CH/02/12470
involvement in the Croat movement in March 2001 in which leaders of the Croat Democratic Union
(Hrvatska Demokratska Zajednica, hereinafter: “HDZ”) in Bosnia and Herzegovina announced that
they were pulling out of statewide and federal governmental institutions. Bosnian Croats serving in
the Federation Army and police forces were ordered to stop reporting for duty and as a consequence
more than 7,000 Bosnian Croat troops quit their posts in support of the call for self-rule.
22.
In an undated letter the COMSFOR, Michael L. Dodson, gave his approval for the “removal
from position and service” of several “VF-H officers”3, including the applicant. The Federation of BiH
Ministry of Defence, according to the SFOR, received the letter on 20 June 2001.
23.
On 20 May 2001, the Croat member of the Bosnia and Herzegovina Presidency issued a
decision ceasing the active duty of the applicant as an officer of the Federation of BiH Army due to
the applicant’s retirement. The applicant alleges that he never received this decision and the
Federation of BiH has not shown that the decision was delivered to the applicant.
24.
On 20 May 2001, the Federation of BiH Ministry of Defence issued a procedural decision
regarding the applicant’s retirement. The applicant alleges that he never received this decision and
the Federation of BiH has not shown that the decision was delivered to the applicant.
25.
In August 2001, the Election Law of Bosnia and Herzegovina (hereinafter: “Election Law”) was
adopted, which provided for the national authorities to administer elections in Bosnia and
Herzegovina.
26.
On 3 September 2001, the Federation of BiH Minister of Defence sent a letter to the
COMSFOR asking for his permission to retire several military officers including the applicant. The
COMSFOR gave this permission.
27.
On 22 April 2002, the Election Commission sent a letter to SFOR requesting a list of military
officers discharged of duty in accordance with the provisions of Article 18.9A paragraph 4 of the
Election Law4 (see paragraphs 36-39 below).
28.
On 13 May 2002, the COMSFOR, Lieutenant General John B. Sylvester, sent his answer to
the Election Commission providing the names of “military personnel suspended or removed by action
of the COMSFOR.” The information provided in this letter notes that the applicant was removed on 19
June 2001.
29.
On 18 May 2002, the applicant submitted his application to the Election Commission to
participate as an independent candidate in the General Elections in October 2002. The applicant
stated during the public hearing that he intended to run for the Federation House of Representatives.
30.
On 23 May 2002, the Election Commission requested additional information from SFOR in
relation to the applicant, since the letter of 13 May 2002 did not contain all the information needed,
namely the personal identification number and date of birth. The Election Commission received the
requested additional information from SFOR on 29 May 2002.
31.
On 6 June 2002, the Election Commission issued a decision rejecting the application of the
independent candidate Nedjeljko Obradovi}, “as he was discharged by the SFOR Commander
decision of 19 June 2001”. The Election Commission determined that the applicant cannot be a
candidate nor can he perform any elected or appointed function in accordance with Article 18.9A
paragraph 4 of the Election Law. The decision notes that a request for review can be submitted to
the same Election Commission.
32.
The applicant submitted a request for review to the Election Commission, in which the
applicant alleges that he was not discharged by SFOR, but by the Federation of BiH Ministry of
Defence. On 12 June 2002, the Election Commission confirmed its decision of 6 June 2002. The
3
VF-H stands for Vojska Federacije-Hrvatska strana (Federation Army–Croat side).
Article 19 of the Law on Amendments to the Election Law, published on 3 August 2002 in the Official Gazette
of Bosnia and Herzegovina no. 20/02, provides that former Article 18.9A shall become Article 19.9A.
4
4