04/24/2009 OHR

Notice of Decision by the High Representative To Repeal the Order Seizing Travel Documents of Certain Individuals

04/09

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 (Orders Seizing 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.

Upon careful consideration of the continued application of those orders to some of the individuals affected and having consulted relevant security and law enforcement partners, I have concluded that the reasons for the seizure by the High Representative of the travel documents of those same certain individuals no longer apply.  I therefore hereby decide that the Orders Seizing Travel Documents shall be repealed for the individuals listed on Annex to this Notice (hereinafter: Annex).

Individuals listed in Annex shall be entitled to have travel documents, including identity cards, which were seized pursuant to an Order Seizing Travel Documents, returned to them.

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into question the validity of the Orders Seizing Travel Documents and those Orders remain in force except as expressly repealed by this decision against those individuals listed in Annex.  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 Travel Documents.

This Decision repeals, prospectively, the Orders Seizing Travel Documents. The latter is not expunged and remains as part of the legislative record of Bosnia and Herzegovina.

This Decision does not prejudice any ongoing or future investigation 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 s/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, 24 April 2009                                                   Valentin Inzko

                                                                                    High Representative