INDICTMENT FILED AGAINST 4 PERSONS FOR CRIMINAL OFFENCE OF FAILURE TO ENFORCE CONSTITUTIONAL COURT DECISION ON REPUBLIKA SRPSKA REFERENDUM

The accused persons are charged that they, with their actions and activities as President and members of the Republika Srpska Commission for Conducting a Referendum, allowed the carrying out of activities contrary to the BiH Constitutional Court’s Decision on conducting a referendum in Republika Srpska.

Following an investigation and after collecting evidence, Miroslav D. Marković, Prosecutor and Deputy Head of Department III of the Prosecutor’s Office BiH, filed an indictment against:

1. Siniša Karan, born in 1962 in Beli Manastir

2. Dragoljub Reljić, born in 1979 in Tuzla

3. Goran Zmijanjac, born in 1955 in Srbac

4. Milan Petković, born in 1984 in Banja Luka

The accused are charged that they, as President and members of the Republika Srpska Commission for Conducting a Referendum on Republika Srpska National Day and as officials in Entity institutions, refused to implement the final and enforceable decision of the Constitutional Court of BiH and carried out a series of actions and activities to conduct a referendum on the Republika Srpska National Day.

They are charged that they, instead of acting upon a binding BiH Constitutional Court decision on an interim measure and immediately ceasing all activities related to the referendum, continued their work as Commission and proceeded with organising and conducting a referendum in the territory of RS, which was eventually conducted on 25.09.2016. This way they took part in the non-implementation of the BiH Constitutional Court Decision.

The Accused are charged with having committed a criminal offence of Failure to Enforce Decisions of the Constitutional Court of Bosnia and Herzegovina, Court of Bosnia and Herzegovina, Human Rights Chamber and European Court of Human Rights referred to in Article 239 of the Criminal Code of BiH.

In the same case, two orders were made to terminate the investigation.

One Order to Terminate Investigation was issued in respect of the following persons: Davor Šešić, Nedeljko Glamočak, Perica Bundalo, Zdenko Gojković and Vojislav Gligić, as there are circumstances that exclude criminal prosecution against them, as these persons are RS National Assembly deputies and have immunity from criminal prosecution. Another Order to Terminate Investigation was issued in respect of Mladen Ivanić, Mirko Šarović, Željka Cvijanović and Milorad Dodik for whom there is insufficient evidence that they committed the criminal offence of aiding or abetting in the said criminal offense.