Almost a full day after the Prosecutor's Office of Bosnia and Herzegovina (BiH) ordered the leadership of Republika Srpska (RS) to be brought in for questioning, this has not happened.
The State Investigation and Protection Agency (SIPA), the BiH police agency, says that, although they did not refuse to assist in implementing the order of the Prosecutor's Office of BiH to bring Milorad Dodik, Nenad Stevandić and Radovan Višković for questioning, SIPA conducted a security assessment, which was assessed as high-risk and as such was submitted to the BiH Judicial Police.
Dodik, the President of the Republika Srpska, Višković, the Prime Minister of the Republika Srpska, and Stevandić, the President of the Republika Srpska Parliament, said at a press conference that they would not respond to the Prosecution's summons, which they claim is "unconstitutional".
Esad Fejzagić, a lawyer and former judge of the Court of Bosnia and Herzegovina, explains to Radio Free Europe (RSE) that the entire procedure for detaining suspects is legally clear, but in this situation it is not clear who will carry it out.
Dodik, Višković and Stevandić are suspected of attacking the constitutional order, for which the Criminal Code of BiH provides for a five-year prison sentence, as well as a ban on performing official duties.
The State Prosecutor's Office previously announced that an investigation has been underway since December 2024 due to reasonable suspicion that the criminal offense of "attack on the constitutional order" has been committed, but they did not clarify what the investigation relates to or who the suspects are.
In the days leading up to the Prosecutor's Office's confirmation that it had issued an order for his arrest, Dodik made contradictory statements about whether he had received a request for questioning.
What is the further procedure?
Fejzagić explains that there is no legally defined deadline for searching for suspects without a warrant, but rather that it is up to the police authorities to assess whether there is any point in continuing to search for them.
After that, a central warrant is issued that is valid for BiH, and this person is wanted by all the MoI in BiH, entity and cantonal, Border Police and SIPA.
If that is unsuccessful, an international arrest warrant will be issued, and "police authorities from all countries" will be involved in the search.
"But that's not the problem, the problem is just who will do it, legally it's easy. That already goes beyond my knowledge in terms of the profession. Nobody knows that. That's the whole problem with this whole issue. Legally it's very simple," Fejzagić points out.
What if the RS Ministry of Interior gets involved?
RS Minister of Interior Siniša Karan told Banja Luka-based ATV television that no one would be arrested, and that the entity's Ministry of Interior "protects the constitutional order, its constitutional institutions, representatives of all institutions and all its citizens."
He said that the framework for the activities of his Ministry, and therefore the RS Police, is the laws of the RS National Assembly, according to which SIPA, the Court and the Prosecutor's Office of BiH are "unconstitutional institutions and are prohibited from operating on the territory of RS."
Fejzagić warns that preventing an arrest, if it occurs, is also a criminal offense.
"Obstructing official action is a criminal offense in the performance of official duty. It is provided for in both the Criminal Code of BiH and the criminal codes of the entities," Fejzagić said.
He adds that if the Court Police are faced with a threat of use of force by another police agency, they will cease their activities and inform the Court thereof.
What does the Criminal Procedure Code state?
The BiH Criminal Procedure Code stipulates that persons summoned to give statements to prosecutors, in the event of their absence, must explain the reasons for their absence.
This is then reviewed, after which the Prosecution has the option of requesting forcible extradition or may abandon the interrogation.
The law also stipulates that, if there are circumstances indicating that a suspect might flee or go abroad, the court may prohibit him from leaving his place of residence, and may also temporarily seize his travel documents.
A suspect may be detained if there is a risk of flight or if there is a reasonable fear that he will "destroy, conceal, alter or falsify evidence or clues important to the criminal proceedings" or influence witnesses.
What came before?
The request to detain the highest RS officials comes during a turbulent period that followed Dodik's first-instance conviction before the Court of BiH on February 26 to one year in prison and a six-year ban on holding public office for disrespecting the High Representative's decisions.
The day after the verdict, the RS Assembly adopted unconstitutional laws that attempted to ban the work of the Court and Prosecutor's Office of BiH, the State Investigation and Protection Agency (SIPA), and the High Judicial and Prosecutorial Council in the territory of that entity.
In this intention, the RS authorities were prevented on March 7 by the Constitutional Court of BiH, which issued a temporary measure and stopped the implementation of the laws passed by the RS Assembly.
The unilateral termination of the jurisdiction of the state of BiH over a part of its territory is not in accordance with the Constitution of Bosnia and Herzegovina.
However, it is not clear how much the decision of the Constitutional Court of BiH affects the authorities in the RS, given that the RS National Assembly adopted a law in 2023 on the non-application of its decisions on the territory of the entity.
On the same day after the decision of the Constitutional Court of BiH, Dodik stated that the laws would continue to be implemented despite it.
Thereafter, the RS authorities continued their unconstitutional activities, including consideration of a new entity Constitution at the parliamentary session on March 12, which provides for RS to be a "state", the establishment of an entity army, and the abolition of the RS Council of Peoples.
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