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To: | Ivan Ivic, Governor, Canton 10
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Dear Mr. Ivic:
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. Anto Omazic
President Canton 10 Assembly
Mr. Ejup Ganic
President Federation BiH
Mr. Ante Jelavic
Member of Presidency of BiH; 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. Ivan Ivic from his position of Governor 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. Ivan Ivic 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 assumption of the Governor's office in 1998, Mr.
Ivic bears a large measure of responsibility for the Canton's dysfunctional
judicial system and its blatant disregard for the Rule of Law.
- Mr. Ivic clearly demonstrated his disregard for the Rule of Law and
proper functioning of the judiciary in Canton 10 through his unlawful
appointment of the Drvar municipal prosecutor. Due to serious concerns
regarding a breakdown in law and order in the Canton, both UNMIBH SRSG and
JSAP wrote to Mr. Ivic on November 2 and December 10, 1999, respectively,
requesting that he take action to fill the vacant Prosecutor's post. The
Governor declined to respond to either letter, and on December 29, 1999,
nominated Stanislav Komso for the job in defiance of both Cantonal law and
the SRSG's recommendation. Mr. Ivic then lied before the Cantonal
Assembly regarding his failure to follow the appointment procedure specified
in the Cantonal Law on Prosecutors. While the OHR insisted on January 20
that the appointment process be suspended, Mr. Komso remains illegally
holding the office of Drvar prosecutor.
- Furthermore, Mr. Ivic has failed to respond to the Cantonal Minster
of Justice's March 2, 2000 request for clear instructions on this question,
thus obstructing her attempts find a resolution.
- In addition, the Governor is responsible for the vacuum which
persists in the Livno municipal prosecutor's office. On April 10, 2000, OHR
wrote to the Cantonal Minister of Justice and Prosecutor insisting that
Livno prosecutor, Mr. Duic, be suspended and dismissed in accordance with
procedure because of gross negligence. Both the Minister and Prosecutor
wrote to Mr. Ivic proposing Mr. Duic's dismissal and asking for
authorization to initiate the necessary public competition for the vacant
post. To date, The Governor has refused to do anything.
- Governor Ivic has played a further key role in deepening the
judicial crisis in Canton 10. Following the High Representative's September
16 decision to dismiss then Cantonal Minister of Justice Stipo Babic, Mr.
Ivic again failed to act (per his responsibility spelled out in article 38
of the Canton 10 Constitution) until December 29, 1999, when he finally
proposed Mrs. Borjana Kristo for the position. This blatant disregard of
his responsibility, despite the urgency of the situation, resulted in a
three month vacuum in the leadership of the Canton 10 judiciary. This gap
allowed Mr. Babic to remain as de facto Minister of Justice until at least
February 2000.
- The Federation Criminal Procedure's Code requires that a five-judge
panel hear appeals of serious criminal matters addressed to the Cantonal
Court. The Canton 10 Court has had only four judges for several years,
making it impossible for the Court to function properly. Despite efforts
since her appointment by the Minister of Justice, Mr. Ivic has effectively
stalled the process by refusing to propose a candidate for the post during
Cantonal Assembly meetings.
- Canton 10 remains the only one in the Federation to have
demonstrated no progress on the implementation of both the February 19, 1999
Federation Constitutional Court ruling and the High Representative's July
30, 1999 subsequent decision on insignia. Canton 10 has also ignored the
UNMIBH SRSG's instructions to the police and judiciary pursuant to the High
Representative's decision. During his tenure as Governor, Mr. Ivic has
refused to initiate amendments to the Canton 10 Constitution (as per Article
75) to address this situation. More importantly, along with the Prime
Minister, he has failed to take the necessary leadership role to see that
the OHR decision, which has the force of superseding law, was implemented,
despite several requests to do so.
- By failing to propose to the International Community a successor to
former Minister of Interior Barisic, who was removed by the High
Representative on April 3, Mr. Ivic has frozen cooperation with the IC on a
ministerial level.
- Regarding the recent inflammatory and threatening leaflets
distributed against independent radio journalists in Livno, Mr. Ivic
responded with a letter to the media attacking the International Community.
The Governor's reaction was highly irresponsible, and unbefitting of a
public official.
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. Ivan Ivic from
the position of Governor of Canton 10. The Decision will be effective
immediately and will not require any further procedural steps. Mr. Ivic
must vacate his office immediately.
The position left vacant by Mr. Ivic'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, 22 May, 2000
|
Wolfgang Petritsch | Robert L. Barry |
|
High Representative | Chairman of the PEC |
| | OSCE Head of Mission |
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