WHY IS JUSTICE FOR DAVID ON HOLD: Constitutional Court postpones decision on appeal for two years

The text is written by Zana Gauk

At the end of February this year, two years after Davor Dragicevic filed an appeal due to the lack of an adequate investigation into the murder, the Bosnia and Herzegovina Constitutional Court justified the non-decision with a crown. That judges still deceive the public can be seen on the official website of the highest judicial institution that regularly holds sessions – online.

“Due to the new situation caused by the corona virus pandemic, the Constitutional Court of Bosnia and Herzegovina faced the problem of scheduling plenary sessions in the way it was planned and determined in advance. As you know, the plenary session, in addition to domestic judges, also consists of international judges who have difficulties in coming to Bosnia and Herzegovina. Namely, due to the bad epidemiological situation. Bosnia and Herzegovina is on the list of high-risk countries, which is why international judges are not recommended by their countries to come to our country. “

This lie was sent to the Journal on February 26th by “Info of the Constitutional Court of Bosnia and Herzegovina” in an e-mail without the header of the institution, and when asked why the judges constantly postpone the decision on the appeal of Davor Dragicevic, father of David Dragicevic, because there is no adequate investigation into the brutal murder of a 21-year-old.

They also stated that they were doing everything to deal with the job for which they were paid, among other things, and the case that they registered under “AP-1140/19”.

That the judges of the Constitutional Court of Bosnia and Herzegovina deceive the public is also visible on the official website of this judicial institution, which regularly holds sessions – online. However, there is still no decision for the expelled Dragicevic family.

The Association of Citizens “Path of Justice”, founded by activists of the group “Justice for David” and the humanitarian organization “Justice for David and All Children of Bosnia and Herzegovina”, seraching for answers, knocked on many doors. Due to the arrogant violation of basic human rights, the Ombudsmen of Bosnia and Herzegovina asked the judges to finally declare themselves regarding the complaint of father Davor, filed on March 12th, 2019, on the day of David’s second funeral in Wiener Neustadt, Austria.

“We invite you, in accordance with Articles 23 and 25 of the Law on the Human Rights Ombudsman of Bosnia and Herzegovina and Article 14 of the Rules of Procedure of the Institution of the Human Rights Ombudsman of Bosnia and Herzegovina, to submit a statement to the Bosnia and Herzegovina Human Rights Institution regarding complaints; a decision was made on the said appeal, at what stage of the procedure is the case in question, ie when a decision can be expected. The stated information must be submitted within fifteen days “, reads the document of the Ombudsman of Bosnia and Herzegovina from April 7th this year.

Davor Dragicevic and the public, which has been following the development of events related to this case for the third year in a row, believe that this is a deliberate obstruction of judges of the highest judicial body in the country.

“The pandemic does not last for two years. A year ago, they said that the decision would be made at the next plenary session. They should not be aware that this is a case that deeply disturbs Bosnia and Herzegovina. public and I think this appeal should have been a priority for consideration. How long will we wait for the prosecutorial and judicial process, if the Constitutional Court of Bosnia and Herzegovina has been making it difficult for two years to make a decision? I believe that the reason for not making a decision is the non-existence of any legal or legal segment to reject, “Dragicevic told the Journal at the end of February, and now he has reaffirmed his suspicions.


We remind you that David’s family appealed for a reaction from the Constitutional Court due to the failure to conduct an investigation against individuals from the Republic of Srpska Ministry of the Interior, as well as the suspension of the investigation against pathologist Zeljko Karan, who was in charge of autopsying the mutilated body.

For the Balkan Investigative Reporting Network of Bosnia and Herzegovina, father Davor stated last year that he still suspects that people from the top of the Republic of Srpska and the top of the Republic of Srpska Ministry of Internal Affairs are behind the abduction and murder of his son.

“I still believe in the legal system and I believe that it will have to be initiated, of course with public pressure, the group ‘Justice for David’ and international institutions, because Bosnia and Herzegovina will not be able to move forward until it is resolved. As well as the case of “Memic” in Sarajevo “, he stated at the time.

The Vice President of the Council of the European Court of Human Rights in Strasbourg, Faris Vehabovic, added that the Constitutional Court of Bosnia and Herzegovina must respect the standards for the deadlines of the European Court of Human Rights.

“The Constitutional Court has the obligation to resolve the case within a reasonable time, and they themselves assess what the deadline is. Afterwards, it is subject to the assessment of the European Court in Strasbourg “, he explained.

Then, as now, the Constitutional Court of Bosnia and Herzegovina said that they would “decide soon” on Davor Dragicevic’s appeal.

Lawyer Feraget asked:

“Does the Constitutional Court of Bosnia and Herzegovina deal with politics?” I see no other reason for this delay. I also don’t see the possibility of the appeal being rejected”.


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