Statement by the Troika on the verdict in the 'Slaven Kovačević' case

(Patria) - SDP BiH, Narod i pravda and Naša stranka on the occasion of the European Court of Human Rights verdict in the 'Slaven Kovačević' case and initial reactions to this verdict.

"The European Court of Human Rights has confirmed in several earlier cases that citizens of Bosnia and Herzegovina are discriminated against. Citizens who do not declare themselves as members of one of the three constituent peoples, as well as members of constituent peoples depending on where they live, are clearly discriminated against because they are prevented from running for certain positions within the system of government of Bosnia and Herzegovina. Appellants Jakob Finci and Dervo Sejdić, Azra Zornić, Ilijaz Pilav, Samir Šlaku and Svetozar Pudarić clearly demonstrated in five earlier verdicts that the removal of this discrimination remains an obligation of the institutions of Bosnia and Herzegovina, which must be fulfilled on the Euro-Atlantic path of our country.

The verdict in the 'Slaven Kovačević' case has yet to be published in order to see the court's position more clearly and precisely. However, it is important to note that all earlier verdicts of the European Court of Human Rights remain in force and they undoubtedly confirm that discrimination exists. Claims that the 'Slaven Kovačević' case involves a 'political verdict' and that the court's impartiality is being questioned can only harm Bosnia and Herzegovina, earlier appellants, and previous verdicts in which discrimination was confirmed.

Allegations that the parties of the 'Troika' contributed in any way to the rejection of Slaven Kovačević's request we see as malicious and populist. After such a verdict of the European Court of Human Rights, those who filed the appeal should be at least a little self-critical and ask themselves how wise it was for the appellant to be someone who declared himself a member of one of the constituent peoples (Croat) and, as such, voted and was elected to certain positions in the system of government. Moreover, the fact that the appellant is also a Croatian citizen obviously enabled Croatia to actively participate in the proceedings. Ultimately, it is certain that the court rejected the lawsuit and overturned the first-instance verdict precisely because of these facts.

Such an amateurish appeal has harmed a considerable number of citizens of Bosnia and Herzegovina who have truly never declared themselves as members of any constituent people and who are continuously discriminated against in that their right to vote is denied. Unfortunately, the amateurism that accompanied this appeal reminds us of the revision of the genocide verdict from 2017, a unique opportunity that Bakir Izetbegović ruined with his incompetence, inaction and populism.

Željko Komšić's Democratic Front primarily used Slaven Kovačević's appeal for political and pre-election purposes, which ultimately caused immeasurable harm to the citizens of this country who are fighting to prove that discrimination exists. Discriminated persons deserve every support and understanding. Those who are ready in one term to declare themselves as a member of a constituent people and seek Croatian citizenship based on ethnicity, and then, in another term, for the sake of populism and cheap political points, sue Bosnia and Herzegovina, deserve every contempt.

Unfortunately, it has been shown on several occasions that Željko Komšić's Democratic Front is ready to abuse and waste strategic issues for this state solely for gaining cheap political points. For two full decades, such an approach has not removed discrimination, has not contributed to Bosnia and Herzegovina, and has in no way improved the situation of anyone. Such an approach has benefited a narrow circle of people who have survived for 20 years by abusing the existing system without a real desire to remove discrimination or improve the legal order in any way.

It was precisely Željko Komšić, together with Željka Cvijanović, who caused incalculable diplomatic damage to Bosnia and Herzegovina and damaged the reputation of BiH precisely at the European Court of Human Rights by refusing to participate in the procedure for appointing a judge from BiH. After years of pressure, he finally did so in May, at the proposal and insistence of Denis Bećirović.

The verdict in the 'Slaven Kovačević' case should not be an occasion for gloating or any cheap political points. The obligation of all political actors is to work on the implementation of earlier verdicts and the removal of discrimination. Finding possible solutions that will remove discrimination and clearly respect all citizens, regardless of whether they declare themselves as members of constituent peoples or not, is the key task that should bring together all political representatives," the statement said.