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CH/02/12470 9. by 12 votes to 2, to order Bosnia and Herzegovina to publish this decision in the Official Gazette of Bosnia and Herzegovina no later than 7 February 2004; 10. by 9 votes to 5, to order Bosnia and Herzegovina to pay the applicant the sum of 5,000 (five thousand) Convertible Marks (Konvertibilnih Maraka, “KM”) by way of compensation for non-pecuniary damages, no later than 7 December 2003; 11. by 12 votes to 2, to order Bosnia and Herzegovina to pay to the applicant, by 7 December 2003, the sum of 2,000 (two thousand) Convertible Marks (Konvertibilnih Maraka, “KM”) as compensation for costs of legal representation before the Chamber; 12. by 11 votes to 3, to order Bosnia and Herzegovina to pay simple interest at the rate of 10 % (ten per cent) per annum over the sum specified in conclusion nos. 10 and 11 or any unpaid portion thereof as from the date of expiry of the above-mentioned one-month period until the date of settlement in full; and 13. unanimously, to order Bosnia and Herzegovina to report to the Chamber, or its successor institution (the Human Rights Commission within the Constitutional Court of Bosnia and Herzegovina), on the steps taken by it to comply with these orders by 7 February 2004. (signed) Ulrich GARMS Registrar of the Chamber Annex (signed) Michèle PICARD President of the Chamber Partly dissenting opinion of Mr. Dietrich Rauschning 26

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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
English
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Election Judgments - IFES

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Obradovic v. Bosnia and Herzegovina

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