Without prejudice to the decision of the Supervisor for Brčko District to suspend his functions as of 31 August 2012, which was supported by the Steering Board of the Peace Implementation Council at its session held on 23 May 2012;
Bearing in mind the Supervisory Order Regulating the Status of Legal Acts Issued by Brčko Supervisors of 31 August 2012 (Official Gazette of Brčko District of Bosnia and Herzegovina, No. 37/12) and its paragraph 6 that envisaged that provisions of Supervisory Orders dismissing individuals and/or imposing bans or restrictions against natural and legal persons in the District shall remain in effect and cannot be amended or put out of force by any District institution, and that all such dismissals and/or bans or restrictions, including those decreed to be permanent, shall cease to be in effect when determined by the Supervisor or once Supervision is formally terminated in line with the Final Award;
Recalling that the Supervisor of the Brčko District, by way of the Supervisory Order on Urban Planning Annulling Certain Decisions Made by the Appellate Commission and Reinforcing Certain Urban Approvals and Dismissing Certain Officials from the District Government and Mandating Certain Changes to District Urban Planning Rules and Imposing Certain Legislative Amendments Relating to the Operation of the Appellate Commission, dated 23 March 2007 (Official Gazette of Brčko District of Bosnia and Herzegovina, No. 10/07) dismissed Mr. Ismet Dedeić from his position in the District Government, and permanently barred him from holding any position in any District public institution, whether the position is official or unofficial, elected, appointed or otherwise and that Mr. Dedeić was also prohibited from entering non-public areas of buildings housing District public institutions;
Upon careful consideration of Mr. Dedeić’s case, I hereby issue this notice of decision:
1. The dismissal, the ban and the restriction specified in the Supervisory Order of 23 March 2007 shall cease to be in effect. Mr. Dedeić is hereby permitted to hold any position in any District public institution, whether the position is official or unofficial, elected, appointed or otherwise. In addition, the prohibition from entering non-public areas of buildings housing District public institutions imposed by the Supervisory Order is also lifted.
2. This decision does not entitle Mr. Dedeić to restoration to the office from which he was removed pursuant to the Supervisory Order of 23 March 2007. Further, this decision does not entitle Mr. Dedeić to compensation for any remuneration, other forms of unvested monetary benefits or privileges or status forfeited as a result of the Supervisory Order of 23 March 2007.
3. For the avoidance of any doubt, this decision does not call into question the validity of the Supervisory Order of 23 March 2007 and does not constitute an amnesty but repeal, prospectively, of the ban included in the Supervisory Order of 23 March 2007. The latter is not expunged and remains as part of the legislative record.
4. To the extent the terms of this decision contradict domestic legislation on any of the subjects encompassed hereby, the former shall prevail.
5. This decision has immediate effect and will not require any further procedural steps. It shall be published without delay in the Official Gazette of the Brčko District of Bosnia and Herzegovina.
Tamir G. Waser
Supervisor of Brčko District
Principal Deputy High Representative
