Who should now, and how, should react to the requests of the Central Election Commission of Bosnia and Herzegovina to file an indictment against Bosnia and Herzegovina Presidency Chairman Milorad Dodik for New Day, explained lawyer Ifet Feraget, talking about Dodik’s attacks on Central Election Commission member Vanja Bjelica-Prutina.
“We know how to implement the law and we know very well who does not allow us to do that, and those are the people who have been managing this country for 30 years,” Feraget said at the beginning of his guest appearance on N1.
“Exactly, with the excuse that there are certain norms that are not precise enough. We have a surplus of immorality and a deficit of rights – that is why we cannot say that Bosnia and Herzegovina is a state governed by the rule of law, “he pointed out.
When asked who should be the one who will initiate the lawsuit against Dodik, which is required by the Central Election Commission, Feraget said that Dodik’s statement about Prutin Bjelica is hate speech.
“Milorad Dodik allowed himself something that should not have happened. What he said about Vanja Prutina Bjelica can certainly be classified as hate speech, but that does not mean that you have achieved the characteristics of a certain crime. There was obviously one discrimination on the grounds of sex, discrimination on the basis of status, and the ultimate goal was to damage the reputation of the person to whom that statement was addressed. As far as criminal responsibility is concerned, all four criminal laws contain the criminal offense of inciting with certain modifications and the name itself, but we can say inciting national or racial or religious hatred, intolerance, etc. and that norm reads ‘he who incites that hatred or incites it will be punished with a sentence of up to’. The problem is that this norm is very imprecise, they are more relics of that old system where you did not have freedom of speech. We have it today, but that is why the individual suffers. Freedom of expression is limited by the right of another, so the state has the right to restrict by passing a law on defamation, the state has the right to restrict freedom of expression in part when it comes to public order, national security or reputation of other people. Milorad Dodik had to know that when concluding a marriage, the spouses agree on the surname and have the right to keep the surname of the spouse in case of divorce. If he has not heard that, it does not give him the right to insult anyone on that basis, “the lawyer underlined in Novi Dan.
He also said that the court practice has no answer to that, and that Dodik certainly consciously places those theses and supports the matrix we have been listening to for 30 years, and that is, as Feraget points out, the creation of collective paranoia.
“A Serb cannot be good if he was married or married to another religion. When you go out in Bosnia and Herzegovina, it is no longer discussed, “he said.
He also stated that when it comes to Dodik’s insult to Bjelica Prutin, everything will probably remain on this, that is, the reactions of the public, because we do not have a clear law when it comes to respecting religion, nation and so on.
“So I am a bad lawyer if I am a Bosniak or a Muslim, and you are a good one if you are a Serb or a Croat. That is nonsense, “he said.
He also pointed out that they are not working on changing the law in that regard, and that the current one was copied from the old system, i.e. several decades old.
“We have a relic from the past that is envisaged on paper as a crime and the sanction itself means nothing because you cannot prove in court that its intention was to provoke religious or national hatred,” Feraget said as a guest on N1.
He also said that there would be no opening of an investigation, but an order not to conduct an investigation, because that norm is imprecise.
He also reminded of the cases of Memić and Dragičević and pointed out that we are witnesses that the right to life is not respected in Bosnia and Herzegovina, which could be seen in the mentioned cases.