Stipo Babic Dear Sir, On repeated occasions, the Office of the High Representative, together with other international organizations, have expected your support in the implementation of the Dayton Peace Agreement. The rule of law and an impartial and effective judiciary are keys to the implementation of the Dayton Accords. The persistent and purposeful ineffectiveness of the Ministry of Justice of the Canton 10 has been a matter of utmost concern to the international community. The recent “Thematic Report 2” of the Judicial System Assessment Program (JSAP) emphasizes the consistent failure of the criminal justice system to apply fundamental principles in both minority related and other cases. It also draws attention to the neglect of the European Convention on Human Rights, even though under the constitution of Bosnia and Herzegovina this Convention applies directly and takes priority over the all other law. Further, the judiciary in Canton 10 stands out within the Federation of Bosnia and Herzegovina for having been extensively criticized in two separate decisions by the human rights chamber. The glaring lack of any successful prosecution for harassment and violence against a member of a minority group in Canton 10, the repeated failure to investigate seriously the April 24, 1998 violence in Drvar, and your failure to address the inefficiency of the office of public prosecutor, must all be viewed as outstanding cases of non-compliance with the Dayton Accords. You are responsible for these serious breaches that prevent an effective functioning of the Ministry of Justice and the establishment of equitable justice in the Canton 10. Given the seriousness of these matters, under the authorities vested in me under section XI of the Bonn PIC Declaration, the High Representative hereby dismisses you from the office of Minister of Justice of Canton 10. This Decision takes effect immediately. A copy of this letter will be forwarded to H.E. Ante Jelavic, Chair of the Presidency of Bosnia and Herzegovina and Mr. Ivo Andric-Luzanski, President of the Federation of Bosnia and Herzegovina. Yours sincerely, Wolfgang Petritsch cc. H.E. Ante Jelavic, Chair of the Presidency of Bosnia and Herzegovina Office of the High Representative |
16.09.1999