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Bosnia and Herzegovina political parties sanctioned for election campaign violations
SARAJEVO 16 November 2000
SARAJEVO, 16 November 2000 - At its session on November 15 the Election Appeals Sub-Commission (EASC) issued the following decisions:
ASC Case No. 00-GE-115: HDZ Referendum - Silence Period Violation
At its session on November 15, the EASC issued a decision in response to a referral from the Provisional Election Commission (PEC) which alleged that the conduct of the referendum in various cantons organized by Croat political parties violated the campaign silence period. The PEC asserted that the referendum and the campaign in support of the referendum were an extension of the general election political campaigns of the various political parties involved. Therefore, the referendum and supporting activities would constitute a political campaign within the scope of the PEC Rules and Regulations.
The EASC investigation found that while other Croat political parties participated in the steering committee to form the Croat National Congress, the evidence presented demonstrated that the HDZ almost exclusively took an active role in supporting, promoting, and exploiting the referendum as part of their general election campaign.
The EASC also determined that the referendum voting locations constituted a meeting for the purpose of election campaigning. As this activity was conducted during the silence period, with approximately 600 referendum voting locations, this constitutes a serious violation of the campaign silence provisions of the Rules and Regulations. The EASC further found that the HDZ and its officials were involved in radio broadcasts during the election silence period that had the purpose of influencing voters.
However, the EASC found that while there were instances of referendum materials or posters found near or even in general election polling stations, the evidence presented did not establish a significant violation.
Despite being informed that the conduct of the referendum on election day would be considered by the PEC as a violation of the campaign silence period, the HDZ actively supported the referendum activities as an integral component of its election campaign during the campaign silence period. The EASC determined that the violations of the Rules and Regulations warranted significant sanctions.
The EASC censured the HDZ for supporting the referendum during the campaign silence period. As the greatest concentration of referendum voting locations appeared to be in cantons 2, 6, 7, 8, and 10, the EASC struck the two candidates who received the most votes on the HDZ lists for the cantonal assemblies in Cantons 2, 6, 7, 8 and 10. The mandates of these positions were removed, cannot be reallocated, and will remain vacant.
EASC Decision No.00-GE-52, 00-GE-72: Supplemental Decision - Party for BiH
At their November 15 session, the EASC issued a supplemental decision for the purpose of issuing sanctions in regard to the Party for BiH campaign slogans "For a BiH without entities" and "It is time for BiH without entities" and in regard to Dr. Silajdzic's references to the Republika Srpska as "that which was known as the Republika Srpska".
In the first decision, the EASC directed the Party for BiH to provide a public explanation, via press release, of the constitutional framework of the campaign slogans in question. In the second decision, the EASC directed Dr. Silajdzic to personally provide a public explanation, via press conference, addressing the context and meaning of his previous statements regarding Republika Srpska.
The EASC found that the Party for BiH and Dr. Silajdzic did not comply with the EASC Decisions, and therefore the Party for BiH was censured. The EASC, pursuant to its authority, struck from the Party for BiH candidates lists Mr. Enes Duvnjaković for the Federation Parliament House of Representatives, Constituency 403; and Mr. Alija Kulenović for the Cantonal Assembly, Canton 4, Constituency 204.
EASC Case No. 00-GE-111: SDA Pamphlet
In its session on November 15, the EASC issued a decision in an appeal from the Social Democratic Party (SDP) involving a political pamphlet distributed by the Party of Democratic Action (SDA), Municipal Board Tesanj. The EASC reviewed the contents of the pamphlet, entitled "How to Vote for the SDA", and determined that the pamphlet contained instructions on how to receive "assistance" at the polling stations which blatantly violated the provision on voter assistance found in Article 537 of the PEC Rules and Regulations. As a sanction, the EASC struck Mr. Sefik Dzaferović from the SDA candidates list for the Cantonal Assembly, Canton 4, Constituency 204.
EASC Case No. 00-GE-105 (HDZ): Campaign Financing Requirements
At its session on November 15, the EASC issued a decision involving an allegation that the Croat Democratic Union (HDZ) violated the campaign financing requirements set out in the PEC Rules and Regulations and the Law on Party Financing. The PEC alleged that the HDZ deliberately and systematically obstructed the audit of its financial records by an OSCE audit team.
