Ms. Mara Jurkovic
Head of Department for General Administration, Culture and Sports, Capljina
Sarajevo, 07 September 2000
Dear Ms. Jurkovic:
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 appointed office with immediate effect. In addition, in accordance with the Provisional Election Commission Rules and Regulations, this Decision bars you from being a candidate in the upcoming November general elections or from holding appointed public office.
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. In particular, your failure to adequately implement property legislation has created an obstacle to the right to return and repossess property in Capljina.
Sincerely,
| Wolfgang Petritsch | Robert L. Barry |
| High Representative | Chairman of the PEC |
| OSCE Head of Mission |
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 acknowledgment of such powers by the Peace Implementation Council in Chapter X of the Annex to the Madrid Declaration of 16 December 1998;
Furthering the future steps to accelerate implementation of the General Framework Agreement for Peace adopted by the Peace Implementation Council in the Declaration of the Peace Implementation Council, Brussels, 23/24 May 2000, particularly to accelerate return of displaced persons and refugees with a particular emphasis on enabling citizens to exercise their property rights and to ensure respect for and understanding of the establishment of the rule of law;
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 115 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 Ms. Mara Jurkovic from her position as Head of Department for General Administration, Culture and Sports in Capljina and to ban her from being a candidate for elected or appointed office unless authorized to do so.
This Decision has immediate effect.
Reasons for removal
Ms. Mara Jurkovic has abused her power by persistently and seriously obstructing implementation of the General Framework Agreement for Peace. By pursuing an extra-legal agenda, she has consistently refused to take ownership of the laws of Bosnia and Herzegovina. This agenda has been pursued despite constant interventions by relevant organizations within the International Community.
Ms. Mara Jurkovic, in her capacity as Head of Department for General Administration, Culture and Sports, has played a role in the obstruction by the municipality of Capljina in the return of refugees through the blatant disregard for property legislation of the Federation of Bosnia and Herzegovina, including: refusal to cooperate with the Double Occupancy Commission established by the International Community by failing to accept documents presented regarding double occupancy and failing to adequately address double and illegal occupancy cases; non-implementation of CRPC decisions; refusal to coordinate with and provide information to other housing offices; failure to ensure staff adequately investigate cases; and disregard of property laws by failing to apply the legal criteria of double occupancy, particularly to split families. All of these abuses have been clearly documented in the Record of Violations and Interventions: Property Law Implementation in accordance with the Property Law Implementation Plan.
All of the above establish a disturbing and unacceptable pattern of deliberate attempts to obstruct the implementation of the General Framework Agreement for Peace. For these reasons, Ms. Mara Jurkovic is hereby removed from the position of Head of Department for General Administration, Culture and Sports. Removal will not preclude the possibility of future prosecution for the stated abuses. The decision will be effective immediately and will not require any further procedural steps. A deputy officer shall assume full responsibility for the functioning of the Department for General Administration, Sports and Culture until a successor is appointed.
Sarajevo, 07 September 2000
| Wolfgang Petritsch | Robert L. Barry |
| High Representative | Chairman of the PEC |
| OSCE Head of Mission |