CH/02/12470
and Article 3 paragraph 2 of the Decree and Articles 125 and 168 paragraph 4 of the Law on
Employment Relations and Salaries of Employees of Administrative Bodies in the Federation of BiH
(see paragraphs 46, 51, 54 and 55). Therefore, the Federation of BiH holds that its organs have
acted in accordance with Article 6 of the Convention.
74.
The Federation of BiH puts forward in its additional observations that it does not understand
what criminal proceedings the Chamber is referring to in raising the question of a possible violation
of Article 6 of the Convention. Furthermore, the Federation of BiH holds that the sanction pronounced
against the applicant under Article 18.9A of the Election Law does not have the same effect as
criminal sanctions in criminal proceedings, as the Election Commission is not a court and its
decisions are based on the provisions of the Election Law and not on the provisions of the Criminal
Code.
b.
Article 13 of the Convention
75.
The Federation of BiH claims that there has not been a violation of Article 13 of the
Convention, as effective remedies were available, but the applicant did not use them.
C.
The applicant
1.
As to Bosnia and Herzegovina
76.
In his application, the applicant argues that his right to be elected, as embodied in Article
25(b) of the ICCPR has been violated by Bosnia and Herzegovina. The applicant alleges that the
Election Law is not in accordance with the ICCPR.
77.
The applicant responded to the submissions of Bosnia and Herzegovina in a letter received by
the Chamber on 24 February 2003. The applicant alleges that prior to submitting his application to
run for elections he took certain informal steps to determine if there would be any objections to his
candidacy. The applicant specified those steps in his letter. One example is the meeting organized
by the, at that time, advisor on military issues to the Croat member of the Presidency, with SFOR and
OSCE in attendance. The applicant alleges that, though he did not attend the meeting himself,
during this meeting it was discussed whether the applicant’s discharge could be an objection to run
for elections and they all claimed that his discharge would not be an objection. Another informal step
the applicant specified in his letter is the conversation he had with a representative of the Federation
of BiH Ministry of Defence, who stated that they had received permission to replace him, but this is
not discharge but only approval. The applicant has not submitted any documents supporting these
statements.
2.
As to the Federation of Bosnia and Herzegovina
78.
The applicant alleges a violation of Articles 6 and 13 of the Convention as he never received
any decision regarding his dismissal and he could therefore not avail himself of any domestic
remedies. The applicant points out that the Federation of BiH does not state any reason why they did
not send him any decision. The applicant claims that he found out about the decisions from a friend
on an unknown date and via a daily newspaper at the time he submitted his application to participate
as a candidate in the General Elections in 2002.
79.
The applicant agrees with the Federation of BiH’s submission that the COMSFOR gave his
permission for the applicant to be discharged. The applicant points out that this supports his claim
and that there is a contradiction in the submissions of the respondent Parties. The Election
Commission claims that the applicant has been removed by SFOR, while the Federation of BiH states
that SFOR permitted his discharge.
13