The People’s Assembly of Republika Srpska, on its 39th special session, adopted amendments to the Criminal Code that ban the display of the symbols of the Army of the Republic of Bosnia and Herzegovina.
The Law now prescribes custodial sentences for all those who publicly display, show, carry, produce, reproduce, or otherwise distribute flags, symbols, insignia, salutes, or paroles that promote and glorify the Army of the Republic of Bosnia and Herzegovina.
It is also stated that if, due to these circumstances, there is “unrest, violence, public disturbance, or any other consequences affecting the joint life of people and others who live in Republika Srpska,” the prison sentence could last two to five years.
Immediately after the law was adopted, politicians in Bosnia and Herzegovina began preparing an appeal to the Constitutional Court, and, as told to Klix.ba, the Club of Bosniaks in the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina has already begun the process.
However, the way the law was formulated and the provisions of the legal system in this entity of Bosnia and Herzegovina could lead to serious problems for all individuals suspected or accused of such a criminal act before the Constitutional Court makes a final decision.
Formulation that Leaves Room for Interpretation
Primarily, the supplements to the Law state that flags, symbols, insignia, salutes, and paroles that promote or glorify the Army of the Republic of Bosnia and Herzegovina are disputed.
However, the Laws do not state clearly what this group implies.
In the political narrative dominating Republika Srpska, the flag with fleur-de-lis, which was the official flag of Bosnia and Herzegovina from 1992 to1998, is often (un) intentionally described as the “war flag of the Army of the Republic of Bosnia and Herzegovina,” which could also indicate that a similar interpretation will be reflected on the ground, namely by members of the Ministry of Internal Affairs of Republika Srpska.
The practice so far is grounds for this claim. The police officers in this entity have often issued penalties for insignia that have no direct relation to the Army of the Republic of Bosnia and Herzegovina, but rather to the original flag of the Republic of Bosnia and Herzegovina. This has intensified in the previous period.
Since the new law doesn’t clearly define which symbols are banned or which flags could lead to a prison sentence, vague interpretations could easily be used to make life difficult for many Bosniaks who display symbols they identify with.
A minor offense has escalated into a criminal offense, and a mere inconvenience has become severe harassment with serious consequences.
Perhaps the most important thing about this law is that displaying these symbols is now a criminal offense instead of just a misdemeanor, which was the case until now.
The fine was uncomfortable, of course, but it was easy to handle. Instead of accepting guilt and the punishment, people would contest it in court, where they frequently won and were cleared of any monetary penalty.
However, once these amendments to the Criminal Code of Republika Srpska take effect, the current penalties will intensify, turning an uncomfortable situation into a grueling ordeal for Bosniaks in Republika Srpska.
Initiating criminal proceedings will cause serious problems, regardless of whether the case is likely to end in an acquittal or dismissal, as the proceedings will last much longer, resulting in life-altering consequences even before any eventual judgment.
One of the most serious consequences is the fact that any person against whom a criminal procedure is conducted will be deprived of the document necessary for many purposes.
It is a certificate stating that no criminal proceedings are being conducted against a person. However, that document is often required for employment, obtaining a visa and a work permit to work abroad, adoption procedures, or appointments to public functions, such as management and supervisory boards.
In addition, the court might even order pre-trial detention, since displaying symbols of the Army of the Republic of Bosnia and Herzegovina is, according to the new law, a criminal offense. In other words, individuals suspected of this criminal offense could end up behind bars even before an indictment is issued, for a month or even longer.
Processes will last for Years.
A particular problem is that the proceedings will most likely last for several months, or even years. During this period, the lives of individuals suspected or accused of this criminal offense will be significantly harder, even though it is hardly likely that the final outcome will be an acquittal.
Although the Constitutional Court will certainly rule on this matter, and an interim measure is possible until a final decision, there will still be a time period during which this law will be applied.
During that period, Bosniaks in Republika Srpska – who most strongly identify with the symbols that the entity authorities interpret as being “related to the Army of the Republic of Bosnia and Herzegovina” could be targeted and face troubles that they will have to fight for months, or even years, Klix.ba writes.
