OHR’s Statement at the International Agencies’ Joint Press Conference in Mostar


Pardons Directly Affect the Interests of BiH
Citizens


In a letter yesterday to the Federation President Niko Lozancic
the OHR’s Principle Deputy High Representative, Larry Butler, expressed the OHR
concerns over the additional documentation OHR has received concerning the
grounds on which Mr Lozancic granted a Pardon to his former party colleague
Miroslav Prce.


The new documentation raises new concerns – not just for the
International Community, but for the people of Bosnia and Herzegovina, whose
rights are directly affected by this and other Pardons granted to politicians
found guilty of abusing public office.


As you know, the presiding judge in the Prce case was against
granting a pardon in this case. It now emerges that the Federation Justice
Minister also recommended that the Prce pardon not be granted.


Mr Lozancic went ahead and granted one anyway.


He did so on the basis of medical certificates which did not
bear any stamp or signature and which had not been appropriately verified. The
documents supported Mr Prce’s claim that he is suffering from ill health.
Clearly no one hopes that Mr Prce is in anything but the best of health – but if
the decision to grant a Pardon relies only on the health problems outlined in
these unauthenticated medical documents, it is fair to ask whether the common
complaint of back pain justifies overturning a guilty verdict for a serious
crime. Mr Prce’s back pain has released him from the burden of serving a
sentence for stealing millions of KM of public money.


Particularly at a time when BiH is battling the deep-seated
corruption that favours a privileged few and ruins the prospects of the
majority, the Prce Pardon exposes basic flaws in the whole system of
Presidential Pardons.


It highlights the urgent need to enact the new BiH Law on
Pardons which has now been drafted and which will make it impossible to grant
Pardons of the type granted to Miroslav Prce. It will oblige State and Entity
leaders to follow strict procedures and guidelines and it will enable full
public scrutiny of Pardons.


The new legislation must be considered by the Council of
Ministers without delay. The parliamentary timetable would allow this Law on
Pardons to be enacted and in force by mid October.


The High Representative will be considering this issue carefully
over the next few days, before deciding which specific measures need to be
taken.

Europa.ba