CH/02/12470
I.
INTRODUCTION
1.
The case concerns an applicant who was discharged of his duties as a high-ranking military
officer of the Federation of BiH Army. The applicant complains that he never received a decision in
this regard, and that he was not able to participate in the process. The applicant further complains of
being prohibited by the Election Commission for Bosnia and Herzegovina (hereinafter: “Election
Commission”) from running in the General Elections in Bosnia and Herzegovina in October 2002, due
to the discharge.
2.
The case raises issues primarily under Article 3 of the First Protocol to the European
Convention on Human Rights (hereinafter: “the Convention”) (the right to free elections).
II.
PROCEEDINGS BEFORE THE CHAMBER
3.
The application was submitted to the Chamber on 28 November 2002.
4.
On 17 December 2002, the Chamber requested certain information from Bosnia and
Herzegovina. On 31 December 2002, Bosnia and Herzegovina submitted its response.
5.
On 14 January 2003, the application was transmitted to Bosnia and Herzegovina under
Articles 6 and 13 of the Convention, Article 3 of the First Protocol to the Convention and Article 25 of
the International Covenant on Civil and Political Rights (hereinafter: “ICCPR”) in connection with
Article II(2)b of the Agreement and to the Federation of BiH under Articles 6 and 13 of the
Convention.
6.
On 31 December 2002 and on 31 January 2003, Bosnia and Herzegovina requested the
Chamber to regard letters from the Election Commission, dated 30 December 2002 and 24 January
2003, as its written observations on the admissibility and merits.
7.
On 14 March 2003, the Chamber received the Federation of BiH’s observations on
admissibility and merits.
8.
On 24 February 2003 and on 15 April 2003, the applicant submitted his responses.
9.
The Chamber invited the Office of the High Representative (hereinafter: “OHR”) and the
Organization for Security and Co-operation in Europe (hereinafter: “OSCE”) to participate in the
proceedings as amici curiae. On 18 June 2003, OHR informed the Chamber that it will participate as
amicus curiae in the proceedings, but the participation will be limited to giving OHR's interpretation of
the relevant provisions of the Election Law. On 4 July 2003, OHR submitted its written amicus curiae
opinion. On 19 June 2003, OSCE declined the invitation to act as amicus curiae.
10.
On 19 June 2003, the Chamber received the Federation of BiH’s additional information.
11.
On 26 June 2003, the Stabilization Force (hereinafter: “SFOR”), in response to the
Chamber’s letter, submitted a letter clarifying some key issues.
12.
On 3 July 2003, the Second Panel of the Chamber relinquished, pursuant to Rule 29(4) of the
Chamber’s Rules of Procedure, its jurisdiction over the application to the Plenary Chamber. On 4 July
2003, the application was discussed before the Plenary, at which time it was decided to hold a
public hearing.
13.
The Chamber invited OHR, OSCE and SFOR to act as amici curiae at the public hearing. On 30
July 2003, OHR informed the Chamber that it will not take part in the public hearing. On 31 July
2003, OSCE informed the Chamber that it will take participate as amicus curiae at the public hearing
and submitted its brief on 20 August 2003. On 11 August 2003, SFOR declined the Chamber’s
invitation to participate as amicus curiae at the public hearing.
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