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Decision of the High Representative on Police Disciplinary Proceedings

January 24, 2003

1. The High Representative, acting under Article V of Annex 10 to the General Framework Agreement for Peace in Bosnia and Herzegovina as final authority in theatre regarding interpretation of the Agreement on the Civilian Implementation of the Peace Settlement, declares and determines that such civilian implementation of the peace settlement requires that disciplinary proceedings shall be taken, continued, prosecuted and properly and fairly pursued to conclusion by the appropriate domestic civilian police authorities (police officials and/or officers) against police officers who are alleged to have:

A) violated the provisions of the General Framework Agreement for Peace in Bosnia and Herzegovina; and/or

B) obstructed the peace implementation process by a failure to co-operate with the European Union Police Mission; and/or

C) failed to adhere to democratic policing principles.

2. The High Representative, acting as aforesaid, likewise declares and determines that such civilian implementation of the peace settlement requires that the responsible domestic police officials and/or officers who fail to take and/or continue and/or prosecute and pursue, properly and fairly to conclusion, disciplinary proceedings as aforesaid, together with their superiors both within the domestic police authorities of Bosnia and Herzegovina and at governmental level, are themselves respectively to be treated/liable to be treated as being thereby in violation of the provisions of the General Framework Agreement for Peace in Bosnia and Herzegovina, and/or of obstruction of the peace implementation process, and/or of failure to adhere to democratic policing principles.

3. The Commissioner of the European Union Police Mission is required and empowered to identify to the aforesaid domestic civilian police authorities (police officials and/or officers), any such officers who appear prima facie to him to fall within one or other of the categories referred to in numbered paragraph 1 hereof, with a view to such disciplinary proceedings as aforesaid being taken, continued, prosecuted and properly and fairly pursued to conclusion as appropriate.

4. Any obstruction of, or interference with, or failure to take, continue, prosecute or properly and fairly pursue to conclusion such proceedings shall be notified by the Commissioner of the European Union Police Mission to the High Representative. The Commissioner of the European Union Police Mission may request that the High Representative take appropriate steps upon receiving such notification in respect of police officials and/or officers and/or in respect of their superiors both within the domestic police authorities of Bosnia and Herzegovina and at governmental level, whether specifically referred to in paragraphs 1 and 2 hereof or otherwise.

5. This Decision is made pursuant to the powers of the High Representative under Annex 10 aforesaid and neither it, nor procedures followed pursuant to it, nor action taken under it, shall be justiciable before the courts of Bosnia and Herzegovina or otherwise.

6. This Decision shall take effect forthwith and shall be published without delay in the Official Gazette of Bosnia and Herzegovina.

Sarajevo, 24 January 2003

Paddy Ashdown

High Representative