„I am completely aware what IMF is and what kind of power and force stands behind it, and I also know how the power works. However, since this situation doesn't really have anything to do with the conduct of the IMF, but only with us and our classic Balkan political games, I'll have to ask the Constitutional court of BiH to give an evaluation of constitutionality and legality of all BiH’s arrangements with the IMF, given that none of the authorized bodies has approved the negotiations or conclusion of these arrangements. Depending on the future decision of the Constitutional Court, I will contact the Prosecutor's Office to establish the criminal responsibility of those who indebted this country for several billion dollars, without the authorization to do so”.
Zeljko Komsic, member of Presidency of BiH
In late December last year, the BiH Presidency member Zeljko Komsic announced that he would file a request to the Constitutional Court for an evaluation of the constitutionality and legality of the arrangement of Bosnia and Herzegovina with the IMF. At the time, Istinomjer has rated his statement as „true“, on account that his claims that the negotiations and arrangements signed with the IMF were not in compliance with applicable regulations, checked out. Specifically, Komsic has stated that no contract with this financial institution was ratified by the Presidency and the BiH Parliamentary Assembly, which was supposed to be done in accordance with the Law on indebtment, debt and guarantees of BiH, Law on the procedures for the conclusion and implementation of international treaties of BiH and also the Constitution of Bosnia and Herzegovina.
Komsic has also announced that, depending on the decision of the Constitutional Court, he will also contact the State Prosecutor's Office in order to determine possible criminal liability of those responsible.
However, although this announcement gained broad public support at the moment when the continuation of the existing credit arrangement with the IMF was already called into question, Zeljko Komsic still hasn’t requested the evaluation of the constitutionality from the Constitutional Court of BiH. This was confirmed for Istinomjer in a short response received from the office of President of the Constitutional Court:
“The Constitutional Court of Bosnia and Herzegovina to this date has no official record of appeals by member of the Presidency of Bosnia and Herzegovina, Mr. Zeljko Komsic, regarding the review of the constitutionality of all loan arrangements with the International Monetary Fund (IMF),” the office has stated.
It is fair to ask, then, why has Zeljko Komsic never filed this appeal to the Constitutional Court of Bosnia and Herzegovina, even after he presented very strong reasons for such an action? Although we made several attempts, we weren’t able to get an official answer from the Cabinet of Presidency member Komšić, but it is, in any case, clear that Komsic hasn’t fulfilled the promise he gave seven months ago.