The incomplete Constitutional Court of Bosnia and Herzegovina — operating without Serb judges — has rejected the appeal filed by the defense of President Milorad Dodik against the verdict of the Court of BiH, which sentenced him to one year in prison and six years of disqualification from political office for “non-compliance with the decisions of Christian Schmidt.” Dodik’s legal team has announced an appeal to the European Court of Human Rights in Strasbourg. Legal experts agree that the Constitutional Court is acting politically rather than legally and has missed the opportunity to return to the Constitution.
President Dodik’s lawyer, Goran Bubić, told RTRS that the next step is proceedings before the European Court, emphasizing that the incomplete Constitutional Court of BiH confirmed that the Constitution of BiH — as the highest legal act — is not being applied, but rather the political decisions of a self-appointed foreigner.
“The European Court has full jurisdiction, and we hope it will accept our appeal. The deadline for submission is long, but we will file much earlier,” Bubić said.
Lawyer Miljkan Pucar stressed that the Constitutional Court of BiH continues to engage in politics instead of law and fails to uphold the very Constitution it is meant to protect.
“It is unacceptable that the Constitutional Court of BiH, as the highest legal institution, does not respect the Constitution and, in its explanation, claims that the high representative — even though he has no UN Security Council resolution and was not appointed in accordance with the General Framework Agreement for Peace in BiH — can intervene in the BiH legal system,” Pucar said for RTRS.
Legal expert Ognjen Tadić stated that by rejecting President Dodik’s appeals, the members of the incomplete Constitutional Court missed an important opportunity to return to the principles of the state and Constitution they are obliged to uphold, and that the legal battle will now be internationalized through proceedings before the European Court of Human Rights.
“When a constitutional court in any country refuses to protect constitutionally guaranteed human rights and freedoms from a foreigner who undermines them — someone without any legal mandate who imposes laws that criminally punish citizens for disobedience — it becomes clear that such a court is acting unconstitutionally and undermining all principles of the rule of law,” Tadić said.
Lawyer Goran Petronijević added that by rejecting the appeal, the Constitutional Court of BiH missed its chance to prevent the internationalization of what he described as Bosnia and Herzegovina’s legal disgrace — something that now appears inevitable.
“We must appeal to the European Court of Human Rights in Strasbourg. Then everyone will see what has been happening in BiH and how,” Petronijević concluded.
Source: RTRS
