The High Representative, by way of his Decision, dated 21 October 2002 (“the 2002 Decision”), removed Mr. Munir Alibabic from public office. This Decision also barred Mr. Alibabic from holding any official, elective or appointive public office, running in elections or holding office within political parties (“Ban”). The 2002 Decision further provided explicitly for a lifting of the Ban at the sole discretion of the High Representative.
Upon careful consideration of Mr. Alibabic’s case and after concluding that the reasons for his removal and the Ban to a large extent no longer apply and he to a large extent no longer poses a threat to peace implementation, institutional integrity or democracy in
1. Any type of position in the Ministry of Security of Bosnia and Herzegovina, the Ministry of Defense of Bosnia and Herzegovina, the State Investigation and Protection Agency, the State Border Service of Bosnia and Herzegovina, the Office for Cooperation with Interpol, the Intelligence-Security Agency of Bosnia and Herzegovina, the Armed Forces of Bosnia and Herzegovina and any other agency, body or unit responsible for matters related to public security, defense and intelligence;
2. Any type of position in a Ministry of Interior in the Federation of Bosnia and
3. Any type of position in the Ministry of Interior of Republika Srpska and any other agency, body or unit responsible for matters related to public security;
The principles of equity, proper governance and judicious exercise of the High Representative’s international mandate, all of which take into account the balance between the protection of national stability and the rights of the individual, justify this outcome.
This Decision does not call into question the validity of the 2002 Decision. This Decision does not entitle Mr. Alibabic to automatic restoration to the office from which he was removed pursuant to the 2002 Decision. Further, this Decision does not entitle him to compensation for any remuneration, other forms of unvested monetary benefits or privileges or status forfeited as a result of the 2002 Decision.
This Decision does not constitute an amnesty but rather a partial repeal, prospectively, of the 2002 Decision. The latter is not expunged and remains as part of the legislative record of
This Decision does not prejudice the right of the High Representative to remove Mr. Alibabic again should he, while occupying a public office in the future, be deemed to have violated his oath to respect the Constitution of Bosnia and Herzegovina and to uphold the General Framework Agreement for Peace in Bosnia and Herzegovina, which oath was freely given as a condition precedent for the partial lifting of the Ban.
This Decision does not affect or otherwise prejudice any pending or impending criminal proceedings in or outside of
To the extent the terms of this Decision contradict domestic legislation on any of the subjects encompassed thereby, the former shall prevail. High Representative Decisions supersede and preempt contradictory domestic legislation. This legislative statement is declaratory of existing and prospective High Representative Decisions.
This Decision has immediate effect and will not require any further procedural steps.
This Decision shall be published without delay in the Official Gazette of the Federation of Bosnia and