Bosnia's Prosecutor's Office will not investigate former minister Bukejlović even though he adopted the Rulebook on the establishment of the RS HJPC

(Patria) - The State Prosecutor's Office has issued an order not to conduct an investigation against the former Minister of Justice of Republika Srpska, Miloš Bukejlović, for failing to implement the decision of the Constitutional Court of Bosnia and Herzegovina on the temporary suspension of the law that would establish a parallel entity judicial regulatory body, Detektor has confirmed.

Although the State Prosecutor's Office received the Constitutional Court's ruling, which was "entered into the criminal case assigned to the acting prosecutor," months later it issued an order that the investigation would not be conducted, which was confirmed to Detektor by this judicial institution.

In April last year, the Constitutional Court of Bosnia and Herzegovina issued a ruling on the non-execution of this court's decision regarding the temporary suspension of the Law on the High Judicial and Prosecutorial Council (HJPC) of Republika Srpska, with the explanation that the then entity Minister of Justice, Miloš Bukejlović, by adopting the rulebook on the procedure for candidacy and election of the first members of the RS HJPC, did not respect the final and binding decision, which entails criminal liability.

The Constitutional Court of Bosnia and Herzegovina confirmed to Detektor that they had previously received notification from the Prosecutor's Office of Bosnia and Herzegovina that no investigation would be launched against Bukejlović for the criminal offense of "failure to execute a decision of the Constitutional Court of Bosnia and Herzegovina, the Court of Bosnia and Herzegovina, the Human Rights Chamber" because there are no grounds for suspicion that the reported person committed a criminal offense.

As stated in the response of the Constitutional Court, the notification from the Prosecutor's Office, among other things, states that in practice no actions were taken with the aim of further implementation, and that there is no information that members of the RS HJPC have been appointed to date, nor that it has held a session, while the deadlines for holding the same have expired.

The response states that ultimately, the conclusion is drawn that the Prosecutor's Office of Bosnia and Herzegovina, after conducting checks and obtaining documentation in the specific case, determined that from the fact that the disputed Law on the Non-Application of Laws and Prohibition of the Operation of Unconstitutional Institutions of Bosnia and Herzegovina, by which the HJPC of Bosnia and Herzegovina was declared unconstitutional on the territory of Republika Srpska, ceased to be valid, the establishment of the High Judicial and Prosecutorial Council of Republika Srpska and the Rulebook on the procedure for candidacy and election of the first members of the RS HJPC were nullified by force of law, and therefore there are no grounds for suspicion that the reported person committed the criminal offense with which they are charged.

"By adopting a ruling establishing that a decision of the Constitutional Court has not been executed and submitting the ruling to the competent prosecutor's office, the possibilities, i.e., the competences of the Constitutional Court regarding the non/execution of decisions it makes, are exhausted," the Constitutional Court told Detektor.

According to the Constitutional Court, Bukejlović was obliged to cease all actions based on the law that was suspended, including actions aimed at publishing the adopted rulebook in the "Official Gazette of Republika Srpska."

In early March last year, the Constitutional Court temporarily suspended the Law on the HJPC of Republika Srpska, as well as all acts adopted based on this law, "because it creates a serious threat to the already established judicial system," until a final decision is made.

In October last year, deputies in the National Assembly of Republika Srpska (NARS) annulled the unconstitutional laws on prohibiting the operation of institutions of Bosnia and Herzegovina.