Legal acts of authorities referred to in Annex
In order to carry out its tasks, the Provisional Election Commission referred to in Chapter 600 of the Election Rules founded its Election Appeals Sub- Commission.3443 It derived its authorisations from authorisations of the Provisional Election Commission, and it acted as a juridical body and it had the obligation to report to the Head of the OSCE Mission, who appointed four of its members (Article 601). The only international, i.e., foreign member of the Sub- Commission, was at the same time its Chairman, and the Sub-Commission was made up of three national members in addition to the Chairman (Article 601. II). The Sub-Commission was supposed to make sure that the actors observed the Election Rules, to decide on appeals in the election process, to control violations of the GFAP principles (particularly those referred to in Annex 3) and non-compliance with the Election Rules, and to impose sanctions accordingly, i.e., fines, as well as sanctions in terms of removing certain candidates from the lists until a certain political party has been banned from elections, i.e., banned from participating in the elections (Articles 602, 604). In practice, the Sub-Commission most often tackled appeals, however it sometimes employed its powers to impose sanctions.3444 Before the 1998 General Elections, the Sub- Commission removed from lists a total of 37 candidates for the Houses of Representatives of BiH, the RS, the Federation of BiH, and several cantons, who would have, otherwise, most probably won the mandates.3445
The Human Rights Chamber and the BiH Constitutional Court tackled appeals, i.e., complaints lodged against the acts of the bodies referred to in Annex 3.
Footnotes
Compare with <www.oscebih.org/easc/eng/easc.htm>, with information on the Sub-Commission and its respective decisions.
Compare with, for instance, judgment 99-ME-12/99-ME-13 of 19 November 1999, following an appeal by SRS, SSRS, available at: <www.oscebih.org/easc/eng/ easc-decisions/1999/99-ME-12,13.pdf>, authors’ archive.
Compare with the review by the Sub-Commission “Candidates removed who would have received a mandate in the 1998 General Elections in BiH”, authors’ archive.