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Two decisions issued on election complaints in Bosnia and Herzegovina
SARAJEVO 13 February 2001
SARAJEVO, 13 February 2001 - On 12 February the Bosnia and Herzegovina Election Appeals Sub-Commission (EASC) issued a decision concerning an appeal of a decision of the Provisional Election Commission (PEC) regarding an incompatible position and a summary decision of ten appeals of PEC decisions punishing municipal election commissions (MEC).
EASC Decision 00-IMP-08
Nihada Latifagic, elected as a municipal councilor in Tuzla in the April 2000 elections, had her mandate taken away by the PEC on 12 December 2000 for violating Article 7.17(c) of the Rules and Regulations. This decision was appealed to the EASC. The EASC investigation revealed that Ms. Latifagic was indeed in violation of the rule by still functioning in her position of Tuzla Canton Minister of Education, Science, Culture and Sports until 19 November 2000. The EASC found that the PEC was justified in removing her mandate as a Tuzla Municipal Councilor. The appeal of Nihada Latifagic is denied.
EASC Decision 00-GE-242 et al
The EASC issued a summary decision consisting of ten appeals from municipal election commissions (MECs). On 12 December 2000 the PEC decided, as a result of an analysis of a computer audit of polling stations which showed attempts of voter fraud, to dismiss the MECs in Bratunac, Zvornik, Kalesija, Siroki Brijeg, Mostar West, Travnik and Prozor-Rama. Also as part of that same computer analysis the PEC decided to censure the MECs in Capljina, Stolac and Citluk. These ten PEC decisions were appealed to the PEC and the PEC referred them to the EASC for adjudication.
The EASC is satisfied that the audit was conducted accurately, professionally and in an unbiased manner. Further the EASC finds that the PEC has the authority to remove or censure MECs in these instances. However, in applying the appropriate standard of review, the EASC finds that the sanction of dismissal imposed by the PEC in regard to the seven MECs was disproportionate to the offenses. The decision of the PEC to dismiss the MECs in Bratunac, Zvornik, Kalesija, Siroki Brijeg, Mostar West, Travnik and Prozor-Rama is vacated and those MECs are reinstated.
Article 214 and 215 of the PEC Rules and Regulations clearly hold the MECs responsible for the conduct of the election. Therefore the MECs in Bratunac, Zvornik, Kalesija, Siroki Brijeg, Mostar West, Travnik and Prozor-Rama are censured. The PEC decision to censure the MEC's of Capljina, Stolac and Citluk is affirmed and remains in effect. Pursuant to Article 606 of the PEC Rules and Regulations, decisions of the EASC are final and binding and may not be appealed.
For more information please call OSCE Mission to Bosnia and Herzegovina 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.
EASC Decision 00-IMP-08
Nihada Latifagic, elected as a municipal councilor in Tuzla in the April 2000 elections, had her mandate taken away by the PEC on 12 December 2000 for violating Article 7.17(c) of the Rules and Regulations. This decision was appealed to the EASC. The EASC investigation revealed that Ms. Latifagic was indeed in violation of the rule by still functioning in her position of Tuzla Canton Minister of Education, Science, Culture and Sports until 19 November 2000. The EASC found that the PEC was justified in removing her mandate as a Tuzla Municipal Councilor. The appeal of Nihada Latifagic is denied.
EASC Decision 00-GE-242 et al
The EASC issued a summary decision consisting of ten appeals from municipal election commissions (MECs). On 12 December 2000 the PEC decided, as a result of an analysis of a computer audit of polling stations which showed attempts of voter fraud, to dismiss the MECs in Bratunac, Zvornik, Kalesija, Siroki Brijeg, Mostar West, Travnik and Prozor-Rama. Also as part of that same computer analysis the PEC decided to censure the MECs in Capljina, Stolac and Citluk. These ten PEC decisions were appealed to the PEC and the PEC referred them to the EASC for adjudication.
The EASC is satisfied that the audit was conducted accurately, professionally and in an unbiased manner. Further the EASC finds that the PEC has the authority to remove or censure MECs in these instances. However, in applying the appropriate standard of review, the EASC finds that the sanction of dismissal imposed by the PEC in regard to the seven MECs was disproportionate to the offenses. The decision of the PEC to dismiss the MECs in Bratunac, Zvornik, Kalesija, Siroki Brijeg, Mostar West, Travnik and Prozor-Rama is vacated and those MECs are reinstated.
Article 214 and 215 of the PEC Rules and Regulations clearly hold the MECs responsible for the conduct of the election. Therefore the MECs in Bratunac, Zvornik, Kalesija, Siroki Brijeg, Mostar West, Travnik and Prozor-Rama are censured. The PEC decision to censure the MEC's of Capljina, Stolac and Citluk is affirmed and remains in effect. Pursuant to Article 606 of the PEC Rules and Regulations, decisions of the EASC are final and binding and may not be appealed.
For more information please call OSCE Mission to Bosnia and Herzegovina 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.