The EASC found that the HDZ obstructed the audit team on several occasions by failing to co-operate in scheduling times for the review of their records, and failing to disclose information and records repeatedly requested by the audit team. The EASC noted that the party received two letters from the PEC warning that a failure to co-operate with the audit team would result in sanctions against the party.
As a sanction, the EASC struck three candidates from the HDZ candidates list: Mr. Mato Franjičević, for the Federation Parliament House of Representatives, Constituency 412; Mr. Marko Tokić for the BiH Parliament House of Representatives, Constituency 511; and Mr. Dragan Čović for the BiH Parliament House of Representatives, Constituency 512. The EASC directed the party to immediately co-operate with the audit team and disclose the requested information and records. The EASC retained jurisdiction in this case and warned the HDZ that future non-compliance would result in more significant sanctions.
EASC Case No. 00-GE-120 et. seq.: Polling Station Complaints - Summary Decision
At it session on November 15, the EASC issued a summary decision which included seventeen complaints alleging violations at various polling stations on election day. It has been the practice for the EASC to issue summary decisions for cases in which the EASC has no jurisdiction or which involve relatively minor violations.
Of these seventeen cases, fourteen were dismissed based on insufficient evidence or for failing to state a violation of the PEC Rules and Regulations. In two cases, the violation was found to have had no impact on the outcome of the elections. The EASC found a violation of the PEC Rules and Regulations in one case and censured the polling station chairperson and directed that he not be allowed to participate in the election process in the future. The EASC has a significant number of polling station complaints in the process of adjudication, which will be issued at subsequent EASC sessions.
EASC Case No. 00-GE-110, et.seq: Silence Period Violations - Summary Decision
At its session on November 15, the EASC issued a summary decision containing nine separate complaints which alleged violation of the "campaign silence period" established in the PEC Rules and Regulations. The EASC notes that the provisions regulating the "campaign silence period" changed between the municipal election and the general election, and many of the silence period complaints did not allege a violation of the new silent period provisions. It has been the practice for the EASC to issue summary decisions for cases in which the EASC has no jurisdiction or which involve relatively minor violations.
Of the nine cases which alleged violations of the campaign silence period, the EASC found that six did not allege a violation of the Rules and Regulations and were dismissed on that basis. One case was dismissed on the basis of a lack of evidence. The EASC found a violation of the Rules and Regulations in two cases and in each case the party involved was censured. The EASC has a number of additional "campaign silence period" cases in the process of adjudication, which will be issued at subsequent EASC sessions.
EASC Case No. 00-GE-101: Candidates List Complaint - Croat People's Union (HNZ)
In its session on November 15, the EASC issued a decision regarding an individual who alleged that he was placed on the candidates list of the Croat People's Union (HNZ) without his knowledge or consent. The provision pertaining to candidates list is found in Article 416 of the PEC Rules and Regulations.
The EASC investigation revealed that the signature on the candidate form was not the signature of the individual involved. The party provided a response, which alleged that the complainant gave his consent to be placed on the candidate list for the HNZ, and because of filing deadlines, the HNZ filed the application for him. The party's response was not consistent with the initial complaint and conceded that the signature was not that of the complainant. As a sanction, the EASC struck Mr. Pero Buntić from the HNZ candidates list for the Federation Parliament House of Representatives.
The Election Appeals Sub-Commission (EASC) was established by the Provisional Election Commission (PEC) in May of 1996. The EASC's mandate is to investigate and to adjudicate complaints involving violations of the PEC Rules and Regulations and other electoral provisions. As an independent juridical body, the EASC has the authority to receive complaints regarding the electoral process and to determine whether there has been a violation of either the PEC Rules or Regulations or the election provisions in the General Framework Agreement for Peace (GFAP, or the Dayton Peace Accords). The EASC is granted plenary power to gather evidence. In addition, the EASC has the authority to sanction parties and candidates for violations of the PEC Rules and Regulations. The EASC has a range of sanctioning power, including, among other things, levying fines, removing candidates from a candidates list, removing an individual candidate from the ballot, prohibiting a political party or coalition from running in an election, decertifying a political party or coalition already listed on the ballot, and removing elected officials from office. The EASC retains discretionary power to determine appropriate penalties for actions that are intended to disrupt the electoral process. The EASC also has the authority to apply to the PEC for modifications of the PEC Rules and Regulations; however, no decision by the PEC shall have a retroactive impact upon the decisions of the EASC. The decisions of the EASC are final and binding and cannot be appealed.
