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The High Representative, by way of his
Decisions, dated23
February 2001 and 13 March 2003 (“the 2001 and 2003 Decisions”), removed Mr. Edhem Bicakcic from
public office. These Decisions also barred Mr. Bicakcic from holding any
official, elective or appointive public office, running in elections or holding
office within political parties (“Ban”). The 2001 and 2003 Decisions
further provided explicitly for a lifting of the Ban at the sole discretion of
the High Representative.
Upon careful consideration of Mr. Bicakcic’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.
Mr. Edhem Bicakcic 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 2001 and 2003
Decisions. This Decision does not entitle Mr. Bicakcic to automatic restoration
to the office from which he was removed pursuant to the 2001 and 2003 Decisions.
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 2001 and 2003 Decisions.
This Decision does not constitute an amnesty but rather a repeal,
prospectively, of the 2001 and 2003 Decisions. 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. Bicakcic 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.
This Decision does not affect or otherwise prejudice any pending or impending
criminal proceedings in or outside of Bosnia and
Herzegovina.
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, 30 June
2006
Dr. Christian Schwarz-Schilling
High Representative
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