Indictment for "non-implementation of OHR decisions", while "compromise and consensus" are needed for implementing decisions from Strasbourg

By: Istraga.ba

Why is the non-implementation of decisions by the Office of the High Representative (OHR) a criminal offense, while the non-implementation of judgments by the European Court of Human Rights from Strasbourg is not?

If "political consensus" is necessary for the implementation of the Strasbourg judgment, as the US Embassy claims, why then was the indictment against Milorad Dodik for not implementing the decision of High Representative Christian Schmidt welcomed?

Therefore, one criminal offense can be covered by compromise, and another criminal offense cannot. This is, more or less, how "international" law of Western embassies located in Sarajevo, which a few months ago advocated for and achieved the suspension of the BiH Constitution for one day, looks and sounds.

On July 1st of this year, High Representative Christian Schmidt imposed amendments to the Criminal Code of Bosnia and Herzegovina. These amendments introduced a new criminal offense - non-implementation of decisions of the High Representative.

"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 with imprisonment from six months to five years," reads the provisions of the Criminal Code of BiH imposed by Schmidt.

Based on this article, the BiH Prosecutor's Office filed an indictment against Milorad Dodik in the "Decree" case.

"Respecting the legal and constitutional framework and supporting the rule of law is of fundamental importance for any democratic society. It is an obligation for everyone, as no one is above the law. The OHR calls on all citizens and officials to respect the laws," stated the OHR's comment after the indictment against Dodik.

"The indictments of the Prosecutor's Office of Bosnia and Herzegovina against Dodik and Lukić are an important step in implementing the rule of law, which is the foundation of every democracy. The laws of BiH apply to all citizens.

No individual stands above the law. We expect the institutions of BiH and all citizens to respect the relevant processes involved in upholding these laws," stated the US Embassy in BiH regarding the indictment against Dodik.

And now let's look at the reactions to the decision of the European Court of Human Rights in Strasbourg in the case "Slaven Kovačević v. Bosnia and Herzegovina". Firstly, most ruling officials, from the SDP, SNSD, to the HDZ, have questioned the implementation of that judgment. Here's what the provisions of the Criminal Code of BiH imposed by the High Representative state:

"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 final and binding decision of the Constitutional Court of Bosnia and Herzegovina, including a decision on a provisional measure, a final and enforceable decision, or a provisional measure of the Court of Bosnia and Herzegovina, the Human Rights Chamber of Bosnia and Herzegovina, or the European Court of Human Rights, or who prevents or otherwise obstructs the application, implementation, or execution of such a decision, shall be punished with imprisonment from six months to five years," it is stated in the Criminal Code of BiH.

"If Bosnia and Herzegovina wants a future within Euro-Atlantic institutions, the judgments of the European Court of Human Rights will have to be implemented, but these judgments can only be implemented if local politicians step up and do the hard work of negotiation, consensus building, and compromise," stated the US Embassy's reaction after the decision in the "Kovačević v. BiH" case.

Therefore, one must be held accountable for not implementing OHR decisions, while implementing decisions from the European Court in Strasbourg requires "consensus and compromise."