Minister of justice of Republika Srpska Goran Selak said that the letter sent by the High Judicial and Prosecutorial Council of Bosnia and Herzegovina to courts regarding the request to remove Milorad Dodik, leader of the Alliance of Independent Social Democrats, from the register of political parties is, at the very least, legally problematic and represents unacceptable interference in judicial proceedings.
“The HJPC is not a party to the proceedings nor does it have procedural legitimacy to initiate or accelerate actions in cases being conducted before a court. The procedure for banning the work of a political organization or removing its president from the register can only be initiated ex officio by the court or upon the proposal of the competent prosecutor. Any attempt to influence that process from the outside represents direct pressure on the court,” Selak said.
The minister recalled that the HJPC is a regulatory body whose role is to ensure the functioning of the judicial system, but that it does not have the authority to supervise the merits of judicial decision-making in individual cases.
“Requesting that the court submit information within eight days on ‘activities undertaken regarding the removal’ directly interferes with the independence of the presiding judge and the court president. The HJPC may request statistical data or general information about the duration of proceedings, but it must not influence their outcome,” the minister said.
Selak warned that such actions could threaten the fundamental principle of judicial independence.
“Letters suggesting what a court should do amount to assuming the role of a judge. This represents an overstepping of legal authority and a serious blow to judicial independence. The Ministry of Justice of Republika Srpska believes that such interventions are not in line with constitutional principles and could undermine the integrity of the judicial system,” Selak concluded.
The Office of the Disciplinary Prosecutor of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina has opened a case against judges of the Basic Court in Banja Luka who have refused to implement the ruling of the Court of Bosnia and Herzegovina and remove Dodik from the register as president of the party.
Source: RTRS
