The Constitutional Court informed the Prosecution in 2016 that the RS is not respecting its Decision on January 9

January 8, 2018 1:15 PM

The Prosecution of BiH has been informed that the entity of the RS does not respect the decision by which the marking of January 9 as the Day of the RS was declared as unconstitutional already in October 2016, as confirmed by the Constitutional Court of BiH.

The Constitutional Court of BiH issued a decision on November 26, 2015, with which was approved the request of the member of the Presidency of BiH Bakir Izetbegovic on the constitutionality of Article 3 (b) of the Law on Holidays in the RS.

From the Constitutional Court of BiH was stated that they established that Article 3 (b) of the Law on Holidays of the RS was not in accordance with Article I / 2. of the Constitution of BiH, Article II / 4. Of the Constitution of BiH in relation with Article 1.1. and Article 2 (a) and (c) of the International Convention on the Abolition of all kinds of racial discrimination and Article 1. of Protocol No. 12 with the European Convention on the Protection of Human Rights and Freedoms.

On the other side, the Prosecution of BiH has been refusing to comment on the unconstitutional marking of January 9 as the Day of the RS for already two years.

Namely, the Criminal Code of BiH stipulates that an official in institutions of BiH, entity institutions or institutions of the Brcko District of BiH, that refuses to implement the final decision of the Constitutional Court of BiH, the Court of BiH or the Chamber for Human Rights, or prevents that decision from being implemented, will be punished with imprisonment in the period between six months and five years.

Analysts speculate that the Prosecution of BiH has no will and desire to solve this criminal offense that has large consequences on political events in our country as well.

There is also a special shadow on the entire case that originates from the fact that the Court of BiH rejected the indictment of the Prosecution of BiH regarding the referendum on the Day of the RS. Before that, the Prosecution of BiH has excluded the names of the President of the RS Milorad Dodik, the Prime Minister of the RS Zeljka Cvijanovic and the Chairman of the People’s Assembly of the RS, Nedeljko Cubrilovic from the indictment.

(Source: Er. M./



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