Nearly a full day after the Prosecutor’s Office of Bosnia and Herzegovina (BiH) issued an order for the leadership of Republika Srpska (RS) to be questioned, no actions have been taken in this regard.

The State Investigation and Protection Agency (SIPA), the authority responsible for policing in BiH, has stated that while they did not decline to assist with the Prosecutor’s Office’s order to bring Milorad Dodik, Nenad Stevandić, and Radovan Višković in for questioning, they conducted a security evaluation that was deemed high-risk, which was then forwarded to the BiH Judicial Police.

In a press conference, Dodik, the President of Republika Srpska, along with Višković, the Prime Minister, and Stevandić, the President of the RS Parliament, declared their refusal to comply with the Prosecutor’s summons, describing it as “unconstitutional.”

Esad Fejzagić, a lawyer and former judge of the Court of Bosnia and Herzegovina, informed Radio Free Europe (RSE) that while the procedure for detaining suspects is legally established, it remains unclear who will be responsible for executing it in this case.

Dodik, Višković, and Stevandić are under suspicion for a potential attack on the constitutional order, an offense for which the BiH Criminal Code prescribes a penalty of five years in prison, along with a prohibition from holding public office.

Earlier, the State Prosecutor’s Office revealed that an investigation has been underway since December 2024 due to reasonable suspicion of the “attack on the constitutional order” crime, yet they have not clarified the specific details of the investigation or the identity of the suspects.

In the lead-up to the Prosecutor’s Office confirming the issuance of an arrest order, Dodik had made conflicting statements regarding whether he had received a summons for questioning.

What are the next steps?

Fejzagić notes that there is no legally established timeframe for searching for suspects without a warrant; it is instead left to police authorities to determine whether further searches are warranted.

A central arrest warrant then would be issued, valid throughout BiH, making this individual sought after by all Ministries of Interior within BiH, as well as the Border Police and SIPA.

Should that search prove unsuccessful, an international arrest warrant would be activated, leading to involvement from “police authorities from all countries” in the search.

“However, the core issue remains who is actually going to carry out this process; legally it may be straightforward. But this surpasses my professional understanding. No one has clarity on that point. This encapsulates the dilemma surrounding the entire situation. Legally, it is quite uncomplicated,” Fejzagić emphasizes.

What if the RS Ministry of Interior intervenes?

RS Interior Minister Siniša Karan communicated to Banja Luka-based ATV television that no arrests would occur, asserting that the entity’s Ministry of Interior “upholds the constitutional order, its constitutional institutions, representatives of all institutions, and all its citizens.”

He mentioned that the operational framework for his Ministry, and consequently the RS Police, is dictated by the laws of the RS National Assembly, which classify SIPA, the Court, and the Prosecutor’s Office of BiH as “unconstitutional institutions prohibited from functioning within the territory of RS.”

Fejzagić cautions that obstructing an arrest, should it proceed, constitutes a criminal offense.

“Obstruction of official actions while carrying out duties is deemed a criminal offense, as outlined in both the Criminal Code of BiH and the respective entity criminal codes,” Fejzagić stated.

He added that if the Court Police encounter threats of force from another police entity, they will cease operations and notify the Court.

What provisions does the Criminal Procedure Code contain?

The BiH Criminal Procedure Code stipulates that individuals summoned to provide statements to prosecutors must explain their absence if they do not appear.

This information is then evaluated, after which the Prosecution has the option to request forcible extradition or may choose to forgo the interrogation.

The law further specifies that if circumstances suggest a suspect may evade law enforcement or flee abroad, a court may restrict their movement from their residence and seize their travel documents temporarily.

A suspect may be detained if there is risk of flight or reasonable grounds to fear that they might “destroy, conceal, alter or falsify evidence or pertinent clues critical to the criminal proceedings” or attempt to influence witnesses.

What preceded this situation?

The request for the detention of top RS officials arises amid a turbulent period following Dodik’s initial conviction by the Court of BiH on February 26, which resulted in a year-long prison sentence and a six-year ban from holding public office due to disrespecting the decisions of the High Representative.

In the aftermath of the verdict, the RS Assembly enacted unconstitutional laws aimed at prohibiting the operations of the Court and Prosecutor’s Office of BiH, SIPA, and the High Judicial and Prosecutorial Council within its jurisdiction.

The Constitutional Court of BiH intervened on March 7, issuing a temporary measure to halt the implementation of the laws passed by the RS Assembly.

The unilateral termination of BiH’s jurisdiction over segments of its territory is inconsistent with the Constitution of Bosnia and Herzegovina.

Nonetheless, the impact of the Constitutional Court’s decision on RS authorities remains uncertain, particularly given that the RS National Assembly passed a law in 2023 rejecting the applicability of its decisions within the entity.

The day following the Constitutional Court’s determination, Dodik declared that despite the ruling, the laws would continue to be enforced.

Subsequently, RS authorities persisted in their unconstitutional actions, including deliberations on a new entity constitution at a parliamentary session on March 12, which proposes RS as a “state,” establishes an entity army, and abolishes the RS Council of Peoples.

News