If the Constitutional Court of Bosnia and Herzegovina (BiH) rules in accordance with the Constitution, it will annul the verdict handed down by the Court of BiH against President Milorad Dodik, and the changed political circumstances give hope that such a decision could be made, said lawyer Goran Petronijević.
In addition to the altered political context, Petronijević said the Constitutional Court could also overturn the verdict because it would be a major embarrassment if such a decision reached the international level — namely, the European Court of Human Rights in Strasbourg.
He stated that the latest developments, including the absence of pressure from Washington, offer hope that the Constitutional Court of BiH might act in line with the law and the Constitution.
“This could happen if the Constitutional Court is no longer under strong pressure or influence from political Sarajevo or certain parts of the international community. It’s now clear that such pressure from Washington no longer exists. There is some relaxation in that regard. Perhaps it’s not yet sufficient or fully manifested, but what we can say for now is that if the Constitutional Court decides according to the law — that is, according to the Constitution — this verdict will be suspended,” Petronijević told Srna.
He assessed that from the very beginning of the proceedings against Dodik — starting with the intention to amend the Criminal Code of BiH — a predetermined chain of decisions by various institutions was set in motion, from the prosecutor’s office to the court and finally the Constitutional Court, which now operates in a reduced and unlawful composition, contrary to the Dayton Agreement.
Petronijević reminded that Christian Schmidt amended the Criminal Code of BiH by inserting a provision aimed exclusively at Dodik, while numerous legal principles were violated in the process, including the temporal validity of laws and the prohibition of retroactive application.
“Such a decision should never reach international courts such as the European Court of Human Rights in Strasbourg, because it would expose everything that is happening in BiH,” said Petronijević.
He added that encouragement also comes from a new tone coming from Washington, where officials are now reportedly calling for Schmidt to refrain from using the so-called Bonn Powers.
“That means they, too, have realized that Schmidt is illegitimate,” Petronijević stated.
He explained that a favorable decision by the Constitutional Court of BiH on Dodik’s appeal would mean returning the case to the first-instance court. If that does not happen, the defense will appeal to the European Court of Human Rights in Strasbourg.
Petronijević noted that the chances for the Constitutional Court to accept the defense’s appeal are now somewhat greater, but he remains cautious, considering the current composition of the court and its illegitimacy due to operating in an incomplete structure.
“I am not overly optimistic, but these circumstances may somewhat ease the position of the Constitutional Court and encourage it to finally adhere to the Constitution and the law,” Petronijević concluded.
The Constitutional Court of BiH has scheduled an extraordinary session for tomorrow, during which it is expected to decide on the merits of President Dodik’s appeal 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 was tried for a criminal offense introduced into the BiH Criminal Code by Schmidt’s decision.
The appeal against the Court of BiH’s verdict was submitted to the Constitutional Court of BiH — a necessary step for the case to eventually reach the European Court of Human Rights in Strasbourg.
Source: RTRS
