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Five decisions issued by Bosnia and Herzegovina election appeals commission
SARAJEVO 31 October 2000
SARAJEVO, 31 October 2000 - Yesterday, the Bosnia and Herzegovina Election Appeals Sub Commission (EASC) issued five decisions related to the pre-election period. The decisions of the EASC are final and binding. The following are brief synopses of the cases and decisions.
EASC Case No. 00-GE-35 (BOSS Party)
On October 9, 2000 Una-Sana Canton Radio-Television (RTV-USK) aired a debate for political parties participating in the cantonal elections. Representatives of five political parties appeared on the program, including Mr. Mirnes Ajanovic, President of the BOSS party, and Mr. Senad Biscevic, an SDP candidate for the Cantonal Assembly. After the broadcast the SDP-BiH filed a complaint with the EASC regarding alleged insults and inflammatory remarks made by Mr. Ajanovic about Mr. Biscevic personally and about the SDP.
The EASC reviewed the broadcast in its entirely and found that Mr. Ajanovic made a number of unsubstantiated and inflammatory statements regarding not only Mr. Biscevic and the SDP, but other parties as well, all of which had the potential to spread hatred. Pursuant to Article 604 of the PEC Rules and Regulations, the EASC censured Mr. Ajanovic, and placed him and the BOSS party on notice that further statements of a similar nature would lead to more serious sanctions.
The EASC would like to take this opportunity to remind all political parties, their officials and candidates, that the use of false statements, personal insults and intolerant language has no place in a democratic election campaign. In political debate there is ample room for disagreement and dialogue on policy issues and factual issues. Inflammatory statements of a personal nature deflect attention from the real public policy issues and denigrate political discourse in general.
EASC Case No. 00-GE-43 (HDZ BiH Political Advertisement)
At their October 30, 2000 session the EASC issued a decision concerning the appropriateness of a television advertisement submitted to RTV Mostar by the Croat Democratic Union Party (HDZ). RTV Mostar decided not to air the advertisement, "Za Bolje Danas", and sought an opinion from the Independent Media Commission (IMC). The IMC referred the case to the EASC for adjudication.
After reviewing the advertisement the EASC found that, regardless of HDZ's intentions, the piece contained imagery that was unduly provocative and could spread hatred. Use of this type of inflammatory advertising is not necessary to project HDZ's campaign platform. The advertisement thus violates the Rules of Conduct contained in the Provisional Election Commission (PEC) Rules and Regulations.
The EASC directed HDZ to take all necessary steps to ensure that this advertisement was immediately withdrawn from all television broadcasts receivable in Bosnia and Herzegovina and to provide the EASC with documentation of this action by 1 November 2000. If the advertisement is not withdrawn by 1 November, the EASC stated that it would strike an appropriate number of HDZ candidates on a daily basis until the advertisement is withdrawn.
EASC Case No. 00-GE-55 (SDA Use of Public Roads)
At its session on October 30, 2000, the EASC ruled on a complaint from the Social Democratic Party (SDP) regarding a violation of the use of public facilities by the Party of Democratic Action (SDA). The complaint alleged that the SDA logos painted on the walls of the Ciglane tunnel violated Article 703 of the PEC Rules and Regulations.
The EASC found that the SDA logos on a public roadway constitute a clear violation of Article 703, which prohibits the use of public roads to display political party names or slogans. The EASC directs the SDA to take the steps necessary to ensure that the logos are removed immediately. If the SDA did not comply with this by 1 November 2000, the EASC stated that it would strike an appropriate number of SDA candidates on a daily basis until the SDA logos in the Ciglane tunnel are removed.
EASC Case No. 00-GE-58 (DNS Violation of GFAP)
At its session on October 30, 2000 the EASC found that Mr. Borko Reljic, a Democratic Peoples Union (DNS) candidate for the RS National Assembly, violated the provisions of the General Framework Agreement for Peace (GFAP) for his involvement in the Serb student demonstration in Brcko on 17, 18 and 19 October 2000. The demonstrations, which resulted in injuries and damage to property, were thought by the police to be too organized for the students to have initiated without outside assistance. One of the "goals" of the demonstrations was to have the Brcko District end efforts to establish a multi-ethnic school system.
