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The High Representative, by way of his Decision,
dated 30June 2004 (“the 2004 Decision”), removed Mr. Dragan Kalinić from his
positions as Chairman of the National Assembly of Republika Srpska and as
President of the Srpska Demokratska Stranka. This Decision also barred Mr.
Kalinić from being a candidate for the elections or to hold any executive office
at any level (“Ban”). The 2004 Decision further provided explicitly for a
lifting of the Ban at the sole discretion of the High Representative.
Upon careful consideration of Mr. Kalinić’s case and after concluding that
the reasons for his removal no longer apply and that 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. Dragan Kalinić 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 2004 Decision.
This Decision does not entitle Mr.Kalinić to automatic restoration to the office
from which he was removed pursuant to the 2004 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 2004 Decision.
This Decision does not constitute an amnesty but rather a repeal,
prospectively, of the 2004 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. Kalinić 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
Republika Srpska.
Sarajevo, 21 August 2009
Dr. Valentin
Inzko
High
Representative
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