Derventa Case: BiH CEC Can Only Act on Orders from BiH Court and Prosecutor's Office

After the Central Election Commission of BiH contacted the BiH Court on 09/14/2016 for instructions on how to proceed in a case where the Basic Court in Derventa issues an order for temporary seizure of certain documentation held by the Central Election Commission of BiH, the BiH Court responded on 09/23/2016, it was announced from the CEC BiH, reports the Patria News Agency. 

 

In its response, the BiH Court stated that the Central Election Commission of BiH acted correctly because the Basic Court in Derventa did not contact the BiH Court with a request for legal assistance.

Analyzing the provisions of the Criminal Procedure Law of RS and the Criminal Procedure Law of BiH, the BiH Court's response states that the Central Election Commission of BiH, as a state authority, was not obliged to provide any information or evidence to the Ministry of Internal Affairs of RS, the statement said.  

About ten days ago, the CEC received a request from the Criminal Police Administration of the Ministry of Internal Affairs of the Republika Srpska for the submission of documentation covering applications for postal voting of a certain number of voters from outside BiH with accompanying documentation, for the needs of an investigation conducted in the municipality of Derventa.

After informing the Criminal Police Administration of the MUP of RS that it can only act on the order of the BiH Prosecutor's Office and the BiH Court, the Ministry of Internal Affairs of RS informed the CEC that the Basic Court in Derventa issued an order for the temporary seizure of certain application forms for voting from abroad by mail and announced the arrival of police officers at the CEC for September 14.

The CEC then contacted the BiH Court and Prosecutor's Office.