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Complaint dismissed on counting procedures in Bosnia and Herzegovina elections
SARAJEVO 19 April 2000
SARAJEVO, 19 April 2000 - The Election Appeals Sub-Commission in Bosnia and Herzegovina dismissed a complaint by the Party of Democratic Action (SDA) alleging irregularities in the counting procedure under the rules and regulations of the Provisional Election Commission. The Sub-Commission also issued a summary decision containing eight separate decisions on relatively minor matters.
With these decisions, all pre-election and election days complaints received by the Sub-Commission have been adjudicated.
In its most significant decision in the dismissal of the SDA's second complaint on the counting procedures, the Sub-Commission found that the Counting Centre was operating in accordance with the Rules and Regulations. It also noted, however, that the scanning procedures had changed between the 1998 elections and the 2000 elections and may have caused some confusion in regard to whether procedures were being followed correctly.
With regard to the availability of out-of-country data, the Sub-Commission noted that the OSCE has held daily press briefings since the election, informing the parties and the media alike of data and when it has been processed.
Following is the explanation of the SDA dismissal and the summary decision.
Election Apperals Sub-Commission, No. 00-ME-213 - Counting Centre Complaint II
At its session on 18 April 2000, the Election Appeals Sub-Cimmission dismissed a complaint from the Party of Democratic Action (SDA) alleging irregularities and falsification of results by the OSCE in the counting procedure under the Provisional Election Commission (PEC) Rules and Regulations. This was the second complaint concerning the operation of the Counting Center filed by the SDA.
On 14 April 2000, the EASC issued a decision dismissing the first SDA Counting Center complaint [EASC Case No. 00-ME-179].
In the second complaint, the SDA alleged that the scanning machines were not checked according to the PEC Rules and Regulations or in the presence of observers; that there was no or insufficient data made available to the SDA regarding out of country voting; that there was fraudulent practice in the number of ballots counted and the data-produced due to the data being processed else-where; that the nationals working in the counting center were selected by a secret procedure; that there was no Election Commission or Committee and that the number of absentee ballots should be higher.
The EASC Decision No. 00-ME-179 found that the Counting Center was operating in accordance with the Rules and Regulations. The EASC noted that some of the Counting Center procedures had changed between the 1998 elections and the 2000 elections, which could explain some of the possible confusion in regard to whether the procedures being followed in this election were correct.
With regard to the availability of out of country voting data, OSCE has held press briefings almost daily since the elections, informing political parties and the media alike of data as and when it has been processed. The procedure for hiring staff for the Counting Center is openly displayed in the PEC Rules and Regulations. With regard to the complaint that there is no Election Commission or Committee, the EASC drew the SDA's attention to the existence of the Provisional Election Commission, responsible for the regulation of the elections until the Permanent Election Law of Bosnia and Herzegovina is adopted and the permanent Election Commission of BiH is established and fully functional. With respect to the number of absentee ballots not being as high as in previous years, these figures will vary from year to year depending on refugee return, number of abstentions and other such variables and do not therefore evidence any irregularities in the counting process.
EASC Case No. 203 et. seq. Summary Decision
At its session on 18 April the EASC also issued a Summary Decision containing eight separate decisions. As is the practice with the EASC, cases involving relatively minor violations are handled in this manner. Five of the complaints involved alleged polling station misconduct. Of those, three were dismissed and in two cases the EASC retained jurisdiction to conduct further investigations. If violations are found in these cases, the sanctions would involve the removal of polling station committee members and would not change the results of the election.
Two of the complaints alleged violation of the twenty-four hour silence period and one alleged a poster violation. All of those complaints were dismissed. With the issuance of these decisions, all pre-election and election days complaints received by the EASC have been adjudicated.
The OSCE established its present Mission to Bosnia and Herzegovina on 18 December 1995. In accordance with the General Framework Agreement for Peace, the OSCE activities are to promote democratization and the building of a vibrant civil society; foster the development of professional journalism and monitor the rights of journalists; monitor and advance the human rights situation; supervise the conduct of elections, and encourage Regional Stabilization through arms control and confidence and security-building measures.
The OSCE Mission continues to work closely with other international organizations and local institutions to implement the Dayton Peace Accords.
