MAZALICA: IRREFUTABLE ARGUMENTS THAT AMENDMENTS TO CRIMINAL CODE OF BiH ARE UNCONSTITUTIONAL

BANJA LUKA, JULY 3 /SRNA/ - The SNSD Caucus in the National Assembly of Republika Srpska maintains that the amendments to the Criminal Code of BiH are unconstitutional and that its arguments are irrefutable, even after the decision of the truncated Constitutional Court of BiH, SNSD Caucus leader Srđan Mazalica told SRNA.

Mazalica said they are waiting to see the reasoning that will be used to challenge what SNSD presented in its request for a constitutional review.

"We still maintain that our argumentation is irrefutable, and that these amendments to the law would be unconstitutional even if they had been adopted by the Parliamentary Assembly of BiH, because they are contrary to the fundamental principles of criminal legislation in BiH," Mazalica said.

He said the procedure of the Constitutional Court of BiH represents an unprecedented case, as the constitutional court of a country has violated the fundamental principles of constitutionality and legality and accepted that foreign influence can change the Criminal Code.

"This is an unprecedented case because the Dayton Peace Agreement defines the jurisdictions of the institutions of BiH. One of the fundamental constitutional principles of constitutionality and legality is that the authority that is not defined by the constitution of a country does not exist," Mazalica said.

Mazalica stated that the Constitutional Court of BiH accepted an amendment to the Criminal Code imposed and published on a website by an individual who was not elected by voters or domestic institutions, nor does he have international legal verification in terms of a United Nations Security Council decision.

"This is an unprecedented case not only in this country but also in the world. It is unbelievable that this is happening in the 21st century. Foreign experts have said that BiH should be expelled from the Council of Europe because of that law, which they consider constitutional and in line with the European Convention on Human Rights. And the Constitutional Court of BiH has said that it is in accordance with the European Convention on Human Rights," Mazalica said.

He added that a legal provision stating that criminal liability exists for anyone who fails to comply with the order of a colonial administrator is the dusk of civilisation, constitutionality and the legal order of a country.

"The Constitutional Court of BiH has completely humiliated BiH and itself. The foreign judges on the court have humiliated themselves. It is unbelievable that they, who certainly cannot find such examples in their own countries, voted in favour of such a decision," Mazalica concluded.

The truncated Constitutional Court of BiH stated that Christian Schmidt’s interventions in the Criminal Code of BiH are in accordance with the Constitution of BiH and the European Convention for the Protection of Human Rights and Fundamental Freedoms.