The Dayton Peace Agreement as the constitutional framework of present-day Bosnia and Herzegovina is not perfect, but it certainly provides a basis for the rule of law. According to lawyer Ifet Feraget, BiH has very good legal solutions that perfectly follow European norms, especially in the area of respect for human rights and freedoms.
The problem arises in the implementation of positive legal solutions.
Namely, there are no mechanisms that guarantee strict law enforcement in all spheres of life. In many cases, the vagueness of individual laws allows for different interpretations that are often diametrically opposed, leading to abuses and violations of the law.
Corruption is highly ingrained in almost all institutions including those that are supposed to fight this phenomenon. There is no case of major corruption that has been prosecuted and that has received its judicial epilogue.
There is no independent judicial system that would put an end to the corrupt actions of high entity and state officials through its work, which led to the formation of a series of tycoon criminal clans, in fact under the auspices and protection of the state. When it comes to respect for human rights and freedoms, despite good legislation, the real situation in society is catastrophic.
Hundreds of verdicts on citizens’ lawsuits cannot be implemented because there is no political will, which is absurd in itself. In a state governed by the rule of law, politicians and politicians do not decide on the implementation of judgments, but through their work they enable court judgments to be implemented without further discussion. Basic human rights such as the right to life, the right to education, medical treatment and a fair trial are just a dead letter on paper if they conflict with the interests of individual politicians.
As one of the best examples of the non-functioning of the system due to the privatization of state institutions, we can cite the case of the murder of David Dragicevic. In this case, all the corruption and crime rooted in the institutions of the Ministry of the Interior and prosecutor’s offices in RS and BiH is portrayed.
The entire system was abused in attempts to cover up the murder of David Dragicevic. Since 2018, we have witnessed the transfer of responsibility and mutual accusations for this situation between the RS Ministry of the Interior and the Banja Luka District Public Prosecutor’s Office. However, numerous independent researches as well as reports and recommendations of European and world bodies clearly and unequivocally speak about omissions and criminal moves within these two institutions, which brought the Dragicevic case to the very top of interest of the domestic and foreign public.
Civic activism of the Justice for David through the work of Citizen`s Association Path of Justice Banja Luka and the Justice for David and all BiH children from Vienna is recognized by international organizations as a bright spot in the fight for the rule of law, and has become a respectable factor in creating future social relations but also legal solutions.
Dayton did bring peace, but it did not bring stability and the rule of law.
It is these two segments that are key to the survival of society. The real and radical changes of the entire system will follow the moment when those responsible for the murder and state cover-up of the murder of David Dragicevic are brought to justice.
Citizens often wonder if this will happen? We responsibly claim that they will, and very soon.
JUSTICE FOR DAVID