Staniša Gluhajić still on sick leave: Will the Court of BiH replace the presiding judge in the case against Dodik?

(Patria) - Staniša Gluhajić, president of the Appellate Chamber of the Court of Bosnia and Herzegovina, which is to try Republika Srpska President Milorad Dodik in the second-instance proceedings, has not yet returned from sick leave, Istraga.ba learns.

We recall that the public session of the Chamber of the Appellate Division of the Court of BiH in the case against the accused Milorad Dodik and Miloš Lukić is scheduled for June 12.

Without the presence of the president of the judicial panel, this hearing cannot be held. Therefore, the Court of BiH, as we learn, is considering the possibility of replacing Judge Gluhajić. Thus, if Gluhajić does not close his sick leave by Wednesday, the Court of BiH will appoint a new member of the Appellate Chamber. Besides Staniša Gluhajić, this panel also includes Judge Hilmo Vučinić and Judge Amela Huskić, who is the rapporteur in the Dodik case.

Judge Staniša Gluhajić suddenly went on sick leave at the end of May, after the CMS system determined that his panel would decide on appeals in the case against the President of Republika Srpska.

We recall that in February this year, Dodik was found guilty of knowingly and intentionally, from July 1 to July 9, 2023, in Banja Luka, taking actions aimed at continuing the legislative process, not applying and not implementing the decisions of the High Representative, despite knowing that High Representative Christian Schmidt had issued a decision preventing the entry into force of the Law on Non-Application of Decisions of the Constitutional Court of BiH from July 1 of the same year, as well as a decision preventing the entry into force of the Law on Amendments to the Law on the Publication of Laws and Other Regulations of the RS. He was sentenced to one year in prison and a six-year ban on political activity. Both the defense of Milorad Dodik and the Prosecutor's Office of BiH appealed this first-instance decision by Judge Sena Uzunović.

Alongside the OHR case, Dodik is also facing criminal proceedings in the case of an attack on the constitutional order of BiH. In this case, Dodik has the status of a suspect, and since he did not respond to summons from the Prosecutor's Office of BiH, a central search was issued for him and detention was ordered. However, BiH police agencies have not arrested him, even though the search was issued back in March this year. Dodik is suspected of attacking the constitutional order because he signed laws that prohibited the operation of state judicial and security agencies in the territory of the RS. The Constitutional Court of BiH annulled these laws, which were adopted by the National Assembly of the RS, and they effectively do not exist. SIPA occasionally operates in the territory of the RS, but not against Milorad Dodik, President of the National Assembly of the RS Nenad Stevandić, and Prime Minister of the RS Radovan Višković, who are covered by the same investigation.