The High Representative by way of his Decision dated 29 November 1999 (“the 1999 Decision”) removed Mr. Momčilo Ristić from his position as Head of OMI in Teslić. This Decision also barred Mr. Ristić from being a candidate for elected or appointed office (“Ban”) unless authorized to do so.
On 4 November 2005 the High Representative issued the Notice of his Decision to repeal the Ban (“the 2005 Decision”) subject to the limitation that Mr. Momčilo Ristić should not be employed within the administration of the municipality of Teslić until the mandate of the High Representative terminated or he/she decided otherwise.
Upon consideration of Mr. Ristić’s case, I have decided to repeal the remainder of the Ban. Mr. Momčilo Ristić is no longer barred by the decision of the High Representative from being employed within the administration of the municipality of Teslić. For the avoidance of any doubt, any ban arising out of the 1999 Decision is hereby lifted.
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 1999 and the 2005 Decisions. Like the 2005 Decision, this Decision does not entitle Mr. Ristić to restoration to the office from which he was removed pursuant to the 1999 Decision, nor does it entitle him to compensation for any remuneration, other forms of unvested monetary benefits or privileges or status forfeited as a result of the 1999 Decision.
This Decision does not constitute an amnesty but rather a repeal, prospectively, of the remainder of the Ban imposed by the 1999 Decision. It is not expunged and remains as part of the legislative record of Bosnia and Herzegovina.
This Decision does not affect or otherwise prejudice any pending or impending legal proceedings in or outside of Bosnia and Herzegovina.
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 Bosnia and Herzegovina and the Official Gazette of Republika Srpska.
Sarajevo, 19 August 2014
Dr. Valentin Inzko