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The High Representative, by way of his Decision,
dated 07 September 2000 (“the 2000 Decision”), removed Branko Trbojevic from
public office. This Decision also barred Mr. Trbojevic from holding any
official, elective or appointive public office, running in elections and holding
office within political parties (“Ban”). The 2000 Decision further
provided explicitly for a lifting of the Ban at the sole discretion of the High
Representative.
Upon careful consideration of Mr. Trbojevic’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. Branko Trbojevic 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 2000 Decision.
This Decision does not entitle Mr. Trbojevic to automatic restoration to the
office from which he was removed pursuant to the 2000 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 2000 Decision.
This Decision does not constitute an amnesty but rather a repeal,
prospectively, of the 2000 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. Trbojevic 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
Republika Srpska.
Sarajevo, 4 November
2005
Paddy Ashdown
High Representative
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