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The High Representative, by way of his Decision,
dated 07 September 2000 (“the 2000 Decision ”), removed Sanja Srna from public
office. The 2000 Decision also barred Ms. Srna from holding any official,
elective or appointive public office, running in elections or 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 Ms. Srna’s case and after
concluding that the reasons for her 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.
Sanja Srna 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 Ms. Srna to automatic restoration to the office
from which she was removed pursuant to the 2000 Decision. Further, this Decision
does not entitle her 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 Ms. Srna again should she, while occupying a public office in the future,
be deemed to have violated her 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, 27 January
2006
Paddy Ashdown
High Representative
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