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Sarajevo, (Fena) – The Court of Bosnia and Herzegovina on Wednesday delivered a first-instance verdict to the President of the Republika Srpska (one of the entities in BiH) Milorad Dodik, sentencing him to one year in prison and imposing a ban on holding the political office of President of the Republika Srpska for six years.
– The Court sentenced the accused Milorad Dodik to one (1) year in prison and imposed a security measure prohibiting the performance of the duties of the President of the Republika Srpska for six (6) years from the date of the finality of the verdict – was announced by the Court of BiH.
This is a first-instance verdict, which is not yet final. It will become final after the defense and the prosecution file appeals, and the second-instance panel of the Court of BiH makes its decision. The second-instance verdict is expected to be delivered by the end of this year.
If the final verdict confirms the first-instance decision, it would mean that Dodik will not be able to perform the function of President of the Republika Srpska for the next six years. As for the prison sentence, given that he is sentenced to one year, according to the applicable law, he will be able to redeem it for an amount of about 36,000 KM.
On the other hand, the director of the Official Gazette of the Republika Srpska Miloš Lukić was acquitted of the charges.
With the confirmed indictment of the Prosecutor’s Office of BiH, Milorad Dodik and Miloš Lukić were accused as officials of the institutions of the Republika Srpska for not implementing and applying the decisions of the High Representative in Bosnia and Herzegovina.
The indictment states that Dodik and Lukić, from July 1 to 9, 2023, in Banja Luka, as officials of the institutions of BiH, consciously and deliberately ignored the decisions made by High Representative Christian Schmidt.
These decisions prevented the entry into force of the Law on Non-Application of the Decisions of the Constitutional Court of BiH as of July 1 of the same year and the Law on Amendments to the Law on the Publication of Laws and Other Regulations of the Republika Srpska. Despite this, they undertook actions aimed at continuing the legislative process, not applying the decisions of the High Representative.
– The defense’s assertion – that Christian Schmidt is not a legally appointed High Representative and that he therefore lacks legitimacy to make laws, and that he does not have the authority to impose laws – is unfounded – said Judge Sena Uzunović in the reasoning of the verdict.
She noted that the answer to these legal questions was provided by the Constitutional Court in certain decisions, and that they are accepted by the Court of BiH.
Explaining the sanction, Uzunović noted that for failing to implement the decisions of the High Representative, a sentence of six months to five years in prison is prescribed, and as a mandatory measure, a ban on performing duties from one to 10 years is envisaged.
– There is a danger that further performance of the duties of the president of RS would be used for further violations, as he announced – said Uzunović.
Dodik and Lukić, as they previously announced, did not come to the sentencing, nor were their lawyers present.
The President of the Republika Srpska, Milorad Dodik, stated immediately after the sentencing before the Court of Bosnia and Herzegovina that there is no reason for concern, and that it is important to him that the people are with him.
– We must be cheerful. I have been sentenced to their prison for one year. They say I am guilty. There is no reason for any concern. I have learned to cope with more difficult things, and I will deal with this too. It is important to me that you are here and that you are giving me support – Dodik said to those gathered at a rally held in front of the RS National Assembly building in Banja Luka while the sentencing was taking place at the BiH Court.
The commander of EUFOR forces in BiH, Major General Florin-Marian Barbu, emphasized in a conversation with the Minister of Defense of Bosnia and Herzegovina Zukan Helez that EUFOR is closely monitoring the situation in BiH and that, apart from the statements of representatives of the Bosnian entity, there are no indications or concrete actions that would indicate a disturbance of peace and security in BiH.
He also emphasized that EUFOR forces are adequately conceived for current security challenges, and that they have sufficient capacities – both those stationed in BiH and reserve forces ready for rapid response.
– EUFOR operates impartially, fully respecting its mandate. We continue to carry out our mission and be present wherever it is necessary – emphasized Barbu.
The Head of the EU Delegation and EU Special Representative in Bosnia and Herzegovina, Luigi Soreca, commenting on the current political situation in Bosnia and Herzegovina in the context of the verdict against Dodik, stated that “The European Union is unequivocally committed to the European perspective of Bosnia and Herzegovina as a single, cohesive, and sovereign country”.
– The European Union calls on all political actors in Bosnia and Herzegovina to restrain and reject provocative rhetoric and actions that cause divisions, including questioning the constitutional order, sovereignty, integrity and territorial integrity of the country – Soreca stated.
The US State Department welcomed the first-instance guilty verdict against the President of the Republika Srpska, Milorad Dodik.
State Department spokeswoman Tammy Bruce posted on the official website on the platform X that they respect the verdict of the Court of Bosnia and Herzegovina against Milorad Dodik.
– The United States has invested decades in a stable Bosnia and Herzegovina. We are firmly opposed to any actions of local leaders that would undermine security and stability. We support Dayton and the sovereignty and territorial integrity of Bosnia and Herzegovina – Bruce emphasized.
The National Assembly of the RS entity tasked the government of that BiH entity on Wednesday evening to prepare and submit to the Assembly laws “that will prohibit the functioning of bodies not defined by the Constitution of Bosnia and Herzegovina on the territory of RS,” particularly the High Judicial and Prosecutorial Council BiH, the Court BiH, the Prosecutor’s Office BiH, and the BiH Investigation and Protection Agency.
This is one of the conclusions adopted last night by the RS National Assembly after the same day’s verdict was pronounced against Dodik before the BiH Court.
The President of Serbia, Aleksandar Vučić, arrived in Banja Luka on Wednesday night after the verdict against Dodik. After a meeting with representatives of RS entity institutions, he said that he “asked President Dodik to call for talks with all political actors due to the newly arisen situation following today’s verdict.”
– I asked President Dodik to seek talks with everyone in RS and BiH, with actors in the EU, USA, China, and Russia, and I urge the people and politicians in RS on unity. That is the most important thing at this moment – Vučić said after talks with Dodik.
The Court of Bosnia and Herzegovina, due to great public interest, also clarified that the legal consequences of the conviction, for the criminal act for which the accused Milorad Dodik was found guilty in a non-final manner, are enumerated in the provisions of the Criminal Code of BiH.
In accordance with the articles of that Code, the conviction for criminal acts has as a legal consequence of the conviction: termination of official duties and termination of employment; revocation of decorations; prohibition from performing official duties in the legislative, executive, judicial, administrative, or any organ wholly or partially funded from public funds and a ban on acquiring official duties in the legislative, executive, judicial, administrative, or any organ wholly or partially financed from public funds. (27.02.)