In the continuation of the trial against Milorad Dodik, President of Republika Srpska, and Miloš Lukić, acting Director of the Official Gazette of Republika Srpska, Boran Bosančić, Chairman of the Board of the Official Gazette and Secretary-General of the National Assembly, testified at the request of the defense.
Bosančić stated that the Office of the High Representative (OHR) and Christian Schmidt do not have the authority to block the publication of laws passed by the National Assembly and signed by the President of the Republic.
The prosecution accuses Dodik and Lukić of disregarding Christian Schmidt’s decisions. Dodik emphasized that the trial before the Court of BiH is senseless and politically motivated.
In the courtroom, it was revealed that there is no original copy of the Dayton Peace Agreement nor a certified version, including Annex 10, from which Schmidt claims authority to intervene in domestic legislation. Additionally, the so-called Bonn powers, which allegedly give him extended authority, were never officially published in any legal gazette in Bosnia and Herzegovina.
Bosančić testified that the OHR and Schmidt cannot prevent the publication of laws in Srpska’s Official Gazette, despite attempts through emails. He left no doubt that the constitutional and legal procedures were fully followed concerning the enactment of the Law on Non-Application of Constitutional Court Decisions of BiH and the Law on the Publication of Laws and Other Acts of Republika Srpska.
“No one has the right to halt the publication of laws in the Official Gazette, as doing so would constitute an attack on the constitutional order. Neither OHR nor Christian Schmidt can order laws not to be published,” Bosančić said.
During cross-examination, Bosančić confirmed that Schmidt did not undergo the official procedure to be appointed as High Representative, and his nomination was neither agreed upon by the signatories of Annex 10 nor confirmed by the UN Security Council.
“We are leading a process without a legitimate representative. Even if he were legitimate, which he is not, the High Representative has no authority to interfere in the legislative process under the BiH and Republika Srpska constitutions, nor under the so-called Bonn powers,” Dodik said.
Lukić remarked that the trial against him and President Dodik demonstrates that Srpska’s leadership is ready to fight for the protection and development of the state alongside its people.
“I believe that this readiness is what bothers those who initiated this process. The outcome will show that Republika Srpska is capable of peacefully defending its territory and assets,” Lukić stated.
Bosančić confirmed that Schmidt is not recognized as the High Representative and has no role in the legal system of Bosnia and Herzegovina. He also confirmed that Dodik and Lukić acted within their constitutional and legal authority.
“The Secretary-General of the National Assembly made it clear today that the procedure in the Assembly was followed, and that the Director of the Official Gazette, or anyone else, does not have the right to stop or not publish decisions made by the Assembly,” said Miljkan Pucar, Lukić’s lawyer.
At the request of Dodik’s defense, Judge Sena Uzunović agreed that a report from the Government of Republika Srpska, submitted to the UN in April this year, would be presented as evidence at the next hearing.
“This report, regularly submitted to the UN Security Council, documents anti-Dayton actions and shows that President Dodik was not acting on his own but was implementing the lawful policy decided by the National Assembly of Republika Srpska,” said Goran Bubić, Dodik’s lawyer.
Goran Petronijević, legal advisor to Dodik’s defense team, reiterated that by the end of the trial, it will be confirmed that Christian Schmidt is not the legitimate High Representative.
The next hearing is scheduled for September 25, when Dalibor Panić, Secretary-General of the Government of Republika Srpska, will testify.
Source: RTRS
