CH/02/12470 14. On 11 July 2003, the Chamber re-transmitted the case under the criminal sanction aspect of Article 6 of the Convention to both respondent Parties. On 8 August 2003, the Federation of BiH submitted its additional observations in this regard. On 1 September 2003, Bosnia and Herzegovina submitted its written observations in this regard. 15. On 11 August 2003, the applicant informed the Chamber that he will be represented by Mr. Petar Pulji}, a lawyer practicing in ^aplijna, the Federation of BiH. 16. On 3 September 2003, the Chamber held a public hearing on the admissibility and merits of the application at the Cantonal Court in Sarajevo. The applicant was present in person and represented by his lawyer, Mr. Petar Pulji}. The respondent Party Bosnia and Herzegovina was represented by Ms. Gordana Milovanovi} and Mr. Jusuf Halilagi}, its Agents. Ms. Lidija Kora}, as an expert represented the Election Commission. The respondent Party the Federation of BiH was represented by Ms. Safija Kulovac, Acting Secretary of the Office for Representation and Co-operation before the Human Rights Commission, Mr. Mirsad Ga~anin, Legal Advisor to the Acting Secretary, and by Ms. Marija ]elam, Senior Expert Advisor of the Federation of BiH Minister of Defence. The OSCE was represented by Mr. Paul Prettitore, Legal Advisor with the Human Rights Department. 17. In response to requests made at the public hearing, additional information was received from the applicant on 10 and 18 September 2003. Additional information from the Federation of BiH was received on 16 September 2003. The Chamber requested additional information from Bosnia and Herzegovina on 11 September 2003, however, Bosnia and Herzegovina refused to accept delivery of the Chamber’s letter until 1 October 2003, and responded to the Chamber’s request on 13 October 2003. 18. The Chamber deliberated on the admissibility and merits of the applications on 10 January, 5 June, 3 and 4 July, 3 September, 9 and 10 October 2003 and adopted the present decision on the latter date. III. STATEMENT OF FACTS 19. The applicant was an Assistant Minister of Defence, Main Defence Inspection, and a Lieutenant General of the Federation of BiH Army. 20. On 12 April 2001, the Government of the Federation of BiH discharged the applicant of his duties as Assistant Minister of Defence. This procedural decision was published in the Official Gazette on 13 April 2001. The applicant alleges that he did not know the decision was issued and published in the Official Gazette. 21. In his letter of 25 April 2001, the Minister of Defence of the Federation of BiH informed the Commander of the Stabilization Forces (hereinafter: “COMSFOR”)1 that he has the intention to terminate service ex officio of several members of the Federation of BiH Army, amongst them the applicant, and asked the COMSFOR for permission in this regard. The Minister of Defence explicitly noted that the mentioned persons, including the applicant, have quit their posts and did not go to work without a reasonable explanation. Additionally, the Minister pointed out that the mentioned persons had violated Article 41 of the Law on Defence, prohibiting political involvement of all military members, and sections 2e — the prohibition for all military members to engage in partisan political activities - and 2f — the obligation for military officers to support the implementation of the General Framework Agreement for Peace (hereinafter: “General Framework Agreement”)2 - of Chapter 14 of the Instructions to the Parties (hereinafter: “ITP”)(see paragraphs 41-45 below) The Chamber notes as background, that all parties involved have avoided explaining the reasons for the applicant’s discharge. The Chamber regards the reason for the applicant’s discharge as military officer his 1 For the most part throughout the text of this decision, the Chamber adopts this terminology. However, in sections where the Chamber is referring to other sources, the COMSFOR is also called “SFOR Commander”. 2 For the most part throughout the text of this decision, the Chamber adopts this terminology. However, in sections where the Chamber is referring to other sources, the General Framework Agreement is also called “GFAP”. 3