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The High Representative, by way of his Decision, dated 2
February 1999 (“the 1999 Decision”), removed Mr.Bariša Letica from his position
of Acting Minister of Internal Affairs of Canton 10. This Decision also barred
Mr. Leticato hold any public office at any level (“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. Letica’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.
Bariša Letica 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
1999 Decision. This Decision does not entitle Mr. Letica to 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. Letica 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 legal 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 Canton 10.
Sarajevo, 2 February 2013
Dr. Valentin Inzko High Representative
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