Elections Appeals Sub-Commission issues decisions on complaints in Bratunac and Vares

SARAJEVO, 21 July 2000 - The Elections Appeals Sub-Commission (EASC) has issued two decisions on complaints submitted for violations of the Provisional Election Commission (PEC) Rules and Regulations in Bratunac and Vares. The EASC censured Miladin Simic for improper influence of the Bratunac Municipal Assembly and prohibited his participation in any meeting or function of the Bratunac Municipal government. In another case involving complaints in Vares, the EASC found that the SDA in Vares had attempted to manipulate the resignation of Fahra Catovic in violation of the PEC Rules and Regulations, and decided to censure the party for its actions. The EASC had investigated into the Bratunac complaints following the referral of the case by the PEC. The complaints mainly focussed on allegations of intimidation, specifically by Miladin Simic, the former President of the Bratunac Municipal Assembly, who was removed from office by the OHR and OSCE in November 1999, during the inaugural session of the Municipal Assembly in Bratunac. In addition an unscheduled playing of the RS anthem also allegedly contributed to a walkout by the elected Bosniak Councilors.

The EASC investigation confirmed that Simic did make threatening comments and inappropriate gestures and attempted to control the meeting with head and hand movements, a fact he later admitted to international representatives. The investigation had clearly established that the inaugural session of the Municipal Assembly was conducted in an atmosphere contrary to PEC Rules and Regulations and accepted democratic principles. The conduct of Mr. Simic not only violated PEC Rules and Regulations, but is also a direct circumvention of the joint order by OHR and OSCE from November 1999 which removed him as President of the Bratunac Municipal Assembly, as he continues to improperly influence its operation. The EASC censured Mr. Simic for his conduct and directed that he not attend or be allowed to participate in any meeting or function of the Bratunac Municipal government. The Serb Democratic Party (SDS), as the ruling party in Bratunac, is responsible to ensure no individual is allowed to exercise any improper influence on the Municipal Assembly. The playing of the Republika Srpska (RS) anthem, although not a direct violation of PEC Rules and Regulations, should have been discussed prior to the Municipal Assembly at the inter-party meeting where it could have been negotiated and an agreement reached.

The EASC found that the inaugural session of the Municipal Assembly of Bratunac was conducted in violation of PEC Rules and Regulations and contrary to accepted democratic principles. Therefore it decided to annul the inaugural session held on May 25, 2000 and to order another inaugural session within 30 days of its decision. In addition it required an inter-party meeting to be held prior to the inaugural session, presided over by the OSCE Mission to BiH, in order that agreements can be reached on the RS anthem and the agenda for the inaugural session.

With regard to the complaints in Vares, the EASC addressed two different complaints of violations of the PEC Rules and Regulations. The first decision concerns a complaint of intimidation against Alija Gogic, a selected Councilor and President of the Stranka za BiH in Vares, alleging intimidation by the SDA against Gogic because of his alleged illegal eviction from his apartment by the municipality due to his position with the SBiH. The EASC investigation revealed that he was properly subject to eviction but could not corroborate the allegation that he was not treated like other citizens in the same situation. Gogic further alleges that he was threatened physically by several members of the Vares SDA. The EASC investigation revealed that these allegations have been reported to the local police, the proper agency to deal with this type of complaint. The EASC decided to not take any action on Gogic's complaint. The second complaint involved allegations of manipulation by the SDA party by seeking the resignation of Fahra Catovic, an elected SDA Councillor, under false pretenses. The EASC investigation revealed that the SDA in Varesdid attempt to manipulate the resignation of Ms. Catovic in violation of Article 7.85 of the PEC Rules and Regulations. While this attempt was not successful the violation cannot be ignored, and the EASC decided to censure SDA Vares for its actions.

The decisions of the EASC are final and cannot be appealed. For further information, please contact OSCE Acting Spokesperson Alexander Nitzsche at 033/292-153 or 066/144-321.