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To: Ante Barisic, Minister of Internal Affairs, Canton 10
Dear Mr. Barisic:
For reasons outlined in the attached Decision, we herewith notify you of the
following: under the powers vested in the High Representative, you are
removed from public office with immediate effect. In addition, in accordance
with the Provisional Election Commission Rules and Regulations, this
decision bars you from holding any public office and/or any position in
public companies in the future.
It is with great regret that we are forced to acknowledge that during your
term in office not only have you failed to show any commitment to the
implementation of the General Framework Agreement for Peace, but you have
also seriously and persistently obstructed its implementation.
Sincerely,
|
Wolfgang Petritsch | Robert L. Barry |
|
High Representative | Chairman of the PEC |
| | OSCE Head of Mission |
Cc.:
Mr. Ivan Ivic
Governor Canton 10
Mr. Mirko Mihaljevic
Prime Minister Canton 10
Mr. Ivo Andric Luzanski
President Federation BiH
Mr. Ante Jelavic
President HDZ BiH
In the exercise of the powers vested in the High Representative by Article 5
of the Annex 10 of the General Framework Agreement for Peace in Bosnia and
Herzegovina, according to which the High Representative 'is the final
authority in the theater regarding interpretation of [the] Agreement on the
civilian implementation of the peace agreement';
Endorsing the interpretation of these powers given in paragraph XI, 2 of the
Conclusions of the Peace Implementation Conference held in Bonn on 10
December 1997, in particular, sub-paragraph c thereof, by means of which the
High Representative is entitled to take actions against persons holding
public office who are found by the High Representative to be in violation of
legal commitments made under the Peace Agreement or the terms of its
implementation;
Noting the reiteration of the acknowledgement of such powers by the Peace
Implementation Council in Chapter X of the Annex to the Madrid Declaration
of 16 December 1998;
Considering the mandate entrusted with the Provisional Election Commission
under Article III of the Annex 3 to the General Framework Agreement for
Peace in Bosnia and Herzegovina and article 7.11 of the Rules and
Regulations adopted thereafter which provides that no person who has been
removed by the High Representative shall be permitted to be a candidate in
the elections.
We hereby issue the following
Decision
To remove Mr. Ante Barisic from his position of Minister of Internal Affairs
of Canton 10 and to ban him from holding any public office at any level
unless authorised to do so.
This Decision has immediate effect.
Reasons for removal
Mr. Ante Barisic has abused his power by persistently and seriously
obstructing implementation of the General Framework Agreement for Peace. By
pursuing an extra-legal agenda, he has consistently refused to take
ownership of the laws of Bosnia and Herzegovina.
In particular, since his appointment in February 1999, Mr. Barisic has
presided over an essentially unreformed Ministry of Internal Affairs in
Canton 10. Despite a letter of warning on 16 September 1999, Mr. Barisic
has repeatedly refused to implement decisions of UNMIBH and the OHR, and has
played a central role in creating a climate of hostility and intolerance
toward returnees in Canton 10.
The unreformed nature of the Canton 10 MUP was vividly demonstrated on 9
February 2000, when a routine IPTF weapons inspection found caches of
illegal weapons, as well as a recently utilized intelligence gathering
complex in the same corridor as the Minister's office.
Despite repeated instructions from both OHR and UNMIBH concerning neutral
and non-offensive insignia, the Canton 10 MUP under Mr. Barisic's authority
continues to refuse compliance.
Last summer (16 June 1999), Mr. Barisic, in instructions to police chiefs in
Drvar, Bosanski Grahovo, Glamoc and Kupres, threatened all returnees who did
not register with the police with deportation, in direct violation of the
General Framework Agreement for Peace.
Mr. Barisic's ministry was also behind the refusal of police to recognize
documents necessary for returnees to get ID cards, forcing OHR to issue a
nationwide decision to cover this issue.
During Mr. Barisic's time in office, police under his control and
instruction have applied totally different and separate standards of justice
and law enforcement for citizens on Canton 10 depending on their ethnic
origin, which was part of a clear program obstructing returns.
All of the above establishes a disturbing and unacceptable pattern of
deliberate attempts to obstruct the implementation of the General Framework
Agreement for Peace. For these reasons, we hereby remove Mr. Ante Barisic
from the position of Minister of Internal Affairs, Canton 10. The Decision
will be effective immediately and will not require any further procedural
steps. Mr. Barisic must vacate his office immediately.
The position left vacant by Mr. Barisic's removal will be filled in
accordance with the legal regulations governing its appointment. In order to
protect the institution to which a replacement is to be selected, no further
actions are to be taken by relevant authorities until OHR and OSCE
communicate that there are no objections and that the proposed name can
proceed further through the legal process.
Sarajevo, 3 April, 2000
|
Wolfgang Petritsch | Robert L. Barry |
|
High Representative | Chairman of the PEC |
| | OSCE Head of Mission |
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