The Preliminary Hearing Judge has dismissed the Indictment filed by the BiH Prosecutor's Office charging the accused Siniša Karan, Dragoljub Reljić, Goran Zmijanac and Milan Petković with the criminal offense of Failure to Enforce Decisions of the BiH Constitutional Court concerning the temporary measure suspending the application of the Decision to Hold Referendum on 9 January as the Republika Srpska Day.

The Preliminary Hearing Judge has concluded that based on the Prosecution’s evidence it was not possible to draw a conclusion on the existence of grounded suspicion that the accused indeed committed the criminal offense they have been charged with.

The Decision points to the fact that the enforcement of the BiH Constitutional Court’s decision fell within the purview of the RS National Assembly, to which the Constitutional Court sent the decision on the temporary measure, and that the accused did not have actual power to make any decision on the suspension of decision to hold the referendum given the fact that most members of the Referendum Holding Committee (five) came from within the ranks of those members of assembly who participated in issuing the Decision on Referendum, and who have not been indicted probably because as members of the assembly they enjoy immunity.

The BiH Prosecutor's Office may appeal the Decision to dismiss the Indictment within 24 hours.