|
The High Representative, by way of his Decision, dated
29 November 1999 (“the 1999 Decision”), removed Rasim Sahinovic from public
office. This Decision also barred Mr. Rasim Sahinovic from holding any official,
elective or appointive public office, running in elections and holding office
within political parties (“Ban”). The 1999 Decision further provided
explicitly for a lifting of the Ban at the sole discretion of the High
Representative.
Upon careful consideration of Mr. Sahinovic’s case and
after concluding that the reasons for his removal no longer apply and he no
longer poses a threat to peace implementation, institutional integrity or
democracy in
Bosnia and Herzegovina
, I have decided to repeal the Ban,
subject to the limitation set forth below.
Rasim Sahinovic shall not hold any ministerial post at any level of
government until the High Representative’s mandate terminates or he/she decides
otherwise.
Subject to this limitation, Rasim Sahinovic is expressly permitted to hold
public office.
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 Decision.
This Decision does not entitle Mr. Sahinovic to automatic restoration to the
office from which he was removed pursuant to the 1999 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 1999 Decision.
This Decision does not constitute an amnesty but rather a repeal,
prospectively, of the 1999 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. Sahinovic 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.
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
Herzegovina.
Sarajevo, 4 November
2005
Paddy Ashdown
High Representative
|
