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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 Framework 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 Article 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 the Peace Agreement throughout Bosnia and Herzegovina and its
Entities which “may include actions against persons holding public office”;
Noting that in paragraph X. 4 of the Annex to the Declaration
of the Peace Implementation Council made at Madrid on 16 December 1998 it was
stated that the Council acknowledged that leaders whom the High Representative
bars from official office "may also be barred from running in elections and from
any other elective or appointive public office and from office within political
parties until further notice";
Mindful of the fact that the peace implementation process,
which continues to be pursued under the aegis of the General Framework Agreement
for Peace in Bosnia and Herzegovina, is not yet complete;
Further mindful of the fact that the peace implementation
process requires to be completed in order that a stable political and security
environment in Bosnia and Herzegovina is established which is conducive, inter
alia, to fundamental economic reform and to the return of refugees and displaced
persons;
Regretting that a number of persons indicted under Article 19
of the Statute of the International Criminal Tribunal for former Yugoslavia have
been able, at least prior to the date hereof, to elude just prosecution, and
that such eluding of just prosecution cannot have occurred without the
assistance of other individuals and entities, whereby the implementation of the
General Framework Agreement for Peace in Bosnia and Herzegovina has been
obstructed;
Ever conscious of the need to balance in due proportion the
public good with the rights of individuals.
For the reasons hereinafter set out the High Representative hereby issues the
following:
DECISION
To remove Mr. Ivan Sarac from his position as Police
Station Commander in Pale,
and to bar him from holding any official, elective or appointive, public
office and from running in elections and from office within political parties
unless or until such time as the High Representative may, expressly authorise
him so to do or to hold the same. Any entitlement to receive remuneration or any
privileges or status arising out of his post as Police Station Commander in Pale
ceases forthwith.
This Decision has immediate effect and will not require any further
procedural steps.
Mr.Sarac must vacate his office immediately.
This Decision shall be published without delay in the Official Gazette of the
Republika Srpska.
Reasons for Removal
Mr. Sarac is Police Station Commander in Pale. He is involved in egregious
criminal activities inimical to stability and the rule of law, some or all of
which, directly or indirectly provide material support and sustenance to an
individual indicted under Article 19 as aforesaid, namely Mr. Radovan
Karadzic.
Mr Sarac thereby obstructs the process of peace implementation and has to be
removed from public office.
Sarajevo, 9 February 2004
Paddy Ashdown
High Representative
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