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In the exercise of the powers vested in the High Representative
by Article V of Annex 10 (Agreement on Civilian Implementation of the Peace
Settlement) to the General Agreement for Peace in Bosnia and Herzegovina,
according to which the High Representative is the final authority in theatre
regarding interpretation of the said Agreement on the Civilian Implementation of
the Peace Settlement; and considering in particular Art. II.1.(d) of the last
said Agreement, according to the terms of which the High Representative
shall “Facilitate, as the High Representative judges necessary, the
resolution of any difficulties arising in connection with civilian
implementation”;
Recalling paragraph XI.2 of the Conclusions of the Peace
Implementation Conference held in Bonn on 9 and 10 December 1997, in which the
Peace Implementation Council welcomed the High Representative’s intention to use
his final authority in theatre regarding interpretation of the Agreement on the
Civilian Implementation of the Peace Settlement in order to facilitate the
resolution of any difficulties as aforesaid “by making binding decisions, as he
judges necessary” on certain issues including (under sub-paragraph (c) thereof)
“measures to ensure implementation of the Peace Agreement throughout Bosnia and
Herzegovina and its Entities”;
Bearing in mind Article I(1) of Annex 11 of the General
Agreement for Peace in Bosnia and Herzegovina, which stipulates that the Parties
“shall provide a safe and secure environment for all persons in their respective
jurisdictions, by maintaining civilian law enforcement agencies operating in
accordance with internationally recognized standards and with respect for
internationally recognized human rights and fundamental freedoms…”;
Considering that, in accordance with Article I(1) of Annex 11
aforesaid, there is a need for strengthening the institutional integrity of
law-enforcement agencies in accordance with the highest European standards;
Taking into account the need for implementation of the Systems
Analysis Project performed by the United Nations Mission in Bosnia and
Herzegovina, which will serve to harmonize structures and core aspects of law
enforcement throughout BiH and, in particular, the recommendations on basic
standards for democratic policing arising from the systems analysis of the
Central Bosnia Canton police service.
Having taken into account and considered the totality of the matters
aforesaid, the High Representative hereby issues the following
DECISION
Enacting the Law on Amendments to the Law on Internal
Affairs of Central Bosnia Canton (Official Gazette of the Central Bosnia
Canton", 3/97 & 8/02) as hereinafter set out.
This Decision, which shall come into force forthwith, shall be published
without delay in the Official Gazette of Central Bosnia Canton.
The said Law on Amendments, which forms an integral part of this
Decision, shall enter into force pursuant to Article 32 thereof on an interim
basis until such time as the Cantonal Assembly adopts the same in due form,
without amendment and with no conditions attached.
Sarajevo, 6 December 2002
Paddy Ashdown
High Representative
LAW ON AMENDMENTS ON THE LAW ON INTERNAL AFFAIRS OF CENTRAL-BOSNIAN
CANTON
Article 1
In article 2, paragraph 1, item 4 after the word “dignitaries” the following
words shall be inserted:
“and buildings”.
Article 2, paragraph 1, item 5 shall be amended to read as follows:
“Tasks and
duties of the police pertaining to the holding of public gatherings, and the
purchase, possession and carrying of firearms and ammunition”.
In article 2, paragraph 1, a new item 6 shall be added to read as
follows:
“Tasks and duties related to: identification cards, personal name,
reporting residence and stay, unique identification number of citizens, record
books, issuance of travel documents, registration of motor vehicles, driving
tests and issuance of driving licenses, supervision of the implementation of
regulation on protection from fire and explosions, and movement and stay of
foreigners.”
Article 2
Article 3 shall be amended to read as follows:
“Tasks
within the jurisdiction of the Canton shall be performed by organizational units
in the Ministry, which include the Minister's Cabinet, the Administration of
Police and the Administration of Administration and Support.
The Administration of Police is responsible for the performance of tasks and
duties stipulated in Article 2, paragraph 1, items 1 through 5.
The Administration of Administration and Support is responsible for tasks and
duties specified in item 6, and any other tasks within the Ministry’s competence
apart from those tasks that are assigned by law to the Minister's Cabinet and
the Administration of Police.”
