The High Representative by way of his Decision dated 6 June 2009 (“the 2009 Decision”) removed Mr. Himzo Đonko from his position as Police Commissioner of Herzegovina-Neretva Canton, and barred him from entering the premises of his former office. This Decision also barred Mr. Đonko from holding any official, elective or appointive public office and from running in elections and from office within political parties (“Ban”). The 2009 Decision further provided explicitly for a lifting of the Ban at the sole discretion of the High Representative.
Upon consideration of Mr. Đonko’s case, I have decided to repeal the Ban. Mr. Himzo Đonko is no longer barred by the decision of the High Representative from holding any official, elective or appointive public office, running in elections and holding office within political parties. For the avoidance of any doubt, any ban arising out of the 2009 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 2009 Decision. This Decision does not entitle Mr. Himzo Đonko to restoration to the office from which he was removed pursuant to the 2009 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 2009 Decision.
This Decision does not constitute an amnesty but rather a repeal, prospectively, of the 2009 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, the Official Gazette of the Federation of Bosnia and Herzegovina and the Official Gazette of Herzegovina-Neretva Canton.
Sarajevo, 19 August 2014
Dr. Valentin Inzko