ASC Case No. 00-GE-115: HDZ Referendum - Silence Period Violation
At its session on November 15, the EASC issued a decision in response to a referral from the Provisional Election Commission (PEC) which alleged that the conduct of the referendum in various cantons organized by Croat political parties violated the campaign silence period. The PEC asserted that the referendum and the campaign in support of the referendum were an extension of the general election political campaigns of the various political parties involved. Therefore, the referendum and supporting activities would constitute a political campaign within the scope of the PEC Rules and Regulations.
The EASC investigation found that while other Croat political parties participated in the steering committee to form the Croat National Congress, the evidence presented demonstrated that the HDZ almost exclusively took an active role in supporting, promoting, and exploiting the referendum as part of their general election campaign.
The EASC also determined that the referendum voting locations constituted a meeting for the purpose of election campaigning. As this activity was conducted during the silence period, with approximately 600 referendum voting locations, this constitutes a serious violation of the campaign silence provisions of the Rules and Regulations. The EASC further found that the HDZ and its officials were involved in radio broadcasts during the election silence period that had the purpose of influencing voters.
However, the EASC found that while there were instances of referendum materials or posters found near or even in general election polling stations, the evidence presented did not establish a significant violation.
Despite being informed that the conduct of the referendum on election day would be considered by the PEC as a violation of the campaign silence period, the HDZ actively supported the referendum activities as an integral component of its election campaign during the campaign silence period. The EASC determined that the violations of the Rules and Regulations warranted significant sanctions.
The EASC censured the HDZ for supporting the referendum during the campaign silence period. As the greatest concentration of referendum voting locations appeared to be in cantons 2, 6, 7, 8, and 10, the EASC struck the two candidates who received the most votes on the HDZ lists for the cantonal assemblies in Cantons 2, 6, 7, 8 and 10. The mandates of these positions were removed, cannot be reallocated, and will remain vacant.
EASC Decision No.00-GE-52, 00-GE-72: Supplemental Decision - Party for BiH
At their November 15 session, the EASC issued a supplemental decision for the purpose of issuing sanctions in regard to the Party for BiH campaign slogans "For a BiH without entities" and "It is time for BiH without entities" and in regard to Dr. Silajdzic's references to the Republika Srpska as "that which was known as the Republika Srpska".
In the first decision, the EASC directed the Party for BiH to provide a public explanation, via press release, of the constitutional framework of the campaign slogans in question. In the second decision, the EASC directed Dr. Silajdzic to personally provide a public explanation, via press conference, addressing the context and meaning of his previous statements regarding Republika Srpska.
The EASC found that the Party for BiH and Dr. Silajdzic did not comply with the EASC Decisions, and therefore the Party for BiH was censured. The EASC, pursuant to its authority, struck from the Party for BiH candidates lists Mr. Enes Duvnjaković for the Federation Parliament House of Representatives, Constituency 403; and Mr. Alija Kulenović for the Cantonal Assembly, Canton 4, Constituency 204.
EASC Case No. 00-GE-111: SDA Pamphlet
In its session on November 15, the EASC issued a decision in an appeal from the Social Democratic Party (SDP) involving a political pamphlet distributed by the Party of Democratic Action (SDA), Municipal Board Tesanj. The EASC reviewed the contents of the pamphlet, entitled "How to Vote for the SDA", and determined that the pamphlet contained instructions on how to receive "assistance" at the polling stations which blatantly violated the provision on voter assistance found in Article 537 of the PEC Rules and Regulations. As a sanction, the EASC struck Mr. Sefik Dzaferović from the SDA candidates list for the Cantonal Assembly, Canton 4, Constituency 204.
EASC Case No. 00-GE-105 (HDZ): Campaign Financing Requirements
At its session on November 15, the EASC issued a decision involving an allegation that the Croat Democratic Union (HDZ) violated the campaign financing requirements set out in the PEC Rules and Regulations and the Law on Party Financing. The PEC alleged that the HDZ deliberately and systematically obstructed the audit of its financial records by an OSCE audit team.
The EASC found that the HDZ obstructed the audit team on several occasions by failing to co-operate in scheduling times for the review of their records, and failing to disclose information and records repeatedly requested by the audit team. The EASC noted that the party received two letters from the PEC warning that a failure to co-operate with the audit team would result in sanctions against the party.
