IT WOULDN'T BE THE FIRST TIME: Will the Constitutional Court of BiH dismiss Marin Vukoja because of Thompson?

After Marko Perković Thompson's team published photos from a concert held in Široki Brijeg, a concert accompanied by mass glorification of the Ustasha regime, through songs and symbolism, as well as Nazi gestures by the audience, it is evident that Marin Vukoja, a judge of the Constitutional Court of Bosnia and Herzegovina, was also present in the audience. In addition to the photo causing public outrage, it also raises the question of Vukoja's disciplinary responsibility, writes istraga.ba.

The chanting of the Ustasha salute “Za dom spremni” and the raising of the right hand in the air, a recognizable Nazi salute, rightly caused a sharp reaction from the non-resident ambassador of Israel to Bosnia and Herzegovina, Galit Peleg, as well as from the majority of the public in Bosnia and Herzegovina. It is completely clear that Vukoja, by his presence at the concert, despite being aware of the fact that this is a recurring pattern of behavior of the audience and the performer himself, has undoubtedly damaged not only the reputation of the Constitutional Court of BiH but also his own, both within the country and abroad.

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Constitutional Court of BiH Judge Marin Vukoja at Thompson's Concert in Široki Brijeg with Nazi Salutes

(Patria) - Constitutional Court of BiH Judge Marin Vukoja, close to HDZ, who was elected as a constitutional judge with the votes of the Trojka and HDZ in May 2024, attended the concert of controversial singer Marko Perković Thompson. Thus, dalmatinskiportal.hr

The Constitution of BiH and the Rules of the Constitutional Court provide for such situations and open the possibility for the Constitutional Court of BiH, or its president, to initiate dismissal proceedings against a judge of the Constitutional Court in case of damage to the institution's reputation.

Article VI/1.b) of the Constitution of BiH states that judges shall be “prominent legal experts of high moral standing,” and Article VI/1.c) states that a judge may be “dismissed for cause by consensus of the other judges.”

The Rules of the Constitutional Court provide more details in this regard. Article 91 states the following:

– 1. A judge is obliged to perform the duties of a judge conscientiously.
– 2. A judge is obliged to preserve the reputation and dignity of the Constitutional Court and the reputation and dignity of a judge.

Furthermore, Article 98, paragraph 1 of the Rules of the Court of BiH states that a judge may be dismissed from office before the expiry of the term for which they were elected if they request it themselves (a), if they are sentenced to imprisonment for a committed criminal offense for which they have been finally convicted to an unconditional prison sentence and which makes them unworthy of performing judicial functions (b), if they permanently lose the ability to perform their duties (c), if the circumstances from Article 96 of these rules occur (d), and if they do not perform the function of a judge in accordance with Article 91 of these rules (e).

“The Constitutional Court determines the existence of reasons from paragraph (1) of this article, dismisses the judge based on the consensus of the other judges, and informs the body that elected that judge about it,” states Article 98, paragraph 2 of the Rules of the Constitutional Court of BiH.

During its operation, the Constitutional Court of BiH has already dismissed one of its judges once due to damage to its reputation. Precisely in accordance with the articles of the Constitution of BiH and the Rules of the Constitutional Court, judge Krstan Simić was dismissed from office in May 2010 due to damage to the reputation of the Constitutional Court. Krstić was dismissed because communication between him and the president of SNSD, Milorad Dodik, became public, stating that he “is always at his disposal” and offers him “his experience and capabilities.” According to the Court's conclusion, he also provided advice to officials of the executive branch in the Republika Srpska.

“Such connections of a Constitutional Court judge with political parties, or the executive branch of an entity, can be defined as connections incompatible with the institutional and operational independence of the Constitutional Court, which every judge must strengthen. In the eyes of the public, such relationships harm the reputation of the Constitutional Court, especially in relation to the perception of its independence and impartiality, i.e., the prohibition of preferential treatment of certain parties,” the decision stated.

The fact that Vukoja attended the mentioned concert where the Ustasha regime was glorified, responsible for hundreds of thousands of innocent victims, primarily Serbs and Jews, may, if not reacted to in a timely manner, cause irreparable and permanent damage to the reputation of the Constitutional Court of Bosnia and Herzegovina among all citizens of our country, and especially among citizens of Serbian nationality. Any delay in the reaction of the Constitutional Court of BiH would jeopardize its further work.