The High Representative by way of his Decision dated 28 October 2005 (“the 2005 Decision”) removed Mr. Milovan Pecelj from his position as Minister of Education and Culture of Republika Srpska, and barred him from entering the premises of his former office. This Decision also barred Mr. Pecelj from holding any official, elective or appointive office and from running in elections (“Ban”). The 2005 Decision further provided explicitly for a lifting of the Ban at the sole discretion of the High Representative.
Upon consideration of Mr. Pecelj’s case, I have decided to repeal the Ban. Mr. Milovan Pecelj is no longer barred by the decision of the High Representative from holding any official, elective or appointive office and from running in elections. For the avoidance of any doubt, any ban arising out of the 2005 Decision is hereby lifted.
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 2005 Decision. This Decision does not entitle Mr. Milovan Pecelj to restoration to the office from which he was removed pursuant to the 2005 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 2005 Decision.
This Decision does not constitute an amnesty but rather a repeal, prospectively, of the 2005 Decision. The latter is not expunged and remains as part of the legislative record of Bosnia and Herzegovina.
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 Bosnia and Herzegovina and the Official Gazette of the Republika Srpska.
Sarajevo, 19 August 2014
Dr. Valentin Inzko