Mr. Reljic has been an opponent of multi-ethnic schools in Brcko and the EASC investigation found that he had called the school and asked that school officials join the Serb students in the demonstrations. The students of Brcko have a basic human right to attend schools in Brcko without discrimination as to national or social origin. The establishment of separate schools violates this right.
The EASC found that Mr. Reljic's conduct, in supporting the demonstrations that had an anti-GFAP purpose and in the manipulation of students for a political agenda during the campaign period, was incompatible with his candidacy for the RS Assembly. Mr. Reljic was therefore stricken as a candidate for the RS National Assembly. The EASC noted that since the investigation into the Brcko demonstrations is on-going, the EASC has retained jurisdiction of this matter for possible further action.
EASC Case No. 00-GE-37, et. seq. (Summary Decision)
The EASC, on its session on October 30, 2000, also ruled on seven separate appeals, involving seven individuals who alleged that they were placed on party candidates list without their consent. The provision pertaining to candidates list is found in Article 416 of the PEC Rules and Regulations.
The EASC investigated the grounds for each individual's appeal and all the political parties involved were contacted and provided an opportunity to respond to the allegations. In five out of the seven cases, the parties responded and provided an explanation. However, in all of the cases the signature of the complainant on the candidates registration form was clearly not that of the individual involved. In one case the party was censured and in the remaining six cases the first candidate on the list for the particular party was struck from the list as a sanction for the parties' inappropriate conduct.
The EASC directed the Election Department to remove these candidate's names from the candidates list and to inform voters that these individuals are no longer candidates.
Copies of the full decisions are available from the OSCE Press Office or at the OSCE website www.oscebih.org.
For more information please contact OSCE Spokesperson Luke Zahner at ++387/(0)33 292-449 or ++387/(0)66 144-311.
The OSCE established its present Mission to Bosnia and Herzegovina on 18 December 1995. In accordance with the General Framework Agreement for Peace (GFAP), the OSCE Mission 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.
EASC Case No. 00-GE-35 (BOSS Party)
On October 9, 2000 Una-Sana Canton Radio-Television (RTV-USK) aired a debate for political parties participating in the cantonal elections. Representatives of five political parties appeared on the program, including Mr. Mirnes Ajanovic, President of the BOSS party, and Mr. Senad Biscevic, an SDP candidate for the Cantonal Assembly. After the broadcast the SDP-BiH filed a complaint with the EASC regarding alleged insults and inflammatory remarks made by Mr. Ajanovic about Mr. Biscevic personally and about the SDP.
The EASC reviewed the broadcast in its entirely and found that Mr. Ajanovic made a number of unsubstantiated and inflammatory statements regarding not only Mr. Biscevic and the SDP, but other parties as well, all of which had the potential to spread hatred. Pursuant to Article 604 of the PEC Rules and Regulations, the EASC censured Mr. Ajanovic, and placed him and the BOSS party on notice that further statements of a similar nature would lead to more serious sanctions.
The EASC would like to take this opportunity to remind all political parties, their officials and candidates, that the use of false statements, personal insults and intolerant language has no place in a democratic election campaign. In political debate there is ample room for disagreement and dialogue on policy issues and factual issues. Inflammatory statements of a personal nature deflect attention from the real public policy issues and denigrate political discourse in general.
EASC Case No. 00-GE-43 (HDZ BiH Political Advertisement)
At their October 30, 2000 session the EASC issued a decision concerning the appropriateness of a television advertisement submitted to RTV Mostar by the Croat Democratic Union Party (HDZ). RTV Mostar decided not to air the advertisement, "Za Bolje Danas", and sought an opinion from the Independent Media Commission (IMC). The IMC referred the case to the EASC for adjudication.
