The High Representative, by way of his Decision, dated 1 June 2001 (“the 2001 Decision”), removed Mr.Mladen Tolj from his position as Head of the Department of Urban Planning and Housing of the Bratunac Municipality. This Decision also barred Mr. Toljfrom being a candidate for the elections or to hold any executive office at any level (“Ban”). The 2001 Decision further provided explicitly for a lifting of the Ban at the sole discretion of the High Representative.
Upon careful consideration of Mr. Tolj’s case and after concluding that the reasons for his removal no longer apply and that he no longer poses a threat to peace implementation, institutional integrity or democracy in Bosnia and Herzegovina, I have decided to repeal the Ban. Mr. Mladen Tolj is hereby expressly permitted to hold official, elective or appointive public office, to run in elections and to hold office within political parties.
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 2001 Decision. This Decision does not entitle Mr. Tolj to automatic restoration to the office from which he was removed pursuant to the 2001 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 2001 Decision.
This Decision does not constitute an amnesty but rather a repeal, prospectively, of the 2001 Decision. The latter is not expunged and remains as part of the legislative record of Bosnia and Herzegovina.
This Decision does not prejudice the right of the High Representative to remove Mr. Tolj 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 lifting of the Ban.
This Decision does not affect or otherwise prejudice any pending or impending criminal 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 the Republika Sprska.
Sarajevo, 14 August 2010 Dr. Valentin Inzko