiH acquits Milorad Dodik, it will mean that the Court of BiH has succumbed to Dodik’s pressure. Just as state prosecutors succumbed to Murphy’s pressure when they filed the indictment against Milorad Dodik.

The anger of the leaders of the Republika Srpska is unjustifiably directed at the Court of BiH. They should direct their anger at the BiH Prosecutor’s Office, which agreed to be Murphy’s baton for settling scores with those who bother him.

And, finally, a comparison. According to the Criminal Code of BiH, non-implementation of decisions of the Constitutional Court of BiH is a criminal offense. The Constitutional Court of BiH ruled that the British company Adriatic Metals has no right to exploit state property. Despite the ruling, state property in Vareš was devastated. Why did Murphy or Christian Schmidt not pressure the BiH Prosecutor’s Office to indict the leaders of Adriatic Metals and the authorities in the Federation of BiH for non-implementation of the decision of the Constitutional Court of BiH? The answer is simple – it is their interest and their business.

When will this country become normal? The moment when both the people and officials in BiH realize that former ambassador Murphy and future Murphys primarily look after their own state interests. Which is completely legitimate. The moment when both officials and the people in BiH look after the interests of their own state, BiH will become a normal country. But even then, the court must judge according to the law. And that is why Milorad Dodik must be convicted.