After reviewing the advertisement the EASC found that, regardless of HDZ's intentions, the piece contained imagery that was unduly provocative and could spread hatred. Use of this type of inflammatory advertising is not necessary to project HDZ's campaign platform. The advertisement thus violates the Rules of Conduct contained in the Provisional Election Commission (PEC) Rules and Regulations.
The EASC directed HDZ to take all necessary steps to ensure that this advertisement was immediately withdrawn from all television broadcasts receivable in Bosnia and Herzegovina and to provide the EASC with documentation of this action by 1 November 2000. If the advertisement is not withdrawn by 1 November, the EASC stated that it would strike an appropriate number of HDZ candidates on a daily basis until the advertisement is withdrawn.
EASC Case No. 00-GE-55 (SDA Use of Public Roads)
At its session on October 30, 2000, the EASC ruled on a complaint from the Social Democratic Party (SDP) regarding a violation of the use of public facilities by the Party of Democratic Action (SDA). The complaint alleged that the SDA logos painted on the walls of the Ciglane tunnel violated Article 703 of the PEC Rules and Regulations.
The EASC found that the SDA logos on a public roadway constitute a clear violation of Article 703, which prohibits the use of public roads to display political party names or slogans. The EASC directs the SDA to take the steps necessary to ensure that the logos are removed immediately. If the SDA did not comply with this by 1 November 2000, the EASC stated that it would strike an appropriate number of SDA candidates on a daily basis until the SDA logos in the Ciglane tunnel are removed.
EASC Case No. 00-GE-58 (DNS Violation of GFAP)
At its session on October 30, 2000 the EASC found that Mr. Borko Reljic, a Democratic Peoples Union (DNS) candidate for the RS National Assembly, violated the provisions of the General Framework Agreement for Peace (GFAP) for his involvement in the Serb student demonstration in Brcko on 17, 18 and 19 October 2000. The demonstrations, which resulted in injuries and damage to property, were thought by the police to be too organized for the students to have initiated without outside assistance. One of the "goals" of the demonstrations was to have the Brcko District end efforts to establish a multi-ethnic school system.
Mr. Reljic has been an opponent of multi-ethnic schools in Brcko and the EASC investigation found that he had called the school and asked that school officials join the Serb students in the demonstrations. The students of Brcko have a basic human right to attend schools in Brcko without discrimination as to national or social origin. The establishment of separate schools violates this right.
The EASC found that Mr. Reljic's conduct, in supporting the demonstrations that had an anti-GFAP purpose and in the manipulation of students for a political agenda during the campaign period, was incompatible with his candidacy for the RS Assembly. Mr. Reljic was therefore stricken as a candidate for the RS National Assembly. The EASC noted that since the investigation into the Brcko demonstrations is on-going, the EASC has retained jurisdiction of this matter for possible further action.
EASC Case No. 00-GE-37, et. seq. (Summary Decision)
The EASC, on its session on October 30, 2000, also ruled on seven separate appeals, involving seven individuals who alleged that they were placed on party candidates list without their consent. The provision pertaining to candidates list is found in Article 416 of the PEC Rules and Regulations.
The EASC investigated the grounds for each individual's appeal and all the political parties involved were contacted and provided an opportunity to respond to the allegations. In five out of the seven cases, the parties responded and provided an explanation. However, in all of the cases the signature of the complainant on the candidates registration form was clearly not that of the individual involved. In one case the party was censured and in the remaining six cases the first candidate on the list for the particular party was struck from the list as a sanction for the parties' inappropriate conduct.
The EASC directed the Election Department to remove these candidate's names from the candidates list and to inform voters that these individuals are no longer candidates.
Copies of the full decisions are available from the OSCE Press Office or at the OSCE website www.oscebih.org.
For more information please contact OSCE Spokesperson Luke Zahner at ++387/(0)33 292-449 or ++387/(0)66 144-311.
The OSCE established its present Mission to Bosnia and Herzegovina on 18 December 1995. In accordance with the General Framework Agreement for Peace (GFAP), the OSCE Mission 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.