Article 3
Article 5 shall be amended to read as follows:
“The
Government of Central Bosnia Canton (hereinafter: the Cantonal Government) shall
decide which persons and facilities are to be specially secured, and the Police
Commissioner shall define in what way such persons and facilities are to be
secured.”
Article 4
Article 9 shall be amended to read as follows:
“The
Ministry shall inform the public about questions within its sphere of competence
that are of importance to natural and legal persons, as well as regarding
measures for the determination of such questions, in accordance with the Book of
Rules regulating public disclosure and media relations.”
Article 5
In article 10, the following words shall be deleted:
“(organizational units in the Main Office of Police Administration)”.
Article 6
Article 11 shall be amended to read as follows:
“A Police
Administration shall be formed within the Canton, and shall be responsible for
serving one or more municipalities.
A Police Administration shall have one or more police stations.
A
Police Administration shall be managed by the Chief of the Police
Administration, who shall be appointed and removed by the Police
Commissioner.”
Article 7
Article 12, paragraph 1, item 18 shall be amended to read as follows:
“pursuant
to domestic and international laws, standards, and operative procedures,
supervises the movement and stay of foreigners”
Article 8
Article 16, paragraph 1, shall be amended to read as follows:
“Constituent peoples and members of the group of Others shall be
proportionally represented in the Ministry in accordance with the 1991 Census
until Annex 7 of the General Framework Agreement for Peace is fully implemented
and at all times and thereafter in accordance with the Constitution of the
Federation of Bosnia and Herzegovina.”
Article 9
In article 17, paragraph 3 the words “the President and” shall be
deleted.
Article 17, paragraph 3, item 11, shall be amended to read as follows:
“Cooperates with and makes available to the Public Complaints Bureau in the
Ministry of Interior, supervised by the Commission of Review created by the
Cantonal Government and Cantonal Assembly, all documents, with reference to
allegations of misconduct of Ministry employees. It shall also make available
personnel for questioning and for assistance, as may be required;”
Article 17, paragraph 3, item 12, shall be amended to read as follows:
“Exercises other tasks and duties within its competence, in accordance with
Cantonal and Federation laws.”
Article 10
Article 18 shall be deleted.
Article 11
Article 19 shall be deleted.
Article 12
Article 19b shall be amended to read as follows:
“Under the
overall supervision of the Minister of Interior, the Police Commissioner shall
conduct all police operations in accordance with the Law.
The Police
Commissioner shall manage and supervise all police activities related to public
safety of persons, prevention and detection of crimes.
The Police Commissioner shall perform the following tasks:
(i)
plans, manages and supervises all police activities on a daily basis;
(ii)
directly manages police activities and, in this connection, organizes, plans,
supervises, directs, and coordinates the work of the police;
(iii)
issues hiring decisions and decisions on termination of job contracts in
conformity with this Law and after consultation with the Minister;
(iv)
deploys and removes employees to and from appropriate job positions in the
Administration of Police, and issues deployment and removal Decisions. Before
taking a decision on the deployment or removal of supervisors in the
Administration of Police, the Police Commissioner shall consult with the
Minister and shall carefully take into consideration the latter’s view;
(v)
prepares budget proposals for the needs of the police and is responsible for all
financial and material resources allocated to the police;
(vi)
prepares programs, information, analysis and other materials from the sphere of
police work;
(vii)
informs the Minister on a regular basis on police activities undertaken;
(viii) supervises
the work of the Professional Standards Unit, comprising internal disciplinary
control, internal inspections and audits, and policy review and development.
The term of office of the Police Commissioner shall be four years, with the
possibility of extension for one additional term of office. The Chief of the
Uniformed Police shall replace the Police Commissioner if s/he is not able to
discharge her/his function until the selection and appointment of a new Police
Commissioner in accordance with the Law.”
