After the veto of the Club of Delegates of the Bosniak People in the Council of the People of the Republika Srpska on changes to the Criminal Code of the RS banning the symbols of the Army of the Republic of Bosnia and Herzegovina was rejected, members of the Presidency of Bosnia and Herzegovina Željko Komšić and Denis Bećirović announced that they will soon submit an appeal to the Constitutional Court of Bosnia and Herzegovina.
Amendments to the law, among other things, provide for the sanctioning of the public display, display and wearing of symbols which, according to the legal wording, promote or glorify the Army of the Republic of Bosnia and Herzegovina.
In the public eye, these changes are particularly related to a possible ban on displaying the flag of the Republic of Bosnia and Herzegovina with lilies, as well as other symbols associated with the RBiH Army and the period of defense of Bosnia and Herzegovina.
The amendments adopted by the National Assembly of the RS provide for prison sentences for publicly displaying, displaying, wearing, producing, duplicating or putting into circulation flags, symbols, signs, greetings or slogans that, as stated in the law, promote or glorify the Army of the Republic of Bosnia and Herzegovina.
For the aforementioned crimes, a prison sentence of up to three years is provided, while for cases in which more severe consequences occur, stricter penalties are prescribed.
The Bosniak People’s Delegate Club previously assessed that such provisions encroach on the vital national interest of Bosniaks. It was pointed out that the symbols of the RBiH Army represent part of the historical identity and culture of memory of the Bosniak people.
Since the mechanism for the protection of the vital national interest did not lead to agreement, the matter was referred to the Constitutional Court of the Republika Srpska, i.e. its Council for the Protection of the Vital Interest.
After the amendments to the law enter into force, legal protection could be requested before the Constitutional Court of Bosnia and Herzegovina, to which Komšić and Bećirović should submit an appeal.
