The 'Ljubić Verdict' Case, Declared Resolved, is Being Repaired, the Prosecutor's Office is Gifting an Ace Up its Sleeve to Dragan Čović and Leading Us into Anarchy!

By: Rasim Belko @rasimbelko

Dragan Čović, leader of HDZ BiH, stated last week that a letter arrived from the BiH Prosecutor's Office to the Parliamentary Assembly seeking information on the non-implementation of the Ljubić verdict.

On this occasion, we asked if the BiH Prosecutor's Office had sent the letter Čović was referring to?

Response from the BiH Prosecutor's Office: Several cases related to the non-execution of decisions of the BiH Constitutional Court are currently being processed. In these cases, allegations are being verified, and information is being sought from specific institutions, legal entities, and natural persons connected to the execution process of the decisions”.

We also asked if the BiH Prosecutor's Office had sent a letter or initiated proceedings against those responsible for not executing the decision of the BiH Constitutional Court related to the task of the Concessions Commission concerning the “Buk – Bijela Hydroelectric Power Plant” project.

The BiH Prosecutor's Office responded: “Recently, in the case concerning the Concessions Commission, which you are asking about, specific documentation has been requested from the Court of BiH and the Concessions Commission, which is necessary for making a prosecutorial decision in that case. Similarly, in other cases, including the one related to the Ljubić case, specific data or documentation has been requested from the competent institutions”.

We did not receive answers to two questions, or rather, we were told that we must ask specifically about each case individually. And we did ask – the legislative and executive authorities, by the decision of the NSRs, do not respect the decisions of the BiH Constitutional Court; have letters been sent to them as well, and have proceedings been initiated in those cases for the non-implementation of multiple verdicts of the Constitutional Court concerning state property, as well as other acts?

We also asked – recently, in an interview, the President of the BiH Constitutional Court, Valerija Galić, stated that the Prosecutor's Office had suspended investigations in a significant number of cases of non-implementation of Constitutional Court decisions, and for some, had not even provided information to the Constitutional Court about their status. Can this be interpreted as a selective approach to cases?

And we received the following response: “The complainant is informed of prosecutorial decisions in accordance with the law, when prescribed by law, so we cannot provide a specific answer to the last question without referring to a specific case that interests you”.

It is clear to few in Bosnia and Herzegovina that our judiciary has long been under the firm control of political parties and their cadres. That is why it is possible for the BiH Prosecutor's Office to request documentation from the State Parliament regarding the “Ljubić” verdict, which the High Representative Christian Schmidt stated was “legally concluded,” and after his impositions on election night in October 2022.

It is even easier to understand that the story about the investigation into the “non-implementation of the Ljubić verdict” is actually a catheter to direct public attention in the direction desired by Dragan Čović. Because, by activating the story about the “Ljubić verdict,” the leader of HDZ BiH gains an additional ace up his sleeve for the heated spring battles over amendments to the Election Law.

On the other hand, the Prosecutor's Office can sell the story about recently requesting something regarding the Concessions Commission to small children. Because, in mid-2021, the Commission received an order from the BiH Constitutional Court to resolve the dispute of the “Buk Bijela” Hydroelectric Power Plant, and after they did not meet the deadline of a total of nine months, nothing concrete was done. The entire case only began to be investigated in 2024.

Disregarding the decisions of the BiH Constitutional Court is a criminal offense, and in the entity of Rs, the highest legislative and executive bodies of authority do not respect the decisions of the Constitutional Court. It cannot be more concrete and clearer. However, so far, we have not had a single prosecutorial decision to initiate proceedings against those responsible, who would also be charged with undermining the constitutional order. Because, disregarding the decisions of the Constitutional Court and the official decision not to apply them is the destruction of the constitutional order of this country.

I don't know what is unclear about the accusations of the President of the BiH Constitutional Court, Valerija Galić, that the BiH Prosecutor's Office has not even provided information on the status of certain cases, so the Prosecutor's Office does not answer that question.

And in fact, everything is clear, because it is obvious that for the sake of political needs, some cases, such as the “Ljubić verdict,” are being repaired even though the supreme interpreter of Dayton, the High Representative, said that this case was legally concluded.

“Only selective justice is worse than injustice. And the powerful figures in the BiH Prosecutor's Office (on the wings of various entities, ethnicities, and politics) serve us this selective justice every day,” wrote editor Čorbo Zećo on these pages recently.

Viewed in this direction, selective prosecution of Constitutional Court of BiH decisions could lead to the complete collapse of the constitutional order of BiH, and thus to the trivialization of the judicial apparatus, and that has only one name in its definition – anarchy.

If we reach that stage, where the Prosecutor's Office, which selectively chooses cases, is pushing us, it will no longer matter which institution, which law; only the law of the strongest will prevail, and Bosnia and Herzegovina will be returned to the period of its dark past. All because of Čović and his need for legitimate representation!