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HUMAN RIGHTS CHAMBER FOR BOSNIA AND HERZEGOVINA !!! ! ! ! ! ! ! !!! DOM ZA QUDSKA PRAVA ZA BOSNU I HERCEGOVINU DECISION ON ADMISSIBILITY Case no. CH/00/3933 Srpska Radikalna Stranka against BOSNIA AND HERZEGOVINA The Human Rights Chamber for Bosnia and Herzegovina, sitting as the First Panel on 8 December 2000 with the following members present: Ms. Michèle PICARD, President Mr. Andrew GROTRIAN, Vice-President Mr. Dietrich RAUSCHNING Mr. Hasan BALI] Mr. @elimir JUKA Mr. Miodrag PAJI] Mr. Peter KEMPEES, Registrar Ms. Olga KAPI], Deputy Registrar Having considered the aforementioned application introduced pursuant to Article VIII(1) of the Human Rights Agreement (“the Agreement”) set out in Annex 6 to the General Framework Agreement for Peace in Bosnia and Herzegovina; Adopts the following decision pursuant to Article VIII(2)(c) of the Agreement and Rules 49(2) and 52 of the Chamber’s Rules of Procedure:

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Srpska Radikalna Stranka v. Bosnia and Herzegovina

Judgment

Question Presented: Whether the the PEC's decision to bar the Serb Radical Party from the elections for not meeting the conditions is reviewable by the the court.

Alleged Acts: The Serb Radical Party applied to register as a party in local elections. However, the OSCE Provisional Election Commission ("PEC") denied the application and set the following condition for successful party registration: (1) replacement of three party leaders; and (2) register under a new name. The applicant party was informed of their inability to register pursuant to PEC Rules and Reg. art. 402. The party alleges that the conditions were a product of discrimination against them for their political beliefs.

Procedural history: The Serb Radical Party appealed the PEC's decision to the Election Appeals Sub-Commission ("EASC"). The EASC upheld the PEC's determination. The Serb Radical Party asks the court here to declare art. 402 invalid and suspend future decisions which would forbid the party to partake in the elections.

Summary: The application of the Serb Radical Party must be rejected because the General Framework Agreement does not allow for the intervention of the party into elections. Further, the decisions of the EASC are binding without appeal under art. 18 regarding PEC Rules.

Conclusion: The application of the Serb Radical Party must be rejected under art VIII(2)(c) of the General Framework Agreement.

Legal Issue(s)

Civil Procedure
Party Registration

Applicable Law(s): General Framework Agreement II, VIII(1)-(2)(c),

Region: Europe and Eurasia

Country: Bosnia and Herzegovina

Language of Decision

English

Court: Human Rights Court

Election Type: Local

Date of decision: Jan 1, 2000

Geolocation

Latitude: 43.85360604698609

Longitude: 18.378217221182695

: Geolocation

Primary Documents

Bosnia and Herzegovina- Srpska Radikalna Stranka.pdf
english
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