Newsroom
Bosnia and Herzegovina election appeals commission ceases operations
SARAJEVO 5 April 2001
SARAJEVO, 5 April 2001 - At its meeting on 30 March, the Provisional Election Commission (PEC) paid special tribute to the Election Appeals Sub-Commission (EASC), which has ceased operations as part of the ongoing process of transferring the PEC's authorities under Annex III of the General Framework Agreement for Peace to the permanent Bosnia and Herzegovina authorities.
OSCE Head of Mission Ambassador Robert L. Barry, as Chair of the PEC, commented on the closure of the EASC. "The EASC has, in its five year existence, made immeasurable contributions to the peace process and to the political evolution of Bosnia and Herzegovina. Starting with its first major decision in 1996 regarding an attack on SBiH President Haris Silajdzic in Cazin, the EASC has constantly acted swiftly and robustly against those who would try to derail the elections process through, violence, intimidation, or other breaches of the electoral law," said Barry.
"Through the seven elections since the Peace agreement until today, the EASC never deviated from its principles to dispense justice firmly, fairly and even-handedly. But for the EASC, I doubt we would not have seen the evolution of democracy in this country to the point where the seemingly unshakeable grip on government of war-time nationalist parties is challenged and even replaced by parties and coalitions representing political pluralism and multi-ethnicity. I was always impressed by the courage and commitment of the national judges on the EASC, who for the five years of the EASC's existence worked together."
The EASC was formed in May 1996 by the PEC as an independent juridical body to investigate and adjudicate violations of the PEC Rules and Regulations. Initially the PEC envisioned the EASC to last only through the elections scheduled for September 1996. Five years and six elections later EASC has finally closed its doors.
From May 1996 to December 1999 the Chief Judge of EASC was Finn Lynghjem, a noted Norwegian jurist. He was succeeded in January 2000 by Charles E. Erdmann of the United States, a former Montana State Supreme Court Justice.
The EASC consisted of three national judges (one from each ethnic group), three national legal counsels (also from each ethnic group), and one international chief judge as Chair. The national judges were: Suada Selimovic, President of the Federation Supreme Court; Venceslav Ilic, Federation Supreme Court Justice; and Vitomir Peric, a distinguished attorney from the Republika Srpska. National legal counsels were: Jasminka Putica, Federation Supreme Court Justice; Sadudin Kratovic, Federation Supreme Court Justice; and Zeljko Rasevic, Basic Court Judge in Sarajevo (Republika Srpska).
The staff of the EASC consisted of six interpreter/translators, a director of investigations and, over the five-year period of its existence, numerous international legal counsels.
The jurisdiction of the EASC was defined by the provisions of the PEC Rules and Regulations consisting of several general areas such as political party and candidate registration, voter registration, campaign period violations, election day violations and post election certification and election implementation. In addition the EASC retained jurisdiction over anything referred to it for adjudication by the PEC.
Since its inception in 1996 the EASC has received 1,095 complaints, appeals and referrals. During this same period 655 decisions were issued, 474 sanctions and 227 candidates were struck from the political party candidates' lists.
The first post-conflict election in Bosnia and Herzegovina in September 1996 was marked by violence, intimidation and election fraud. The EASC played a major role by investigating and adjudicating these types of complaints, and showing the nationalist political parties and candidates that this behaviour would not be tolerated setting stage for the continually improving elections and campaign periods that followed over the years. The remedies used by EASC, including the removal of candidates, proved to be a useful tool in ensuring that freeand fair elections were conducted.
The professional and local staff of the EASC should be commended for their contribution to the improvement and success of the Bosnia and Herzegovina election process. A special congratulation, however, is given to the national judges and legal counsels, whose independent decisions, made under sometimes-difficult circumstances, were the basis for the success of the EASC.
For further information, please contact OSCE Spokesperson Luke Zahner at ++387/(0)33 292-449.
OSCE Head of Mission Ambassador Robert L. Barry, as Chair of the PEC, commented on the closure of the EASC. "The EASC has, in its five year existence, made immeasurable contributions to the peace process and to the political evolution of Bosnia and Herzegovina. Starting with its first major decision in 1996 regarding an attack on SBiH President Haris Silajdzic in Cazin, the EASC has constantly acted swiftly and robustly against those who would try to derail the elections process through, violence, intimidation, or other breaches of the electoral law," said Barry.
"Through the seven elections since the Peace agreement until today, the EASC never deviated from its principles to dispense justice firmly, fairly and even-handedly. But for the EASC, I doubt we would not have seen the evolution of democracy in this country to the point where the seemingly unshakeable grip on government of war-time nationalist parties is challenged and even replaced by parties and coalitions representing political pluralism and multi-ethnicity. I was always impressed by the courage and commitment of the national judges on the EASC, who for the five years of the EASC's existence worked together."
The EASC was formed in May 1996 by the PEC as an independent juridical body to investigate and adjudicate violations of the PEC Rules and Regulations. Initially the PEC envisioned the EASC to last only through the elections scheduled for September 1996. Five years and six elections later EASC has finally closed its doors.
From May 1996 to December 1999 the Chief Judge of EASC was Finn Lynghjem, a noted Norwegian jurist. He was succeeded in January 2000 by Charles E. Erdmann of the United States, a former Montana State Supreme Court Justice.
The EASC consisted of three national judges (one from each ethnic group), three national legal counsels (also from each ethnic group), and one international chief judge as Chair. The national judges were: Suada Selimovic, President of the Federation Supreme Court; Venceslav Ilic, Federation Supreme Court Justice; and Vitomir Peric, a distinguished attorney from the Republika Srpska. National legal counsels were: Jasminka Putica, Federation Supreme Court Justice; Sadudin Kratovic, Federation Supreme Court Justice; and Zeljko Rasevic, Basic Court Judge in Sarajevo (Republika Srpska).
The staff of the EASC consisted of six interpreter/translators, a director of investigations and, over the five-year period of its existence, numerous international legal counsels.
The jurisdiction of the EASC was defined by the provisions of the PEC Rules and Regulations consisting of several general areas such as political party and candidate registration, voter registration, campaign period violations, election day violations and post election certification and election implementation. In addition the EASC retained jurisdiction over anything referred to it for adjudication by the PEC.
Since its inception in 1996 the EASC has received 1,095 complaints, appeals and referrals. During this same period 655 decisions were issued, 474 sanctions and 227 candidates were struck from the political party candidates' lists.
The first post-conflict election in Bosnia and Herzegovina in September 1996 was marked by violence, intimidation and election fraud. The EASC played a major role by investigating and adjudicating these types of complaints, and showing the nationalist political parties and candidates that this behaviour would not be tolerated setting stage for the continually improving elections and campaign periods that followed over the years. The remedies used by EASC, including the removal of candidates, proved to be a useful tool in ensuring that freeand fair elections were conducted.
The professional and local staff of the EASC should be commended for their contribution to the improvement and success of the Bosnia and Herzegovina election process. A special congratulation, however, is given to the national judges and legal counsels, whose independent decisions, made under sometimes-difficult circumstances, were the basis for the success of the EASC.
For further information, please contact OSCE Spokesperson Luke Zahner at ++387/(0)33 292-449.