DIFFERENT VIEWS ALSO IN THE COUNCIL OF MINISTERS OF BiH Independent Board claims it proposed Galić's dismissal but did not cite a legal basis

(Patria) - The President of the Independent Board, Enes Obralija, said that the Independent Board proposed the dismissal of Zoran Galić, Deputy Director of SIPA, by a unanimous conclusion on August 1 to the Council of Ministers of BiH, and that the Independent Board will no longer deal with the Galić case.

Despite Obralija stating that such a conclusion was reached unanimously, the document sent to the Minister of Security of BiH, Nenad Nešić, does not specify this position; instead, it proposes that the Council of Ministers of BiH "consider the possibility of dismissing Zoran Galić."

The Independent Board did not cite any reason to justify the initiative for Galić's dismissal. Any decision made must have a legal basis, i.e., a legal reason for someone's dismissal.

The Law on SIPA specifies that the director and deputy director may be dismissed before the end of their term:

a) at their own request;
b) if a final decision imposes a disciplinary measure for a serious breach of work duties;
c) if convicted of a criminal offense, except for traffic safety offenses;
d) if found to be an active member of a political party;
e) if, based on the opinion of a competent health institution, it is determined that they are permanently unable to perform their duties.

Of these conditions, Galić could be dismissed due to a personal request he submitted through his lawyer to fulfill the conditions for retirement. However, ministers from the Bosniak people do not want to agree to this. The most vocal is Zukan Helez, whose vote is decisive in this case, and he exclusively demands dismissal.

The Independent Board's conclusion read as follows:

“The Independent Board unanimously concluded, in accordance with the Law on Independent and Supervisory Bodies of the Police Structure of BiH and the Rules of Procedure of the Independent Board, that it is materially competent to propose the dismissal and suspension of a head or deputy head of a police body when it deems it justified. In this regard, we propose that the Council of Ministers of BiH consider the possibility of dismissing Mr. Galić from the position of Deputy Director of the State Investigation and Protection Agency, while also taking into account that Mr. Galić has submitted his own request for dismissal from the position of Deputy Director of SIPA,” states the Independent Board's response.

The Independent Board could not comment on Galić's personal request because it is not competent to do so, making it even more strange that they mentioned it at all in their response.

For Galić's dismissal to be lawful, there must be evidence and fulfillment of legal requirements; otherwise, in any court proceedings initiated by Galić, any unlawful action by the Council of Ministers would work in his favor.

If Galić were to be dismissed at his request, it would grant him benefits while he is on the run from the BiH judiciary. On the other hand, an unlawful dismissal could have far greater consequences and potentially allow Galić to return to his position until the end of his term.

It is also unclear when Galić fulfilled the conditions for retirement and why the Independent Board did not consider this during his appointment as Deputy Director of SIPA.

The answer is self-evident: Galić is a trusted man of the HDZ, which enabled him to move from one position to another. Similarly, the Independent Board has three members close to the HDZ, and it is evident that there was neither willingness nor consensus to propose exclusively Galić's dismissal and the reasons for it to the Council of Ministers of BiH. Consequently, HDZ cadres in the Council of Ministers of BiH want to facilitate Galić's departure from the position as smoothly as possible and are trying to avoid dismissal.

Starting next week, Galić will be in the Interpol database, as the Court of BiH has approved the issuance of a red notice. Galić has been on the run since July 8, illegally crossed the border, and is in Croatia. He is suspected of corruption, specifically the criminal offense of accepting bribes and abuse of office and authority while he was Director of the Border Police of BiH.