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HUMAN RIGHTS CHAMBER FOR BOSNIA AND HERZEGOVINA !!! ! ! ! ! ! ! !!! DOM ZA LJUDSKA PRAVA ZA BOSNU I HERCEGOVINU DECISION ON ADMISSIBILITY AND MERITS (delivered on 7 November 2003) Case no. CH/02/12470 Nedjeljko OBRADOVI] against BOSNIA AND HERZEGOVINA and THE FEDERATION OF BOSNIA AND HERZEGOVINA The Human Rights Chamber for Bosnia and Herzegovina, sitting in plenary session on 10 October 2003 with the following members present: Ms. Michèle PICARD, President Mr. Mato TADI], Vice-President Mr. Dietrich RAUSCHNING Mr. Hasan BALI] Mr. Rona AYBAY Mr. @elimir JUKA Mr. Jakob MÖLLER Mr. Mehmed DEKOVI] Mr. Giovanni GRASSO Mr. Miodrag PAJI] Mr. Manfred NOWAK Mr. Vitomir POPOVI] Mr. Viktor MASENKO-MAVI Mr. Andrew GROTRIAN Mr. Ulrich GARMS, Registrar Ms. Olga KAPI], Deputy Registrar Ms. Antonia DE MEO, Deputy Registrar Having considered the aforementioned application introduced pursuant to Article VIII(1) of the Agreement on Human Rights (“Agreement”) set out in Annex 6 to the General Framework Agreement for Peace in Bosnia and Herzegovina; Adopts the following decision pursuant to Articles VIII(2) and XI of the Agreement and Rules 52, 57 and 58 of the Chamber’s Rules of Procedure:

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Obradovic v. Bosnia and Herzegovina

Judgment

Question Presented: Whether the plaintiff's dismissal from the military banned him from participating in the General Election?

Alleged Acts: The plaintiff was the Assistant Minister of Defense and released from his duties. The decision was then published in the Official Gazette, to which the plaintiff denies knowing. The plaintiff submitted his application as independent candidate in the General Election in 2002. The Election Commission denied the plaintiff's application because he was discharged in 2001 by the SFOR. The plaintiff asserted he was discharged by the Federation of Ministry of Defense not the SFOR.

Procedural history: The plaintiff brought this case against the Election Commission's decision in 2002. The Court found that the applicant was discharged by COMSFOR. Further, the argument that the plaintiff did not receive the complaint is unfounded because it was publicly available and the plaintiff found out on when he applied to run for the position in 2002.

Summary: In August of 2002 the Election Law was amended to remove prohibit all former military officers from seeking public office. The court considered the evidence surrounding the decision to dismiss him from the military. Accordingly, because the Election Commission was not able to hear the application, the plaintiff was deprived of procedural and legal safeguards that are enacted to preserve fairness and legal certainty.

Conclusion: The provision violated the plaintiff's right to participate in the Election under art. 3 of the First Protocol of the Convention.

Legal Issue(s)

Candidate Registration

Applicable Law(s): First Protocol of the Convention, art. 3; European Convention on Human Rights, art. 6, 3; International Covenant on Civil and Political Rights, art. 25.

Region: Europe and Eurasia

Country: Bosnia and Herzegovina

Language of Decision

English

Court: Appellate Court

Election Type: General

Date of decision: Oct 10, 2003

Geolocation

Latitude: 43.85360605

Longitude: 18.378217221182695

: Geolocation

Primary Documents

Bosnia and Herzegovina- Obradovic v. Bosnia and Herzegovina.pdf
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