Schmidt refuses to sign legal team's interpretation that Dodik cannot be SNSD president, fearing 'further escalation'

(Patria) - High Representative Christian Schmidt does not want to sign the interpretation of the OHR legal team according to which Milorad Dodik cannot be the president of the Alliance of Independent Social Democrats (SNSD), it has been learned by Istraga.ba.

The OHR legal team prepared an act stating that, in accordance with the verdict of the Court of Bosnia and Herzegovina, Dodik cannot perform the duty of SNSD president because the party is financed with budget money, but Schmidt, according to Istraga's information, told his associates "that it is not the time to raise new tensions."

Dodik's mandate as head of the SNSD was also discussed at the last session of the Peace Implementation Council. The British, Istraga learns, said that Dodik cannot sign SNSD acts and that, according to their interpretation, he cannot perform the duty of party president. However, even after that, Schmidt did not react.

In the meantime, Milorad Dodik, as president of the SNSD, is regularly communicating with the Central Election Commission of Bosnia and Herzegovina regarding the upcoming early elections for the President of Republika Srpska.

Milorad Dodik, we recall, was convicted for the criminal offense prescribed by Article 203a of the Criminal Code of Bosnia and Herzegovina, which states: "An official in an institution of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, Republika Srpska, Brčko District of Bosnia and Herzegovina, or in a canton, city or municipality or local community or any body of local administration and self-government, or a responsible person who does not apply, implement, execute or otherwise respect a decision of the High Representative for Bosnia and Herzegovina, or who prevents or otherwise obstructs the application, implementation or execution of such a decision, shall be punished by imprisonment from six months to five years."

For the criminal offense, the Law states, from this article, a security measure prohibiting the performance of duties shall be imposed.

In addition, in accordance with Articles 113 and 114 of the Criminal Code of Bosnia and Herzegovina, a conviction for this criminal offense has the following legal consequences of conviction:

a) termination of official duty and termination of employment;

b) revocation of decorations;

c) prohibition on performing official duties in the legislative, executive, judicial, administrative or any body that is fully or partially financed from public funds; and

d) prohibition on acquiring official duties in the legislative, executive, judicial, administrative or any body that is fully or partially financed from public funds.

According to the provisions of the Criminal Code of Bosnia and Herzegovina, the legal consequence of a conviction for the criminal offense for which Milorad Dodik was convicted also implies a prohibition on acquiring official duties in the legislative, executive, judicial, administrative or any body that is fully or partially financed from public funds.

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SNSD se finansira budžetskim novcem, samo je taj novac deponovan: Milorad Dodik ne može ostati na čelu stranke!

Piše: Rasim BelkoU zemlji gdje se Ustav čita kao horoskop, a odluke visokog predstavnika tumače kao vremenska prognoza, politički opstanak Milorada Dodika već odavno nije pitanje prava – već dogovora iza zatvorenih vrata. A kad pravna fikcija

The Law does not clearly define what a body is, so it cannot be said with certainty whether a political party is a "body." This means it is not clear whether Milorad Dodik can remain president of the SNSD.

In addition, in April this year, the OHR adopted a Decision suspending all payments of budget funds for the purpose of financing political parties for the SNSD and United Srpska.

"All payments of budget funds for the purpose of financing the political parties SNSD and United Srpska in the Parliamentary Assembly of Bosnia and Herzegovina, the Parliament of the Federation of Bosnia and Herzegovina, the National Assembly of Republika Srpska, cantonal assemblies, city and municipal assemblies/councils and the Assembly of Brčko District of Bosnia and Herzegovina are immediately suspended," the OHR decision states.

Despite this, the OHR legal team believes that Milorad Dodik cannot perform the function of SNSD president because budget money is allocated for that party, but the party cannot use it. However, High Representative Christian Schmidt still does not want to issue an interpretation.

Judge of the Court of Bosnia and Herzegovina Sena Uzunović, who is the only one competent for the execution of the criminal sanction imposed precisely by her verdict, also does not want to issue an interpretation of her own decision on whether Dodik can be president of the SNSD.

It was Judge Uzunović who had the authority to send a letter to the Basic Court in Banja Luka where the SNSD is registered. However, she, like Schmidt, has not done so to this day.

Using this legal vacuum created by Christian Schmidt and Sena Uzunović, Milorad Dodik today sent the SNSD's application for the upcoming early elections to the CEC.

Along with the application, he submitted a court registration decision in which he is listed as the president of the SNSD. The CEC will probably make a decision on certifying the SNSD for participation in the early elections.

The opposition from RS, however, can file an electoral appeal against this CEC decision to the Appellate Division of the Court of Bosnia and Herzegovina, where this institution, the Court of Bosnia and Herzegovina, would have to declare whether Dodik can be president of the SNSD.