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The mission of the International Police Task Force (IPTF) under Annex 11 to the GFAP, which was completed at the end of 2002 and transferred to the EUPM (European Union Police Mission), was tasked with supporting domestic authorities in the civilian aspects3513 of establishing security and order in BiH (Article I. of Annex 11), primarily by establishing a new organisation of police in both Entities. At the end of the war, a considerable amount of IPTF activity was the support of the police forces, totalling 44,000 members, out of which the majority were demobilised soldiers without necessary police education and without knowledge of the importance of human rights and the legal state among; some were even war criminals.3514 The legal basis for the Mission in international-legal terms, i.e., the basis which the FBiH also referred to, was the 1996 Bonn-Petersburg Agreement which was signed by the FBiH and IPTF Deputy Commissioner.3515 These competencies were confirmed by the PIC, the IPTF Commissioner and finally by the UN Security Council.3516

During the certification process, conducted in accordance with IPTF polices, which were specifically drafted to serve this purpose, 3.6% of police officers in BiH were either denied certification or were subsequently decertified.3517 The time period for denial of certification or for subsequent decertification was not limited. The only legal remedy against decertification or denial of certification by the IPTF Commissioner was the possibility of filing a complaint within eight days from the day of delivery of the decision, and this complaint was to be lodged with the commission consisting of the representatives of the United Nations Mission in BiH (UNMBiH). A person filing a complaint had to formulate that complaint on the basis of the statement of reasons given in the relevant decision without having a look at the documents and without having any knowledge of the evidence. It was not possible to hold a verbal discussion or present an opinion before the commission. Based on the commission’s recommendation, the Commissioner adopted a final and binding decision on the complaint.

According to the information obtained from UNMBiH, in total 16,762 police officials were granted IPTF certification and 598 officials were denied certification. Out of this number 150 decisions were challenged before the domestic courts.


Footnotes

  1. As it is known, Annex 1 provides that IFOR/SFOR is tasked with maintaining military security.

  2. Compare the opinion of the European Commission for Democracy through Law (Venice Commission), Opinion no. 326/2004 on a possible Solution to the Issue of Decertification of Police Officers in BiH, CDL-AD(2005)024, paragraph 21.

  3. Additional data in CH/03/12932, paragraph 20 et seq.

  4. UNSC Resolution No. 1088/1996; compare with data from CH/03/12932, paragraph 23 et seq.

  5. As to the procedure and subsequent allegations, compare with the opinion of the Venice Commission, Opinion no. 326/2004 on a possible Solution to the Issue of Decertification of Police Officers in BiH, CDL-AD(2005)024, paragraph 7 et seq.

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