Ministry of Human Rights and Refugees of BiH: We cannot confirm the legality of agents who appealed the Kovačević ruling

(Patria) - The legality and legitimacy of two agents who filed a request for review of the ruling in the Slaven Kovačević case with the European Court of Human Rights cannot be confirmed.

This is, in short, the position of the Ministry of Human Rights and Refugees of BiH regarding the current status of Monika Mijić and Harisa Bavčić, and the earlier status of Jelena Cvijetić, who was a signatory to the Request for Review of the Kovačević ruling, writes Istraga.

“Regarding all the aforementioned circumstances concerning the Kovačević ruling itself, the receipt of correspondence from the European Court, and similar matters, the agents never informed the Ministry as the responsible department. In this regard, it is confirmed that the Council of Ministers of BiH has not considered the legality and legitimacy of the status of acting agents for representation, and therefore, the Ministry as the responsible department cannot confirm the legality and legitimacy of the current two agents working in the Office of the Agent of BiH,” stated the act of the Ministry of Human Rights and Refugees of BiH.

The Ministry further states that the agents never officially submitted the decision of the European Court of Human Rights in the Kovačević case to either the Council of Ministers of BiH or the Ministry of Human Rights and Refugees.

“According to the information of the Ministry of Human Rights and Refugees of BiH, the acting agents prepared information on the proceedings before the European Court of Human Rights in the Kovačević v. Bosnia and Herzegovina case, but, for reasons known only to the agents, it was not submitted to the Council of Ministers or the responsible Ministry for review and consideration,” the document of the Ministry of Human Rights and Refugees stated.

Let us remind you, the European Court of Human Rights in Strasbourg requested at the end of October from the authorities in BiH to state whether the agents who requested a review of the ruling in the Slaven Kovačević case have the active legitimacy to represent BiH. The Court in Strasbourg requested a statement on the mandate of Monika Mijić and Jelena Cvijetić after the applicant Slaven Kovačević himself stated in his letter to the Court that the agents were not mandated, as their acting mandate, which can last a maximum of three months, had been extended twice.

The agents did not submit this letter from Strasbourg to the responsible Ministry of Human Rights, which then proposed that the Council of Ministers of BiH should make a statement on the matter. However, the Chairperson of the Council of Ministers of BiH, Borjana Krišto, did not allow this item to be included in the agenda at the last October session. Krišto stated that she, on behalf of BiH, would respond to the European Court of Human Rights in Strasbourg within the given deadline (November 1st).

The Request for Review (appeal) was signed by two BiH agents – Monika Mijić and Jelena Cvijetić. The “appeal” was sent on September 19th, the last working day of Jelena Cvijetić in the position of BiH agent before the Court in Strasbourg. Twelve days before submitting the appeal, the current composition of the Council of Ministers of BiH appointed Jelena Cvijetić as the Ombudsman of Bosnia and Herzegovina.

This is the first time that Bosnia and Herzegovina has requested a review of any decision of the European Court of Human Rights related to electoral legislation – i.e., constitutional order.

Let us remind you, the European Court of Human Rights ruled that Slaven Kovačević, as a voter and citizen of Sarajevo, was denied the right to vote for a candidate for the Presidency of BiH from Republika Srpska. The Court found that the Presidency of BiH is a state institution and that all citizens must have the right to elect all members of the Presidency of BiH. Thus, the Court effectively determined that, in addition to ethnic discrimination, territorial discrimination is also in force in BiH. To eliminate this discrimination, it is necessary to have a single electoral unit when electing members of the Presidency of BiH and delegates to the House of Peoples of the Parliamentary Assembly of BiH.

Dissatisfied with these decisions, BiH agents Monija Mijić (HDZ) and Jelena Cvijetić (SNSD) submitted a request for review. Agent Harisa Bavčić did not sign this appeal, although, as we have learned, she supported her colleagues in preparing the request for review.