Six days after the parade, the BiH Prosecutor's Office does nothing, Prof. Velić asks - what needs to happen for the competent authorities to start doing their job

By A. Čorbo-Zećo

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Today is January 15th, six full days since the parade was organized in Istočno Sarajevo to mark January 9th, when the authorities of Republika Srpska celebrate the unconstitutional day of RS.

And almost no one is talking about the celebration of the unconstitutional, legally prohibited Day of RS anymore.

The concern of foreign embassies has subsided, just like that of Christian Schmidt, who has not taken a single concrete step to punish those who organized this shameful parade. The BiH Prosecutor's Office does not want to do its job. They simply, as they always do, look for loopholes and explanations for their inaction.

The Prosecutor's Office emphasizes that until the Constitutional Court publicly and officially informs them that the decisions of the Constitutional Court are not being respected, they will not react. And failure to prosecute a criminal offense is also a criminal offense.
Probably Halil Lagumdžija and the HJPC also have their loopholes by which they do not want to, and will not, punish those responsible in the BiH Prosecutor's Office who have been silent for years and have not prosecuted those who are undermining the constitutional order of BiH, which is, in fact, the criminal offense of non-compliance with the decisions of the Constitutional Court of BiH.

Prof. Dr. Sc. Larisa Velić from the Faculty of Law in Zenica points out for Patria that one of the fundamental principles of a democratic society is the rule of law, which requires strict adherence to final court decisions.

“When it comes to the decisions of the Constitutional Court of BiH, non-compliance or failure to act upon them constitutes a criminal offense. The Constitutional Court of BiH has determined the unconstitutionality of celebrating January 9th as the Day of RS on two occasions, in 2015 and 2019.

 The decisions of the Constitutional Court of BiH are final and binding, and the celebration of the aforementioned date is an obvious demonstration of force and denial of the rule of law,” states Prof. Velić.

Regarding the Prosecutor's Office's explanations for why they are not acting, Prof. Velić notes that the entire public is aware of the 'celebration'.

“Given that the entire public in BiH is aware of the 'celebration', the BiH Prosecutor's Office, which has the jurisdiction to take appropriate measures to sanction the perpetrators, is of course also aware.
Unfortunately, it seems that the perpetrators of this criminal offense will go unpunished this time as well, and given that they demonstrated force and intimidated citizens, it is realistic to ask what needs to happen for the competent authorities to start doing their job,” states Prof. Velić.

The Criminal Code of BiH treats the non-execution of decisions of the Constitutional Court of Bosnia and Herzegovina, the Court of Bosnia and Herzegovina, or the Human Rights Chamber as a criminal offense.

Article 239 states:

-An official in the institutions of Bosnia and Herzegovina, the institutions of the entities, or the institutions of Brčko District of Bosnia and Herzegovina, who refuses to execute a final and enforceable decision of the Constitutional Court of Bosnia and Herzegovina, the Court of Bosnia and Herzegovina, or the Human Rights Chamber, or prevents such a decision from being executed, or otherwise obstructs its execution, shall be punished with imprisonment from six months to five years.

However, the inaction of the BiH Prosecutor's Office shows that SNSD officials are protected.

The Institute for Research of Genocide Canada also demands a concrete statement from the Chief Prosecutor of Bosnia and Herzegovina, Milanko Kajganić, on when the Prosecutor's Office will prosecute the anti-constitutional and anti-state celebration of the entity day of Republika Srpska.