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Decision issued on election complaints in Bosnia and Herzegovina
SARAJEVO 29 November 2000
SARAJEVO, 29 November 2000 - On 28 November 2000 the Election Appeals Sub-Commission (EASC) issued a supplemental decision involving two cases which had been decided by the EASC on November 23.
In Case No. 00-GE-148 it was alleged that the Party of Democratic Action (SDA) caused a speech by Alija Izetbegovic to be broadcast on a public address system on election day close to a polling station. Case No. 00-GE-157 contained a number of separate allegations, one of which alleged that the Democratic Socialist Party (DSP) violated the silence period provisions by distributing campaign material within 50 meters of a polling station. In each of these situations the EASC found a violation of the silence period provisions and sanctioned the parties by striking a candidate.
Since the issuance of those decisions on November 23, additional evidence has come to the attention of EASC in regard to both cases. In light of this additional evidence, the decisions in EASC Case Nos. 00-GE-148 and that portion of 00-GE-157 which pertains to the allegation that the DSP violated the campaign silence period by distributing campaign material within 50 meters of a polling station are hereby vacated and the complaints in both of the cases are dismissed. The candidates who were struck in the original decisions in those two cases shall not be removed from the list. Specifically, Mr. Bajazit Jasarevic of the SDA is reinstated to the SDA candidates list Cantonal Assembly for Canton 3 and Mr. Dragoljub Trivanovic of the DSP is reinstated to the DSP candidates list for the Republika Srpska National Assembly from Constituency 301.
For more information please contact OSCE Deputy Spokesperson Sanela Tunovic Becirovic at ++ 387/(0)33 292-338 or at ++ 387/(0)66 134 758.
" 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.
In Case No. 00-GE-148 it was alleged that the Party of Democratic Action (SDA) caused a speech by Alija Izetbegovic to be broadcast on a public address system on election day close to a polling station. Case No. 00-GE-157 contained a number of separate allegations, one of which alleged that the Democratic Socialist Party (DSP) violated the silence period provisions by distributing campaign material within 50 meters of a polling station. In each of these situations the EASC found a violation of the silence period provisions and sanctioned the parties by striking a candidate.
Since the issuance of those decisions on November 23, additional evidence has come to the attention of EASC in regard to both cases. In light of this additional evidence, the decisions in EASC Case Nos. 00-GE-148 and that portion of 00-GE-157 which pertains to the allegation that the DSP violated the campaign silence period by distributing campaign material within 50 meters of a polling station are hereby vacated and the complaints in both of the cases are dismissed. The candidates who were struck in the original decisions in those two cases shall not be removed from the list. Specifically, Mr. Bajazit Jasarevic of the SDA is reinstated to the SDA candidates list Cantonal Assembly for Canton 3 and Mr. Dragoljub Trivanovic of the DSP is reinstated to the DSP candidates list for the Republika Srpska National Assembly from Constituency 301.
For more information please contact OSCE Deputy Spokesperson Sanela Tunovic Becirovic at ++ 387/(0)33 292-338 or at ++ 387/(0)66 134 758.
" 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.