At the upcoming session of the European Court of Human Rights in November, Christian Schmidt is set to testify in the case of Kovačević, which addresses the issue of constitutional changes in BiH. The defense lawyer for the President of Republika Srpska, Goran Bubić, is asking whether this could be an opportunity for the court in Strasbourg to encourage Schmidt to finally appear as a witness in the ongoing trial against Milorad Dodik and Miloš Lukić before the BiH Court.
Such a testimony could clarify any uncertainties regarding Schmidt’s status, but legal experts suggest that the court process thus far has deliberately avoided calling Schmidt to the stand. The fact that Schmidt will appear as a witness before the European Court of Human Rights raises the question of why he refuses to testify before the BiH Court in the case involving the President of Republika Srpska and the acting director of the Official Gazette. The reason seems simple: in Strasbourg, he will be accepted as the High Representative, whereas in BiH, Schmidt would likely struggle to prove this status under cross-examination by Dodik’s and Lukić’s defense attorneys.
- “This action by the European Court of Human Rights should encourage the BiH Court to summon Schmidt and hear his testimony in the criminal case against President Dodik and Miloš Lukić. Appearing before the court of the country where he resides, albeit under contradictory circumstances, should not be seen as demeaning but rather as a demonstration of respect for the BiH judiciary,” said Goran Bubić, representing the President of Republika Srpska.
Judge Sena Uzunović rejected the defense’s request for Schmidt to testify, citing his diplomatic immunity. Instead of a relevant UN Security Council resolution confirming his appointment, a document from the Ministry of Foreign Affairs from December 2023 regarding Schmidt’s diplomatic status as the High Representative was mysteriously introduced, likely through intervention by former court president Ranko Debevec. The document in question is not mentioned in the indictment and is not referenced in the criminal case file.
- “Documents have appeared in the court file that have not been submitted as evidence. In these documents, Germany allegedly stated that Schmidt is the High Representative, and the OHR provided this to the Ministry of Foreign Affairs to grant him a full immunity ID card. The Vienna Convention does not foresee this,” explained Miljkan Pucar, an attorney involved in the case.
The fact that Schmidt has been called to testify before the European Court of Human Rights, regardless of the context, suggests that there is no reason he should not be called as a witness before the BiH Court. His testimony would clarify who appointed him, when, and how, which would reveal the truth, legal experts argue.
- “The criminal charges against both Lukić and President Dodik revolve around the non-execution of decisions by the High Representative. The logical step is to summon the man himself. The first and most basic question should be, ‘Are you the High Representative, or are you falsely representing yourself?'” said Miodrag Stojanović, another attorney in the case.
It is expected that Schmidt will not appear before the BiH Court, as it would unravel the claim that he is the legitimate High Representative with the authority to intervene in domestic legislation—claims that serve as the basis for the legal actions against the legitimately elected President of Republika Srpska.
Source: RTRS
