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Five decisions on appeals in Bosnia and Herzegovina elections
SARAJEVO 13 October 2000
SARAJEVO, 13 October 2000 - The Election Appeals Sub-Commission (EASC) issued five decisions today in Bosnia and Herzegovina. Once concerns an appeal from a political party of a Provisional Election Commission decision to remove a candidate.
The other four decisions concern appeals from six individuals who were allegedly placed on candidate lists without their consent. Pursuant to Article 4.30(a) of the PEC Rules and Regulations, the decision of the EASC are final and cannot be appealed.
Three individuals alleged that their names had been placed on the Democratic Center SJP BiH candidates list for Canton 9 without their knowledge or consent. In the course of the investigation the EASC found that that the party's explanation is inconsistent with the three individuals' original statements. The EASC also found that the signatures of the individuals on the candidates forms were forged. The party is responsible for the initial illegal act of placing these individuals names on the candidates list without their consent and forging their signatures.
The EASC struck the first name of this party's candidates list for Canton 9. That candidacy for office is terminated and the name cannot be replaced.
One individual alleged that his name had been placed on the Democratic Centre SJP BiH candidates list for Canton 7 without his knowledge or consent. The EASC similarly found that candidate's signature was forged and the party's explanation was inconsistent with the candidate's original statement. The party is responsible for the initial illegal act of placing this individual's name on the candidates list without his consent and forging his signature. The EASC struck the first name of this party's candidates list for Canton 7. That candidacy for office is terminated and the name cannot be replaced.
One individual alleged that her name was placed on People's Party of Bosnia and Herzegovina candidate list for Canton 9 party's candidate list without her consent or knowledge. The EASC found that the signature on the candidate's form does not appear to be the signature of this individual. The party admitted the error and promised to investigate how it happened and expel the responsible individual. The EASC commended this forthright response by the party, but noted that the party was still responsible for the actions of its members. The party was thus censured for falsifying the candidates form in this instance and directed to inform the EASC once they determine the identity of the responsible individual and the action they have taken in regard to that individual.
Pero Arsic alleged that his name was placed on this Serb Renewal Movement of BiH (SPO BiH) candidates list for RS National Assembly, Electoral Unit 4 without his consent. The EASC found that the signature on the candidate form appeared to be the signature of this individual. During the investigation, it was revealed that OSCE had received a phone call from the SPO BiH informing the OSCE that Miko Perkovic, the first candidate on their list, had been expelled from the party. The SPO BiH then asked if this first candidate would be removed from the list by the OSCE if another candidate from their party filed a complaint alleging he was placed on the list without his consent. It was after this phone call that the EASC received this complaint from Pero Arsic. Filing a groundless complaint in order to manipulate the EASC is a reprehensible abuse of a judicial body.
The EASC censured the party. In addition, the EASC struck the second candidate on the SPO BiH candidate list for Electoral Unit 4. That candidacy is terminated and the name cannot be replaced. Pero Arsic, the complainant, was also censured. The EASC also struck his name from the list, and his name cannot be replaced.
On 28 August 2000 the PEC issued a decision, which denied candidacy for Smiljan Sudar, who had been on the New Croat Initiative (NHI) list for the Hercegovina-Neretva Canton in Electoral Unit No. 207. Mr. Sudar was removed from the candidates' list because he was not a registered voter. On 1 September 2000 the NHI appealed the decision to the EASC. The EASC dismissed the appeal by letter dated 4 September 2000. On 7 September 2000 the NHI submitted a new appeal to the EASC asserting that the OSCE and EASC erred in denying the candidacy. Mr. Sudar and the NHI essentially conceded that Mr. Sudar was not registered to vote under his name and National ID number, but attributed the error to the Municipal Election Commission for entering the wrong National ID number in the voter's register and on the Voter's Registration Receipt. The error appears to be related to confusion over Mr. Sudar's name and a similar name for his deceased cousin. While the EASC does not believe there was intentional fraud on the part of Mr. Sudar, it is evident that he is not registered to vote under his name and National ID Number. It is the responsibility of all voters to ensure that they are registered to vote under their proper name and National ID Number. In this case Mr. Sudar was not properly registered and the PEC decision denying his candidacy is affirmed and the appeal is dismissed.
