Low blows from the High Representative

Written for NAP by: Sifet Kukuruz, legal expert

The arrival of Christian Schmidt as the High Representative of the international community in BiH was accompanied by significant ambiguities regarding the manner of his appointment. Doubts about the correctness of his appointment are still present today in certain political circles, primarily in the smaller Bosnian entity. However, what is becoming much more important today than Christian Schmidt's appointment itself is his conduct after arriving in BiH.

Although the non-adoption of a special UN Security Council resolution appointing or otherwise verifying his appointment cannot be evidence of the illegality of his status, given that the UN Security Council in practice treats and accepts him as the High Representative, it seems that his appointment has indeed taken a back seat, while disagreement with his actions has come to the forefront.

A person of questionable "character and deeds"

Thus, from a "person under suspicion" Christian Schmidt has definitively become a "suspicious person" due to his actions in BiH. Today in BiH, there is almost no disagreement regarding his unacceptable conduct, regardless of the different backgrounds, motives, and reasons for such a perception. This shows that Christian Schmidt has, after all, managed to unite the most important political actors in BiH in at least one thing, and that is disagreement with his actions.

The dissatisfaction that has been increasingly publicly expressed in recent days is related to Christian Schmidt's announced appearance before the European Court of Human Rights in the "Kovačević" case.

Although the official statement from the OHR stated that Christian Schmidt would "agree to provide independent information to the European Court of Human Rights as a 'friend of the court' (Amicus Curiae), as High Representatives have done in many other cases before," the question remains open as to when the European Court sent such a request or plea to Christian Schmidt, and in which court cases concerning the BiH Constitution the High Representative has previously appeared before the European Court of Human Rights?

In the five most important court proceedings conducted before the European Court of Human Rights concerning BiH to date, the High Representative has not provided independent information to the European Court in any capacity, so it remains unclear which court proceedings the OHR statement refers to, and this ambiguity gains weight especially considering the statement that High Representatives have done so in many other cases before.

Furthermore, it is important to emphasize that the OHR statement highlights that the High Representative has continuously called on politicians in Bosnia and Herzegovina to implement the decisions of the European Court of Human Rights in cases such as Sejdić/Finci, Zornić, and others, and to amend the Constitution to end discrimination. The statement that "it is within the competence of the High Representative, among other things, to ensure the sustainable development of democracy in BiH" is particularly interesting.

Schmidt and the sustainable development of democracy

Therefore, Christian Schmidt is trying to convince the domestic public that his appearance before the European Court of Human Rights is motivated by a concern for democracy, which objectively represents the most controversial aspect of the entire story.

For such a claim to be credible, it would have to imply that Christian Schmidt, during his mandate in BiH, had previously sincerely and diligently worked on the actual promotion of respect for human rights and freedoms, the establishment of the rule of law, adherence to the principles of constitutionality, strengthening the democratic legitimacy of authorities, and creating political and legal preconditions for the execution of European Court of Human Rights judgments.

Provided that he had advocated for and promoted these values, perhaps one could believe in his good intentions regarding his appearance before the European Court of Human Rights in the "Kovačević" case. However, given that Christian Schmidt has done everything contrary to the aforementioned, it is clear that he is a person with dangerous intentions regarding the European future of BiH.

Numerous ambiguities and fears

Since he has not taken any action worth mentioning to fulfill his obligation to ensure respect for fundamental human rights and freedoms, or rather, has done everything to bury and inter fragile democracy in BiH, it is unrealistic to expect Christian Schmidt to advocate for the promotion and strengthening of the rule of law in BiH before the European Court.

All of this indicates that there are numerous ambiguities and completely justified fears regarding Christian Schmidt's appearance before the European Court in the "Kovačević" case. However, what can be beyond any doubt is that with such a High Representative, BiH's membership in the EU definitively remains a real illusion.