PETRONIJEVIĆ: IF THE LAW IS FOLLOWED, VERDICT MUST BE FULL ACQUITTAL

BELGRADE, JUNE 11 /SRNA/ – The final decision of the Appellate Panel of the /unconstitutional/ Court of BiH in the case against the President of Republika Srpska should be a full acquittal if it is made in accordance with the law, international law, the Dayton Constitution, and Annex 10 of the Dayton Agreement, attorney Goran Petronijević told SRNA.

Petronijević, who was part of the defense team for Republika Srpska President Milorad Dodik in the first-instance proceedings, was adamant that there is no criminal offense in what Dodik is being accused of.

"What the court in Sarajevo is doing, I have not seen in my long professional career before any court in the world – not even in The Hague," Petronijević said.

He noted that the appeal by the defense attorneys of the President of Srpska was made public and is available, and that everything was outlined therein.

"The first-instance court failed to respond to any of the issues raised, of which there are at least five essential ones – from the status of Christian Schmidt and his powers, to the retroactive application of the law, the subjective element on the part of the accused, and the lack of criminal activity," Petronijević explained.

He emphasized that the court failed to address any of these points in a manner consistent with basic principles of domestic and international law.

"If the appellate court maintains the same stance, then that is a story in itself. It would mean that not only was the first-instance verdict predetermined, but the appellate verdict as well," Petronijević stated.

He stressed that the President of Srpska was performing his official duties by signing a decree enacting a law passed by the only competent authority – the National Assembly of Republika Srpska.

"Simply put, this is a clumsy attempt by former U.S. ambassador to BiH Michael Murphy and Christian Schmidt – whose identity remains uncertain, as only he and judge Sena Uzunović consider him to be the High Representative," Petronijević said.

He added that none of the foreign legal experts – including those from Russia, Greece, and Italy, with whom he recently spoke at the Balkan Dialogue in Trebinje – can understand how Schmidt holds that position.

"This whole thing is one big patchwork full of holes, and you can’t make a towel out of it. It’s incompatible," said Petronijević.

If there is any unnecessary, contrived, and damaging legal process for BiH as an internationally recognized state, Petronijević asserted, it is the case against President Dodik.

Asked whether the announced absence of one of the Appellate Panel judges, Staniša Gluhajić, could be seen as a delay tactic, Petronijević replied that he does not know the intention, but it is telling that the panel appears to be wavering.

"This means that opinions are already divided. You'll recall Judge Strika, who refused to participate in Dodik's trial. Maybe this is part of their strategy, but let's not jump to conclusions and wait for the session," Petronijević said.

If the Appellate Court upholds the first-instance verdict sentencing Dodik to one year in prison and a six-year ban from political activity, Petronijević said the defense team will appeal to the European Court of Human Rights in Strasbourg.

"Certain steps must be taken to inform the professional and international public about the irregularities. The fight goes on until the end," said Petronijević, who will attend tomorrow's session of the Appellate Panel of the unconstitutional Court of BiH in Sarajevo.

He added that he has the impression that, wherever the EU is involved, the decisions cannot be lawful.

The session of the Appellate Panel in the case against the President of Republika Srpska Milorad Dodik is scheduled for 1:00 PM.