For more information please call OSCE Deputy Spokesperson Sanela T. Becirovic at +(387-33) 292 338 or +(387-66) 134 758.
The other four decisions concern appeals from six individuals who were allegedly placed on candidate lists without their consent. Pursuant to Article 4.30(a) of the PEC Rules and Regulations, the decision of the EASC are final and cannot be appealed.
Three individuals alleged that their names had been placed on the Democratic Center SJP BiH candidates list for Canton 9 without their knowledge or consent. In the course of the investigation the EASC found that that the party's explanation is inconsistent with the three individuals' original statements. The EASC also found that the signatures of the individuals on the candidates forms were forged. The party is responsible for the initial illegal act of placing these individuals names on the candidates list without their consent and forging their signatures.
The EASC struck the first name of this party's candidates list for Canton 9. That candidacy for office is terminated and the name cannot be replaced.
One individual alleged that his name had been placed on the Democratic Centre SJP BiH candidates list for Canton 7 without his knowledge or consent. The EASC similarly found that candidate's signature was forged and the party's explanation was inconsistent with the candidate's original statement. The party is responsible for the initial illegal act of placing this individual's name on the candidates list without his consent and forging his signature. The EASC struck the first name of this party's candidates list for Canton 7. That candidacy for office is terminated and the name cannot be replaced.
One individual alleged that her name was placed on People's Party of Bosnia and Herzegovina candidate list for Canton 9 party's candidate list without her consent or knowledge. The EASC found that the signature on the candidate's form does not appear to be the signature of this individual. The party admitted the error and promised to investigate how it happened and expel the responsible individual. The EASC commended this forthright response by the party, but noted that the party was still responsible for the actions of its members. The party was thus censured for falsifying the candidates form in this instance and directed to inform the EASC once they determine the identity of the responsible individual and the action they have taken in regard to that individual.
Pero Arsic alleged that his name was placed on this Serb Renewal Movement of BiH (SPO BiH) candidates list for RS National Assembly, Electoral Unit 4 without his consent. The EASC found that the signature on the candidate form appeared to be the signature of this individual. During the investigation, it was revealed that OSCE had received a phone call from the SPO BiH informing the OSCE that Miko Perkovic, the first candidate on their list, had been expelled from the party. The SPO BiH then asked if this first candidate would be removed from the list by the OSCE if another candidate from their party filed a complaint alleging he was placed on the list without his consent. It was after this phone call that the EASC received this complaint from Pero Arsic. Filing a groundless complaint in order to manipulate the EASC is a reprehensible abuse of a judicial body.
The EASC censured the party. In addition, the EASC struck the second candidate on the SPO BiH candidate list for Electoral Unit 4. That candidacy is terminated and the name cannot be replaced. Pero Arsic, the complainant, was also censured. The EASC also struck his name from the list, and his name cannot be replaced.
On 28 August 2000 the PEC issued a decision, which denied candidacy for Smiljan Sudar, who had been on the New Croat Initiative (NHI) list for the Hercegovina-Neretva Canton in Electoral Unit No. 207. Mr. Sudar was removed from the candidates' list because he was not a registered voter. On 1 September 2000 the NHI appealed the decision to the EASC. The EASC dismissed the appeal by letter dated 4 September 2000. On 7 September 2000 the NHI submitted a new appeal to the EASC asserting that the OSCE and EASC erred in denying the candidacy. Mr. Sudar and the NHI essentially conceded that Mr. Sudar was not registered to vote under his name and National ID number, but attributed the error to the Municipal Election Commission for entering the wrong National ID number in the voter's register and on the Voter's Registration Receipt. The error appears to be related to confusion over Mr. Sudar's name and a similar name for his deceased cousin. While the EASC does not believe there was intentional fraud on the part of Mr. Sudar, it is evident that he is not registered to vote under his name and National ID Number. It is the responsibility of all voters to ensure that they are registered to vote under their proper name and National ID Number. In this case Mr. Sudar was not properly registered and the PEC decision denying his candidacy is affirmed and the appeal is dismissed.
For more information please call OSCE Deputy Spokesperson Sanela T. Becirovic at +(387-33) 292 338 or +(387-66) 134 758.