CH/02/12470
decision states that the applicant did not submit any documents to support his claim that he has
been discharged by the Federation of BiH Ministry of Defence and not by SFOR.
33.
On an unspecified date, the applicant lodged an appeal to the Appellate Department of the
Court of Bosnia and Herzegovina against the decision of the Election Commission of 12 June 2002.
On 5 July 2002, the Court of Bosnia and Herzegovina rejected his appeal and confirmed the decision
of the Election Commission of 12 June 2002. In its reasoning, the Court of Bosnia and Herzegovina
held that the Election Commission properly applied Article 18.9A of the Election Law because the
applicant was discharged by the COMSFOR decision of 19 June 2001. The Court of Bosnia and
Herzegovina rejected the applicant’s complaint, that he did not receive the decision of the COMSFOR,
as unfounded. Firstly, the Court of Bosnia and Herzegovina noted that these decisions are never
delivered to the officers discharged of duty, as there is no remedy available against these decisions.
Secondly, the applicant does not dispute that he found out about the decision on 5 June 2002, and
the decision was published in official sources and the public media. Therefore, the Court of Bosnia
and Herzegovina concluded that the applicant’s complaint does not affect the legal matter before the
Court. The Court of Bosnia and Herzegovina also rejected the applicant’s complaint that he was
dismissed as a civilian, and not as a military official, as unfounded. The Court of Bosnia and
Herzegovina stated, that “from the mentioned COMSFOR decision, it is clear that Nedjeljko Obradovi}
was replaced as a military officer, and not as a civilian.” The Court of Bosnia and Herzegovina noted
that the applicant did not submit any evidence in support of his appeal, but merely made a statement
in this regard. The Chamber has requested the respondent Party to clarify whether the Court of
Bosnia and Herzegovina, in deciding the applicant’s appeal, had a decision of the COMSFOR in the
case file. The respondent Party has been unable to do so and the Chamber concludes that the Court
of Bosnia and Herzegovina was not in possession of such decision.
34.
Three letters submitted to the Chamber by SFOR show that SFOR acknowledged the receipt of
letters sent by the applicant and that SFOR found no reason to reverse its original decision to remove
the applicant from position and service. The dates on these letters from SFOR are 12 June 2002, 5
October 2002 and 16 December 2002.
35.
SFOR in its observations of 26 June 2003 states that the Minister of Defence on 3
September 2001 asked “that the COMSFOR approval for the applicant’s removal be treated as a
removal from duty and retirement for which the COMSFOR gave approval, and not as a removal from
service.” The Federation of BiH, in response, submitted a copy of the letter of 3 September 2001 to
the Chamber to prove that the letter does not contain such request, as it merely states that the
active duty of several officers, including the applicant, was ceased and that a decision on retirement
has been issued by a member of the Presidency of BiH regarding the same military officers (see
paragraph 26 above).
IV.
RELEVANT LEGAL FRAMEWORK
A.
Legal framework related to the right to stand for elections
1.
Election Law of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina
— hereinafter “OG BiH” -- nos. 23/01, 7/02, 9/02, 20/02 and 25/02)
36.
The Election Law was adopted by the Parliamentary Assembly of Bosnia and Herzegovina in
August 2001, and was published in the Official Gazette of Bosnia and Herzegovina on 19 September
2001. Article 1.13 provides that an application for certification to participate in the elections shall
include a statement signed by the President of the political party, coalition, or independent candidate
stating that the activities of the political party, coalition or the independent candidate will comply with
the General Framework Agreement. Article 2.9 sets forth that the Election Commission is an
independent body which derives its authority from, and reports directly to, the Parliamentary
Assembly.
Among other things, the Election Commission is responsible for certifying the
participation of political parties, coalitions, lists of independent candidates and independent
candidates for all levels of election in Bosnia and Herzegovina. Article 4.1 prescribes that in order to
participate in the elections, political parties, independent candidates, coalitions and lists of
5