01/09/2008

Order Seizing Travel Documents of Persons Who Obstruct or Threaten to Obstruct the Peace Implementation Process

02/08

In the exercise of the powers vested in the High Representative by Article V of Annex 10 to the General Framework Agreement for Peace in Bosnia and Herzegovina;

Having considered that the Law on Travel Documents of Bosnia and Herzegovina and the Law on Identity Cards of Citizens of Bosnia and Herzegovina provide respectively for the possibility to seize travel documents and to impose a ban on the use of identity card for crossing the State border, in order to prevent activities which are, or which threaten to be, obstructive of the peace implementation process as pursued under the aegis of the General Framework Agreement for Peace in Bosnia and Herzegovina;

ORDER

It is hereby ordered: 

  1. The persons listed in the Annex attached hereto, which forms an integral part of this Order, will not be allowed to cross the borders of Bosnia and Herzegovina for the purpose of exiting Bosnia and Herzegovina.
  1. The travel documents issued to a person listed in the Annex to this Order shall be seized with immediate effect.
  1. The identity card issued to a person listed in the Annex to this Order shall be seized and immediately replaced by a certificate and subsequently by a temporary ID referred to in Article 2, paragraph (3) of the Law on Identity Cards of Citizens of Bosnia and Herzegovina.
  1. The Border Police of Bosnia and Herzegovina shall take action to prevent those persons listed in the Annex to this Order from leaving the territory of Bosnia and Herzegovina. Any agent of the Border Police who encounters such person attempting to leave the territory of Bosnia and Herzegovina shall immediately seize that person’s travel documents pursuant to item 2 and 3 of this Order and shall take all reasonable steps necessary to prevent the person from crossing the border. Agents of the Border Police shall also seize, pursuant to item 2 and 3 of this Order, the travel documents of a person listed in the Annex to this Order who is outside of the territory of Bosnia and Herzegovina on the date of this order and who attempts to enter. Such persons shall be allowed to enter Bosnia and Herzegovina after their travel documents have been seized.
  1. The police of the Republika Srpska, the police of the Federation of Bosnia and Herzegovina and the cantons in the Federation of Bosnia and Herzegovina as well as the police of the Brcko District of Bosnia and Herzegovina shall take immediate action to seize the travel documents and identity cards of those persons listed in the Annex to this Order who reside within their respective jurisdictions.
  1. All travel documents seized pursuant to this order shall be sent to issuing authorities and the fact that the seizure was made shall be reported to High Representative.
  1. This order is issued pursuant to the authority granted to the High Representative in Annex 10 of the General Framework Agreement for Peace and is not issued by way of substitution for any domestic authority. This order shall be self-executing. Each and every step needed to implement the Order herein shall be deemed to have been duly and properly taken as aforesaid.
  1. For the avoidance of doubt, it is hereby specifically declared and provided that the provisions of the Order contained herein are, as to each and every one of them, laid down by the High Representative pursuant to his international mandate and are not, therefore, justiciable by the courts of Bosnia and Herzegovina or its Entities or elsewhere, and no proceedings may be brought in respect of duties in respect thereof before any court whatsoever at any time hereafter.
  1. This Order shall enter into force forthwith.

Sarajevo,  9 January 2008

Miroslav Lajčák

High Representative