The High Representative, by way of his Decision, No. 62/00 (“Decision No. 62/00”), suspended Dragan Zelenika from the post of Deputy Chief Inspector of the Financial Police. Decision No. 62/00 also barred Mr. Zelenika from taking any post within the Financial Police (“Ban”).
Upon careful consideration of Mr. Zelenika’s case and after concluding that his appointment would no longer pose a threat to peace implementation, institutional integrity or democracy in Bosnia and Herzegovina , I have decided to repeal the Ban. Dragan Zelenika is hereby expressly permitted to hold any office within the Financial Police.
The principles of equity, proper governance and judicious exercise of the High Representative’s international mandate, all of which take into account the balance between the protection of national stability and the rights of the individual, justify this outcome.
This Decision does not call into question the validity of the 2000 Decision. This Decision does not entitle Mr. Zelenika to automatic restoration to the office from which he was suspended pursuant to Decision No. 62/00. Further, this Decision does not entitle him to compensation for any remuneration, other forms of unvested monetary benefits or privileges or status forfeited as a result of Decision No. 62/00.
This Decision does not constitute an amnesty but rather a repeal, prospectively, of Decision No. 62/00. The latter is not expunged and remains as part of the legislative record of Bosnia and Herzegovina .
To the extent the terms of this Decision contradict domestic legislation on any of the subjects encompassed thereby, the former shall prevail. High Representative Decisions supersede and preempt contradictory domestic legislation. This legislative statement is declaratory of existing and prospective High Representative Decisions.
This Decision has immediate effect and will not require any further procedural steps.
This Decision shall be published without delay in the Official Gazette of the Federation of Bosnia and Herzegovina.
Sarajevo, 24 August 2005Paddy AshdownHigh Representative