Article 13
In article 19c, the paragraph starting with the words “A candidate for the
Police Commissioner must have at least …” shall be amended to read as
follows:
“A
candidate for the post of Police Commissioner must have at least ten years of
police experience in supervisory positions (excluding the period 1 March 1992 –
14 December 1995) and proven ability to manage complex operations. For the
purposes of this law, “police supervisory position” shall be understood to mean
the rank of Senior Inspector and above. Additionally, s/he shall have the
minimum rank of Chief Inspector of Police and he/she shall be required to have
spent at least three years in that rank.Candidates for the post of Police
Commissioner who have been refused provisional authorisation or certification by
UNIPTF shall not be eligible.”
Article 14
In article 23, paragraph 1, the words “control and crossing of state border,”
shall be deleted.
Article 15
In article 24, paragraph 1, the words “control and crossing of state border”
shall be deleted.
Article 16
In article 26, paragraph 7, the words “the Deputy Minister” shall be replaced
with the words “his
designate”.
In article 26, paragraph 9, the word “deputy” shall be replaced with the
words “designate and the Police Commissioner”.
In article 26, a new paragraph shall be added at the end of the Article to
read as follows:
“Authorized officials in the Ministry shall have ranks. The manner in which they
will be awarded such ranks and will lose such ranks shall be determined by the
Cantonal Government.”
Article 17
In article 32, paragraph 2, the number “72” shall be replaced by the number
“24”.
Article 18
Article 33 shall be amended to read as follows:
“If
persons are deprived of their liberty in accordance with Articles 31 and 32,
they shall be afforded rights in accordance with the provisions of the
Federation criminal procedure code, as well as the Constitution of the
Federation and the State of BiH.”
Article 19
In article 35, the words “Investigating judge may order extension of this
period” shall be deleted.
Article 20
Article 37 shall be deleted
Article 21
Article 38 shall be
deleted.
Article 22
In article 57, paragraph 2, after the word “article” the following words
shall be inserted:
“as
regulated in a book of rules to be adopted for this purpose.”
Article 23
Article 62, paragraph 1 shall be amended to read as follows:
"In case of necessity to complete urgent duties or tasks, interruption of the
annual leave of an employee of the Ministry may be authorized by the Police
Commissioner for those under his chain of command and for other employees by the
Minister or an employee authorized by him."
Article 24
In article 67, after paragraph 2, a new paragraph 3 shall be added and shall
read as follows:
“The Police Commissioner shall propose to the Minister recommendations for
the personnel under his/her chain of command.”
Article 25
Article 68 shall be amended to read as follows:
“The procedure for determining the disciplinary and material responsibility
of Ministry employees shall be determined by the Book of Rules on Disciplinary
and Material Accountability, promulgated by the Minister.”
Article 26
After article 68, a new article 68a shall be added to read as follows:
“A Public Complaints Bureau shall be established within the Ministry of
Internal Affairs to monitor and oversee the internal disciplinary mechanism as
relating to allegations of misconduct of Ministry employees. The duties and
responsibilities of the Bureau shall be determined by the Cantonal
Government.”
Article 27
Article 70, paragraph 2 shall be amended to read as follows:
"Decisions on temporary suspension in accordance with paragraph 1 of this
article are brought by the Police Commissioner for employees under his chain of
command and for other employees by the Minister or an employee authorized by
him."
Article 28
Article 75 shall be amended to read as follows:
"The Cantonal Ministry shall organize specialized and refresher courses to
improve police performance.
Persons who wish to join the Police shall be selected in accordance with the
requirements prescribed by the Book of Rules on Recruitment, Appointment and
Performance."
Article 29
In article 76, paragraph 1, the words “as of Article 74” shall be replaced
with the words “for basic training at the Police Academies”.
Article 30
In article 78, paragraph 1, the words “high police school or a police course”
shall be replaced with the words “a Police Academy course”.
Article 31
In article 79, paragraph 1, the words “in agreement with his deputy” shall be
replaced with “in consultation with the Police Commissioner”.
Article 79, paragraph 1, item 7 shall be
deleted.
Article 32
This Law shall enter into force on 6 December 2002and shall be published
without delay in theOfficial Gazette of the Central-Bosnian Canton.
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