iv. Criminal Code and Election Law of BiH

Non-cooperation with the ICTY by official persons in the institutions of BiH, the entities and the Brčko District by way of failure to enforce ICTY orders is declared a criminal offence in Article 203 of the BiH Criminal Code, punishable with imprisonment of between one and ten years. The failure to report the whereabouts of a person indicted by the ICTY is declared a criminal offence (Article 231 Criminal Code), however, first-line blood relatives and certain professional groups are expressly exempted. Providing assistance to persons indicted by the ICTY is punishable with imprisonment of up to three years (Article 233 of the Criminal Code) with the same exemption made for first-line blood relatives as Article 231.

Article 1.6 of the BiH Election law²⁵¹⁶ repeats the wording of Article IX (General Provisions) of the Constitution prohibiting persons who are serving sentences imposed by the ICTY or who, being indicted, fail to comply with an order to appear before the Tribunal, from standing as a candidate or holding public office in the territory of BiH, also extending this prohibition to political parties maintaining such a person in a political party position or function. Fining a political party for violation of the relevant provisions does not amount to a violation of the rights of the party under Article II.3(e) of the Constitution, Article 6(1) or (2) of the ECHR, Article 3 of Protocol No. 1, or of Article 1 of Protocol No. 12 to the ECHR.²⁵¹⁷