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CH/02/12470 independent candidates shall certify their eligibility with the Election Commission of Bosnia and Herzegovina. 37. Article 4.10 of the Election Law sets forth that the Election Commission shall certify the application of an independent candidate for participation in the elections if the application meets the requirements established by this law. The Election Commission shall examine within 2 days whether the application was submitted in accordance with this law, and certify, reject or request the candidate to correct his or her application. If the Election Commission rejects the application, the applicant shall have the right to request the Election Commission to reconsider the decision within two days. The Election Commission shall make a decision within 3 days. 38. On 28 March 2002, the High Representative imposed an amendment to the Election Law, Article 18.9A, which became Article 19.9A. In the preamble to the amendments of 28 March 2002, the High Representative states: “Considering that in Article 1.13 of the Election Law of Bosnia and Herzegovina it is stated that the application for certification to participate in the elections shall include a statement signed by the President of a political party stating that the activities of the political party will comply with the General Framework Agreement for Peace in Bosnia and Herzegovina; Further Considering the importance and necessity to advance the above mentioned provisions, in order to prevent further obstruction to the implementation of the General Framework Agreement for Peace, recognising the provisions adopted by the Parliamentary Assembly of Bosnia and Herzegovina in the Election Law;…” 39. On 3 August 2002, Article 19 of the Law on Amendments to the Election Law was published in the Official Gazette of Bosnia and Herzegovina no. 20/02, whereby former Article 18.9A became Article 19.9A. Article 19.9A, as amended, of the Election Law provides as follows: “Until the High Representative’s mandate terminates or he or she so decides the exclusions in the following four paragraphs shall have effect: No person who has been removed by the Provisional Election Commission or the Election Appeals Sub-Commission, for having personally obstructed the implementation of the General Framework Agreement for Peace or violated the Provisional Election Commission Rules and Regulations shall be permitted to be a candidate in the elections or hold an elected mandate or an appointed office. No person who has been removed from public office by the High Representative shall be permitted to be a candidate in the elections or hold an elected mandate or an appointed office. No military officer or former military officer who has been removed from service pursuant to Chapter 14 of the Instructions to the Parties issued by COMSFOR under Article VI Paragraph 5 of Annex 1A to the General Framework Agreement for Peace, shall be permitted to be a candidate in the elections or hold an elected mandate or an appointed office. No person who has been de-authorized or de-certified by the IPTF Commissioner for having obstructed the implementation of the General Framework Agreement for Peace, shall be permitted to be a candidate in the elections or hold an elected mandate or an appointed office.” 2. Law on the Court of Bosnia and Herzegovina (OG BiH nos. 29/00, 16/02, 24/02 and 13/03) 40. Article 15, paragraph 2 of the Law on the Court of Bosnia and Herzegovina, entitled “Appellate Jurisdiction”, provides that the Court of Bosnia and Herzegovina shall have jurisdiction over: 6

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Obradovic v. Bosnia and Herzegovina

Judgment

Question Presented: Whether the plaintiff's dismissal from the military banned him from participating in the General Election?

Alleged Acts: The plaintiff was the Assistant Minister of Defense and released from his duties. The decision was then published in the Official Gazette, to which the plaintiff denies knowing. The plaintiff submitted his application as independent candidate in the General Election in 2002. The Election Commission denied the plaintiff's application because he was discharged in 2001 by the SFOR. The plaintiff asserted he was discharged by the Federation of Ministry of Defense not the SFOR.

Procedural history: The plaintiff brought this case against the Election Commission's decision in 2002. The Court found that the applicant was discharged by COMSFOR. Further, the argument that the plaintiff did not receive the complaint is unfounded because it was publicly available and the plaintiff found out on when he applied to run for the position in 2002.

Summary: In August of 2002 the Election Law was amended to remove prohibit all former military officers from seeking public office. The court considered the evidence surrounding the decision to dismiss him from the military. Accordingly, because the Election Commission was not able to hear the application, the plaintiff was deprived of procedural and legal safeguards that are enacted to preserve fairness and legal certainty.

Conclusion: The provision violated the plaintiff's right to participate in the Election under art. 3 of the First Protocol of the Convention.

Legal Issue(s)

Candidate Registration

Applicable Law(s): First Protocol of the Convention, art. 3; European Convention on Human Rights, art. 6, 3; International Covenant on Civil and Political Rights, art. 25.

Region: Europe and Eurasia

Country: Bosnia and Herzegovina

Language of Decision

English

Court: Appellate Court

Election Type: General

Date of decision: Oct 10, 2003

Geolocation

Latitude: 43.85360605

Longitude: 18.378217221182695

: Geolocation

Primary Documents

Bosnia and Herzegovina- Obradovic v. Bosnia and Herzegovina.pdf
English
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Election Judgments - IFES

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Obradovic v. Bosnia and Herzegovina

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