As a sanction, the EASC struck three candidates from the HDZ candidates list: Mr. Mato Franjičević, for the Federation Parliament House of Representatives, Constituency 412; Mr. Marko Tokić for the BiH Parliament House of Representatives, Constituency 511; and Mr. Dragan Čović for the BiH Parliament House of Representatives, Constituency 512. The EASC directed the party to immediately co-operate with the audit team and disclose the requested information and records. The EASC retained jurisdiction in this case and warned the HDZ that future non-compliance would result in more significant sanctions.
EASC Case No. 00-GE-120 et. seq.: Polling Station Complaints - Summary Decision
At it session on November 15, the EASC issued a summary decision which included seventeen complaints alleging violations at various polling stations on election day. It has been the practice for the EASC to issue summary decisions for cases in which the EASC has no jurisdiction or which involve relatively minor violations.
Of these seventeen cases, fourteen were dismissed based on insufficient evidence or for failing to state a violation of the PEC Rules and Regulations. In two cases, the violation was found to have had no impact on the outcome of the elections. The EASC found a violation of the PEC Rules and Regulations in one case and censured the polling station chairperson and directed that he not be allowed to participate in the election process in the future. The EASC has a significant number of polling station complaints in the process of adjudication, which will be issued at subsequent EASC sessions.
EASC Case No. 00-GE-110, et.seq: Silence Period Violations - Summary Decision
At its session on November 15, the EASC issued a summary decision containing nine separate complaints which alleged violation of the "campaign silence period" established in the PEC Rules and Regulations. The EASC notes that the provisions regulating the "campaign silence period" changed between the municipal election and the general election, and many of the silence period complaints did not allege a violation of the new silent period provisions. It has been the practice for the EASC to issue summary decisions for cases in which the EASC has no jurisdiction or which involve relatively minor violations.
Of the nine cases which alleged violations of the campaign silence period, the EASC found that six did not allege a violation of the Rules and Regulations and were dismissed on that basis. One case was dismissed on the basis of a lack of evidence. The EASC found a violation of the Rules and Regulations in two cases and in each case the party involved was censured. The EASC has a number of additional "campaign silence period" cases in the process of adjudication, which will be issued at subsequent EASC sessions.
EASC Case No. 00-GE-101: Candidates List Complaint - Croat People's Union (HNZ)
In its session on November 15, the EASC issued a decision regarding an individual who alleged that he was placed on the candidates list of the Croat People's Union (HNZ) without his knowledge or consent. The provision pertaining to candidates list is found in Article 416 of the PEC Rules and Regulations.
The EASC investigation revealed that the signature on the candidate form was not the signature of the individual involved. The party provided a response, which alleged that the complainant gave his consent to be placed on the candidate list for the HNZ, and because of filing deadlines, the HNZ filed the application for him. The party's response was not consistent with the initial complaint and conceded that the signature was not that of the complainant. As a sanction, the EASC struck Mr. Pero Buntić from the HNZ candidates list for the Federation Parliament House of Representatives.
- For more information please call OSCE Spokesperson Luke Zahner at ++387/(0)33 292-449 or ++387/(0)66 144-311.
The Election Appeals Sub-Commission (EASC) was established by the Provisional Election Commission (PEC) in May of 1996. The EASC's mandate is to investigate and to adjudicate complaints involving violations of the PEC Rules and Regulations and other electoral provisions. As an independent juridical body, the EASC has the authority to receive complaints regarding the electoral process and to determine whether there has been a violation of either the PEC Rules or Regulations or the election provisions in the General Framework Agreement for Peace (GFAP, or the Dayton Peace Accords). The EASC is granted plenary power to gather evidence. In addition, the EASC has the authority to sanction parties and candidates for violations of the PEC Rules and Regulations. The EASC has a range of sanctioning power, including, among other things, levying fines, removing candidates from a candidates list, removing an individual candidate from the ballot, prohibiting a political party or coalition from running in an election, decertifying a political party or coalition already listed on the ballot, and removing elected officials from office. The EASC retains discretionary power to determine appropriate penalties for actions that are intended to disrupt the electoral process. The EASC also has the authority to apply to the PEC for modifications of the PEC Rules and Regulations; however, no decision by the PEC shall have a retroactive impact upon the decisions of the EASC. The decisions of the EASC are final and binding and cannot be appealed.