MEDIA CONTACT: For information, contact the Press and Public Information, OSCE Mission to Bosnia and Herzegovina, tel.: (+387-71) 292 172; fax: (+387-71) 292 289; website: www.oscebih.org; e-mail: [email protected]
With these decisions, all pre-election and election days complaints received by the Sub-Commission have been adjudicated.
In its most significant decision in the dismissal of the SDA's second complaint on the counting procedures, the Sub-Commission found that the Counting Centre was operating in accordance with the Rules and Regulations. It also noted, however, that the scanning procedures had changed between the 1998 elections and the 2000 elections and may have caused some confusion in regard to whether procedures were being followed correctly.
With regard to the availability of out-of-country data, the Sub-Commission noted that the OSCE has held daily press briefings since the election, informing the parties and the media alike of data and when it has been processed.
Following is the explanation of the SDA dismissal and the summary decision.
Election Apperals Sub-Commission, No. 00-ME-213 - Counting Centre Complaint II
At its session on 18 April 2000, the Election Appeals Sub-Cimmission dismissed a complaint from the Party of Democratic Action (SDA) alleging irregularities and falsification of results by the OSCE in the counting procedure under the Provisional Election Commission (PEC) Rules and Regulations. This was the second complaint concerning the operation of the Counting Center filed by the SDA.
On 14 April 2000, the EASC issued a decision dismissing the first SDA Counting Center complaint [EASC Case No. 00-ME-179].
In the second complaint, the SDA alleged that the scanning machines were not checked according to the PEC Rules and Regulations or in the presence of observers; that there was no or insufficient data made available to the SDA regarding out of country voting; that there was fraudulent practice in the number of ballots counted and the data-produced due to the data being processed else-where; that the nationals working in the counting center were selected by a secret procedure; that there was no Election Commission or Committee and that the number of absentee ballots should be higher.
The EASC Decision No. 00-ME-179 found that the Counting Center was operating in accordance with the Rules and Regulations. The EASC noted that some of the Counting Center procedures had changed between the 1998 elections and the 2000 elections, which could explain some of the possible confusion in regard to whether the procedures being followed in this election were correct.
With regard to the availability of out of country voting data, OSCE has held press briefings almost daily since the elections, informing political parties and the media alike of data as and when it has been processed. The procedure for hiring staff for the Counting Center is openly displayed in the PEC Rules and Regulations. With regard to the complaint that there is no Election Commission or Committee, the EASC drew the SDA's attention to the existence of the Provisional Election Commission, responsible for the regulation of the elections until the Permanent Election Law of Bosnia and Herzegovina is adopted and the permanent Election Commission of BiH is established and fully functional. With respect to the number of absentee ballots not being as high as in previous years, these figures will vary from year to year depending on refugee return, number of abstentions and other such variables and do not therefore evidence any irregularities in the counting process.
EASC Case No. 203 et. seq. Summary Decision
At its session on 18 April the EASC also issued a Summary Decision containing eight separate decisions. As is the practice with the EASC, cases involving relatively minor violations are handled in this manner. Five of the complaints involved alleged polling station misconduct. Of those, three were dismissed and in two cases the EASC retained jurisdiction to conduct further investigations. If violations are found in these cases, the sanctions would involve the removal of polling station committee members and would not change the results of the election.
Two of the complaints alleged violation of the twenty-four hour silence period and one alleged a poster violation. All of those complaints were dismissed. With the issuance of these decisions, all pre-election and election days complaints received by the EASC have been adjudicated.
The OSCE established its present Mission to Bosnia and Herzegovina on 18 December 1995. In accordance with the General Framework Agreement for Peace, the OSCE activities are to promote democratization and the building of a vibrant civil society; foster the development of professional journalism and monitor the rights of journalists; monitor and advance the human rights situation; supervise the conduct of elections, and encourage Regional Stabilization through arms control and confidence and security-building measures.
The OSCE Mission continues to work closely with other international organizations and local institutions to implement the Dayton Peace Accords.
MEDIA CONTACT: For information, contact the Press and Public Information, OSCE Mission to Bosnia and Herzegovina, tel.: (+387-71) 292 172; fax: (+387-71) 292 289; website: www.oscebih.org; e-mail: [email protected]