08/19/2014

Notice of Decision by the High Representative to Lift the Ban Imposed on Ante Barišić by the High Representative Decision dated 3 April 2000

81/14

The High Representative by way of his Decision dated 3 April 2000 (“the 2000 Decision”) removed Mr. Ante Barišić from his position of Minister of Internal Affairs of Canton 10. This Decision also barred Mr. Barišić from holding any public office at any level and/or any position in public companies (“Ban”) unless authorised to do so.

Upon consideration of Mr. Barišić’s case, I have decided to repeal the Ban. Mr. Ante Barišić is no longer barred by the decision of the High Representative from holding any public office at any level and/or any position in public companies. For the avoidance of any doubt, any ban arising out of the 2000 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 2000 Decision. This Decision does not entitle Mr. Barišić to restoration to the office from which he was removed pursuant to the 2000 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 2000 Decision.

This Decision does not constitute an amnesty but rather a repeal, prospectively, of the 2000 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.

Sarajevo, 19 August 2014

Dr. Valentin Inzko
High Representative