A year after it was opened, two prosecutors from the State Prosecutor's Office of Bosnia and Herzegovina are working on the case of the unconstitutional celebration of the day of the entity of Republika Srpska.
The Prosecutor's Office of BiH told Radio Free Europe that actions are being taken with the aim of making a prosecutorial decision, i.e. initiating an investigation or filing an indictment.
Meanwhile, authorities in Republika Srpska are once again marking January 9th as the entity's day, despite the fact that the Constitutional Court has twice challenged this date, the religious holiday of Sveti Stefan, as RS day.
Although the Criminal Code of BiH, by decision of the High Representative in BiH, prescribes penalties for any person involved in organizing the unconstitutional RS Day, as it is a violation of the decisions of the Constitutional Court, so far no one has been punished or held criminally liable for the celebration of January 9th.
The High Representative in BiH, Kristijan Šmit, made changes to the Criminal Code of BiH in 2023 regarding disrespect for decisions of the Constitutional Court, which allowed responsible persons to be punished with imprisonment from six months to five years, as well as by imposing measures prohibiting them from performing their duties.
The organizers of the celebration on January 9, 2026, are not hindered by the fact that the RS National Assembly in October annulled the law it had previously adopted on disrespect for the decisions of the Constitutional Court of BiH, which was originally declared null and void by the Constitutional Court.
The repeal of these laws followed after the United States removed former RS President Milorad Dodik and his family members, as well as BiH Presidency member Željka Cvijanović and other senior officials from the RS entity, from the list of sanctioned individuals.
The organizers of the January 9th celebration were also removed from the list of those sanctioned in October last year, including Siniša Karan, the candidate of Dodik's Alliance of Independent Social Democrats (SNSD) for president of the Republika Srpska.
The State Department then assessed the RS Assembly's moves to repeal the law on non-implementation of decisions of the Constitutional Court of Bosnia and Herzegovina and other controversial laws as constructive actions that should improve stability in Bosnia and Herzegovina. However, a few months later, RS leaders celebrated the unconstitutional day in Banja Luka, with a police parade and other events.
The State Department did not respond to RFE/RL's request for comment on the announced celebration of the entity's unconstitutional holiday.
The day before January 9th, Milorad Dodik, who was convicted by a final verdict for disrespecting the decisions of the High Representative in BiH, which led to the termination of his mandate as President of the RS, wrote on the social network X that the RS would continue to celebrate January 9th.
He also mentioned US President Donald Trump, or rather the US administration, which just a few months earlier welcomed the repeal of secessionist and anti-Dayton laws in the RS Assembly, which Dodik had advocated for months earlier.
"We are also noticing changes in the world, especially in the United States, where the administration of President Donald Trump has clearly rejected policies that attempted to erase history, ban commemorations, and nullify national and regional identity in the name of false political correctness. Sharing these ideas, we will continue to mark January 9 peacefully, proudly, and responsibly," Dodik wrote, among other things.
What is known about this year's celebration of January 9th?
In mid-December last year, preparations began for the celebration of January 9th, after the RS National Assembly tasked the RS Government's Committee for the Cultivation of Tradition to begin the organization.
A ceremonial parade in Banja Luka has been announced for January 9th, with the participation of members of the RS Ministry of Internal Affairs and around 2.000 participants from the civil sector.
In addition, various events were organized from January 5th to 10th.
The program includes wreath-laying, religious ceremonies, and ceremonial academies throughout the RS.
The day before January 9, Serbian Prime Minister Đuro Macut also visited Banja Luka, saying that he was in RS "to pay tribute to the fallen soldiers and their families, on behalf of the citizens of Serbia, together with our brothers from Republika Srpska, with deep reverence, with a clear message - that any sacrifices should never be repeated."
This year's slogan for the celebration of January 9th is "Living Hearth" and will be displayed on information portals above highways in RS, and the flags of the entities, as well as Serbia, will also be displayed.
Unlike previous years, there is no publicly available information on how much it will cost to organize the celebration of the unconstitutional holiday.
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