The year that is coming to an end was marked, without any doubt, by crime in the judiciary of Bosnia and Herzegovina, and that at its highest level. It is a series of procedures that seriously question the rule of law, the independence of institutions and the very essence of the constitutional order. The following are just some of the examples that confirm this.
First example: The investigation that disappeared overnight
In 2025, the Prosecutor’s Office of Bosnia and Herzegovina issued an order to conduct an investigation against Milorad Dodik, Nenad Stevandić and Radovan Višković, charging them with the criminal offense of attacking the constitutional order of Bosnia and Herzegovina, one of the most serious crimes in any legal system.
At the request of the Prosecutor’s Office, the Court of Bosnia and Herzegovina ordered custody and issued a warrant. However, a judicial precedent followed: the competent prosecutor, contrary to the Law on Criminal Procedure of Bosnia and Herzegovina, arranged for Dodik to appear at the Prosecutor’s Office, after which the detention and warrant were canceled on the same day. The same scenario was soon repeated for Stevandić and Višković.
The actions of the Prosecutor’s Office and the Court of Bosnia and Herzegovina left the impression that this was not an attack on the constitutional order, but an insignificant misdemeanor.
Another example: Suspended investigation without legal basis
It was then explained to the public that everything was done to interrogate the suspects before indictment. Instead, the same prosecutor orders the suspension of the investigation, with the explanation that “there is not enough evidence”.
Such an explanation is hardly sustainable, given that the facts are indisputable: the Government of RS proposes a law banning the operation of SIPA, the Court and Prosecutor’s Office of BiH and the HJPC on the territory of RS, the National Assembly of RS adopts that law, and Dodik promulgates it as a decree.
In legal theory and practice, the criminal offense is completed by the adoption of that law, regardless of the subsequent annulment by the Constitutional Court of Bosnia and Herzegovina, which can only represent a possible mitigating circumstance – not a reason for the suspension of the proceedings.
That this is a serious judicial scandal is also confirmed by the fact that one of the prosecutors of the BiH Prosecutor’s Office filed a criminal complaint against those responsible, accusing them of abuse of official position and authority.
Third example: A court that does not enforce its own judgment
The behavior of the judge of the Court of Bosnia and Herzegovina, which brought a first-instance conviction, which, in addition to the sentence, also imposed a ban on Dodik from holding the office of president of the Republika Srpska attracted special attention.
Instead of clearly determining whether the verdict has legal consequences for the function of the president of the SNSD, and to initiate the deletion procedure from the court register, the judge has been corresponding for months with the CEC of Bosnia and Herzegovina, although it is clear that the CEC does not have the legal authority to make such a move.
Fourth example: The Constitutional Court in silence
The Constitutional Court of Bosnia and Herzegovina has also joined the judicial collapse, which for months has not decided on the request for constitutional review of the decision of the National Assembly of the RS on the appointment of the so-called Government of the RS, although it is obvious that the proposal was made by Milorad Dodik at a time when he did not have the right to perform the function of the President of the Republic.
This, as stated, violated Article 3 of the Constitution of Bosnia and Herzegovina, which obliges the entities to respect the decisions of the institutions of Bosnia and Herzegovina, including the final judgments of the Court of Bosnia and Herzegovina – a judgment that, paradoxically, was confirmed by the Constitutional Court, ruling on Dodik’s appeal.
Conclusion
All of the above shows that the year 2025 was marked by deep judicial criminality and institutional capitulation. Instead of protecting the constitutional order and the rule of law, the highest judicial institutions of BiH left the impression of selective justice, political opportunism and the systemic collapse of the legal system, writes NOISE.
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