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According to the analysts, boisterous and negative reactions from Republika Srpska (RS) regarding the decision on the suspension of the investigation against a number of suspects in the “Dobrovoljacka” case, represents “political pressure” and “manipulation of the nation”.
They point out that the representatives of the RS did not set any new requirements but that they now have changed how they seek to achieve their goals.
Analysts said the announcements of the RS authorities, that they will through parliamentary procedures at the state level require the abolition of the Court and the Prosecution of Bosnia and Herzegovina, and that international judges and prosecutors should be declared as persona non grata, are not serious since they cannot be achieved.
“The reaction is expected. It carries in itself a kind of intensified emotional reaction, which was expected since the position of the political factors in the RS is known. However, when we turn things back, these claims are nothing new”, points out Tanja Topic, an analyst from Banja Luka.
She reminds that the request for the abolition of the Prosecution and the Court of Bosnia and Herzegovina also existed before, and this is why the so-called structured dialogue on the judiciary has been initiated.
The dialogue ensued after the RS National Assembly suspended its decision on a referendum in April 2011, and under which it was envisaged that the inhabitants of the RS pronounce themselves immune to “imposed decisions of the High Representative regarding the Court and the Prosecution”.
Kasim Trnka, professor from Sarajevo, believes that the agreement with the European Union (EU) following the decision of the referendum last spring, has “brought to reason” the RS authorities.
“Now, they have finally decided to exercise their interests by a constitutional manner. This also means that the abolition of the Court and the Prosecution, as well as the High Judicial and Prosecutorial Council (HJPC) of Bosnia and Herzegovina is possible and only legal if the Parliamentary Assembly itself, which has passed these laws, abolish or change them”, said Trnka.
He adds that, unlike the announced referendum by which the RS would take over “competencies that do not belong to it“, a new initiative represents a “significant step forward to go by the normal way“.
Trnka and Topic, just like Miroslav Zivanovic and Mile Lasic, professors from Banja Luka and Mostar, believe that there is no possibility of adopting the proposal of law on the abolition of the Court and the Prosecution of Bosnia and Herzegovina, whose instigation through the parliamentary procedure was announced by Milorad Dodik, President of the RS.
“They know they cannot pass through the Parliamentary Assembly of Bosnia and Herzegovina with this initiative, because it would be blocked in entity voting and this time the entity voting would be wrecked on Dodik’s head”, said Lasic.
In his opinion, this is one of a series of initiatives which are aimed at dismantling the common institutions, which are “necessary to have on the level of every country whether it is centralised or decentralised”.
“This is a matter of releasing the marbles in the process of the further degradation of Bosnia and Herzegovina. This initiative is not serious, but just a move for the amusement and manipulation of the nation and the public, which alienate Bosnia and Herzegovina from the legal sovereignty and the European path”, said Lasic.
Zivanovic believes that, despite the fact that “a crime was committed in Dobrovoljacka Street and that the personal responsibility exists”, the problem is that certain events are always politicised.
“Sometimes these reactions are severe and sometimes they are mild, but it is particularly interesting that this is now connected with the formation of the Council of Ministers and with the Prosecution. I think that it is wrong. Unfortunately, they all play with the threats and proposals so that all of us who live here are held as hostages”, said Zivanovic.
The Prosecution of Bosnia and Herzegovina is conducting an investigation into the murder of seven and wounding of 14 people in Dobrovoljacka Street.
However, Topic believes that Dodik’s earlier conditioning of the formation of the Council of Ministers by the Dobrovoljacka Street investigation will not hinder the definite establishment of the executive power at the state level.
“I think that the fact that after a meeting, they came out with the proposals for ministers shows that formation of the Council of Ministers will not be prevented”, says Topic.
In her opinion, the second request by which the international judges and prosecutors would be declared as undesirable will not be met, and that this request also represents political pressure.
“In this overall event, the most interesting to me is the reaction of the Party of Democratic Action (SDA), which in some way goes towards calming the situation. They assert that someone is guilty, but that the court should determine it. The ball is switched to the court, although to be totally honest, the majority of the opinions are that the institutions at all levels are under political control”, says Topic.
M.T.
