Newsroom
OSCE committed to implementation of property law in Bosnia and Herzegovina
SARAJEVO 23 August 2001
SARAJEVO, 23 August 2001 (OSCE) - With regard to recent media reports about a legal controversy regarding alleged illegal occupancy of real property in the region of Banja Luka, the OSCE Mission to Bosnia and Herzegovina wishes to reiterate its commitment particularly to the respect for human rights and the rule of law in Bosnia and Herzegovina.
In the case of those mentioned media reports, a decision by the Bosnia and Herzegovina Commission for Real Property Claims of Displaced Persons and Refugees was taken against the current occupant, which has not yet been made enforceable by the competent housing authority of the Republika Srpska, one of the country's two entities. The dispute is also being dealt with by the basic court in Banja Luka, Republika Srpska's capital. In the context of the case, the name of Zeljko Mirjanic, Deputy Speaker of the Bosnia and Herzegovina House of Representatives, was mentioned.
The OSCE Mission to Bosnia and Herzegovina strongly advocates speedy implementation of all claims under the property legislation, including those based on decisions by the Commission for Real Property Claims, as a precondition for the return of refugees and displaced persons.
The Mission is still investigating this case, as well as all other cases being brought to its attention. It will take all measures possible under its mandate, as appropriate, including vigorous intervention with the competent authorities, should such necessity arise. There is reason to clarify, however, that the OSCE cannot replace the competent local authorities in taking legally binding decisions.
Regarding the case of Mr. Mirjanic, the Mission looked into the land register as per August 2001 and established that he is not the owner of the property in question. Neither does he live there. The Commission's aforementioned decision has been issued against his mother, but not against him. Not being the legal owner of the property and also not living there, he is not in a capacity to return or vacate it.
The OSCE Mission to Bosnia and Herzegovina calls upon all persons with an immediate or indirect interest in this case to settle their disputes among themselves rather than through the media. We offer assistance by hosting a meeting attended by all of them, including their lawyers, if it is so wished.
The OSCE remains committed to seeking full implementation of the right to return under Annex 7 of the Dayton Peace Accords in the context of the OSCE Mission's role to monitor and report on human rights issues throughout Bosnia and Herzegovina. We urge all temporary occupants to vacate other people's property and take affirmative steps to resolve their housing situations in accordance with the law. We further expect all administrative and judicial bodies to apply the property laws fairly, expeditiously and impartially, in this as in every other case.
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For more information please contact OSCE Acting Spokesperson, Henning Philipp, at +387 66 144 300, or OHR Spokesperson Alexandra Stiglmayer at ++ 387/66133-532.
In the case of those mentioned media reports, a decision by the Bosnia and Herzegovina Commission for Real Property Claims of Displaced Persons and Refugees was taken against the current occupant, which has not yet been made enforceable by the competent housing authority of the Republika Srpska, one of the country's two entities. The dispute is also being dealt with by the basic court in Banja Luka, Republika Srpska's capital. In the context of the case, the name of Zeljko Mirjanic, Deputy Speaker of the Bosnia and Herzegovina House of Representatives, was mentioned.
The OSCE Mission to Bosnia and Herzegovina strongly advocates speedy implementation of all claims under the property legislation, including those based on decisions by the Commission for Real Property Claims, as a precondition for the return of refugees and displaced persons.
The Mission is still investigating this case, as well as all other cases being brought to its attention. It will take all measures possible under its mandate, as appropriate, including vigorous intervention with the competent authorities, should such necessity arise. There is reason to clarify, however, that the OSCE cannot replace the competent local authorities in taking legally binding decisions.
Regarding the case of Mr. Mirjanic, the Mission looked into the land register as per August 2001 and established that he is not the owner of the property in question. Neither does he live there. The Commission's aforementioned decision has been issued against his mother, but not against him. Not being the legal owner of the property and also not living there, he is not in a capacity to return or vacate it.
The OSCE Mission to Bosnia and Herzegovina calls upon all persons with an immediate or indirect interest in this case to settle their disputes among themselves rather than through the media. We offer assistance by hosting a meeting attended by all of them, including their lawyers, if it is so wished.
The OSCE remains committed to seeking full implementation of the right to return under Annex 7 of the Dayton Peace Accords in the context of the OSCE Mission's role to monitor and report on human rights issues throughout Bosnia and Herzegovina. We urge all temporary occupants to vacate other people's property and take affirmative steps to resolve their housing situations in accordance with the law. We further expect all administrative and judicial bodies to apply the property laws fairly, expeditiously and impartially, in this as in every other case.
--
For more information please contact OSCE Acting Spokesperson, Henning Philipp, at +387 66 144 300, or OHR Spokesperson Alexandra Stiglmayer at ++ 387/66133-532.