JUDGMENT AGAINST SRPSKA PRESIDENT HAS NO JUSTIFICATION FROM LEGAL PERSPECTIVE

BELGRADE, AUGUST 5 /SRNA/ – Professor of Law at the University of Belgrade and Constitutional Court judge Vladan Petrov stated that the judgment against the President of Republika Srpska Milorad Dodik cannot be legally justified and emphasized that all legal remedies should be used, including filing a complaint with the European Court of Human Rights in Strasbourg.

"From a legal standpoint, such a final and binding judgment is indefensible, regardless of which nation you belong to. If you are an objective and competent legal expert, you cannot find justification for such a ruling," Petrov said. He assessed that the judgment is the "tip of the iceberg" of lawlessness in BiH, caused by decades of controversial actions by high representatives, especially by the illegitimate Christian Schmidt, which in that context, was expected. "Neither the Constitution of BiH nor Annex 10 of the Dayton Peace Agreement provides that the High Representative, whose decision introduced a criminal offense for non-compliance with his decisions, on which grounds President Dodik was convicted, should be a holder of any of the three branches of government in the country," Petrov stated. Regarding the next steps in the case, Petrov explained that since the judgment is final, there are no more regular legal instances available, but that the Constitutional Court of BiH could react appropriately, although, he warned, that institution has long been in a “fragile state” and currently lacks judges from Republika Srpska. "When the Constitutional Court of a country is in such a difficult position and has internal dysfunction, along with the continued presence of foreign judges, one cannot have overly high expectations. As a legal professional, I appeal for all legal options to be exhausted, including an appeal to the European Court of Human Rights in Strasbourg," said Petrov. Commenting on the statement made by Bosniak member of the BiH Presidency Denis Bećirović, who said that Serbia is not a guarantor but merely a signatory of the Dayton Peace Agreement, Petrov noted that, as a Constitutional Court judge, he cannot comment on political statements, but as a law professor, he views the statement as purely political and without any legal weight.