10/07/2010 OHR

Notice of Decision by the High Representative Repealing the Orders to Seize or Surrender the Travel Documents of Certain Individuals

06/10

On 10 July 2007 the High Representative, in the exercise of his authority under Article V of Annex 10 of the General Framework Agreement for Peace, ordered the seizure of travel documents belonging to certain individuals in order to prevent activities, which were, or which threatened to be, obstructive of the peace implementation process as pursued under the aegis of the General Framework Agreement for Peace in Bosnia and Herzegovina.

After having consulted relevant security and law enforcement partners, I have concluded that the reasons for the seizure or surrender of the travel documents pursuant to the order of the High Representative no longer apply in relation to some individuals. I therefore hereby decide that the orders to seize or surrender travel documents shall be repealed for the individuals listed in the Annex to this Notice (hereinafter: Annex).

Individuals listed in the Annex shall be entitled to have their travel documents, including identity cards, which were seized or surrendered pursuant to an order of the High Representative, returned to them, unless there are reasons under domestic law for so not to do.

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 the peace implementation process and the rights of the individual, justify this outcome.

This Decision does not call into question the validity of the orders to seize or surrender travel documents and those orders remain in force except as expressly repealed by this decision.

This Decision does not entitle any individual listed in Annex to compensation for any remuneration, benefits, privileges, or status forfeited as a result of the application of the orders seizing or mandating surrender of  travel documents.

This Decision repeals the orders to seize or surrender the travel documents prospectively, the orders are not expunged and remain as part of the legislative record of Bosnia and Herzegovina.

This Decision does not prejudice any ongoing or future legal process or measure taken by domestic authorities against those individuals listed in Annex.

This Decision does not prejudice the right of the High Representative to take future action against any individual listed on Annex should he again obstruct, or threaten to obstruct, the implementation of the General Framework Agreement for Peace.

This Decision has immediate effect and will not require any further procedural steps.

Sarajevo, 7 October 2010

Dr.Valentin Inzko

High Representative