By: A. Čorbo-Zećo
The decision on the appeal against the 'Kovačević v. Bosnia and Herzegovina' verdict depends on agent Harisa Bavčić, acting representative of the Council of Ministers of Bosnia and Herzegovina before the European Court of Human Rights.
Due to the importance of the verdict itself and its impact on BiH's path to the European Union, it would be necessary for Bavčić to also seek an opinion from the relevant ministry or even the Council of Ministers of BiH.
The fact is that for the sixth time, the European Court of Human Rights has determined that Bosnia and Herzegovina is violating citizens' human rights in the process of electing officials to positions in state institutions, so the question is whether the appeal makes any sense at all.
Therefore, the appeal does not remove the fact that BiH is violating human rights, and the interest in the appeal is seen exclusively by HDZ BiH and Zagreb, who have had their trump card removed by this verdict, which they intended to play at a later stage when a new reform of the BiH Election Law is planned. Because with this verdict, the story of legitimate representation is 'dead'.
In addition to HDZ BiH, the Government of Croatia is also very interested in the BiH Election Law (!?), and despite the verdicts, they firmly stand by retrograde positions that include legitimate representation. The Croatian National Assembly is furious about the verdict, and probably also because the lobbying efforts did not yield results, so they now see a chance to annul the Kovačević verdict through an appeal.
The verdict was rendered by a chamber of seven judges composed as follows: Gabriele Kucsko-Stadlmayer (Austria), President of the Chamber, Tim Eicke (United Kingdom), Faris Vehabović (Bosnia and Herzegovina), Iulia Antoanella Motoc (Romania), Armen Harutyunyan (Armenia), Ana Maria Guerra Martins (Portugal), and Anne Louise Bormann (Denmark).
Gabriele Kucsko-Stadlmayer is the judge who expressed a dissenting opinion, and it is precisely this opinion that HDZ and Croatia are waving around, which can be linked to a potential appeal. And, the representatives of HDZ BiH were aware of Kovačević's lawsuit, so according to our sources, on May 17th in Iceland, during a session of the Council of Europe, this was discussed and lobbying was conducted with the judges. There is no doubt that the Secretary General of the Council of Europe, Marija Pejčinović Burić, played a key role.
Later, when they learned about the verdict, and even before its official announcement, Croatian media attacked ECHR judge Faris Vehabović. For example, Večernji list, specifically author Zoran Krešić, on August 6, 2023, targeted Vehabović, writing that his mandate expired two years ago. They called him a Bosniak lobbyist!?
However, none of this prevented the judges in Strasbourg from determining in the latest 'Kovačević' verdict that the current political system has made ethnic representation more relevant than political, economic, social, philosophical, and other considerations, thereby reinforcing ethnic divisions in the country and undermining the democratic character of elections. The constituent peoples, the Court considers, clearly enjoy a privileged position in the current system.
All of this, despite claims to the contrary, does not concern Dragan Čović, so he will do everything to ensure the appeal is filed, which would bring the verdict before the Grand Chamber.
Rule 73 states:
„In accordance with Article 43 of the Convention, any party to a case may, in exceptional cases, within a period of three months from the date of the Chamber judgment, request that the case be referred to the Grand Chamber. The party shall, in its request, specify the important issue affecting the interpretation or application of the Convention or its protocols or a serious issue of general importance that, in its opinion, requires consideration by the Grand Chamber.
A panel of five judges of the Grand Chamber, constituted in accordance with Rule 24, paragraph 5, shall examine the request on the basis of the case file alone. It shall accept the request only if the case raises such an issue or problem. The refusal of a request shall not be reasoned.
If the panel accepts the request, the Grand Chamber shall decide the case by means of a judgment.“
Given that Croatian Prime Minister Andrej Plenković openly admitted to lobbying the High Representative Christian Schmidt for imposed solutions on election night, there should be no doubt that he will do everything to potentially annul this significant verdict!
Similarly, Christian Schmidt intends to organize a meeting at the Council of Europe on September 13th and 14th, again with the Secretary General of the Council of Europe, Marija Pejčinović Burić, in order to protect himself from the consequences of the upcoming verdict on the appeal of the Democratic Front against his imposed solutions.
We remind you that the European Court of Human Rights requested a statement from the OHR regarding Christian Schmidt's amendments to the FBiH Constitution in July 2023.
And there is no doubt that all of HDZ's haste regarding changes to the Election Law was precisely because of these appeals, and their fear of verdicts has become a reality, so there should be no doubt that in Brussels, as well as elsewhere, they will pull every string to 'buy' certain judges in Strasbourg through lobbying and thus prevent the Court from continuing to follow European legal norms with maximum seriousness, as evidenced by the verdicts against BiH for disenfranchised citizens.
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