Great debate: Does the BiH Parliament have the strength to limit the passive voting rights of war criminals

At the session of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, several legal solutions will be considered today, including amendments to the Election Law and the Criminal Code, which relate to the prohibition of candidacy for convicted war criminals in elections and the prohibition of denying genocide and other crimes, according to the proposal of MP Denis Bećirović (SDP BiH), reports Patria agency.

The Committee on Constitutional Affairs supported the proposal to amend the Election Law to prohibit the candidacy of convicted war criminals and also supported the draft law on prohibiting the denial, refutation, and marginalization of genocide.

MP Bećirović, addressing the Parliament, stated that this law has passed more than expected.

- I believe there will be a general majority in the vote. Some say such a law should not have been proposed at all. As an opposition MP, I will say that no one prevented the Council of Ministers from proposing something like this. This is a test for all of us in BiH, and I regret that the Council of Ministers did not propose a solution to this problem. I must say that I regret that instead of such proposals, a proposal for the pardon of war criminals came before the Council of Ministers – said Bećirović.

He added that it is impossible to return people to their homes while allowing people who have been finally convicted of war crimes to be elected.

- The Hague process is nothing more than an attempt to establish something for BiH similar to the Nuremberg process for World War II. Hundreds of thousands of people in BiH no longer have passive voting rights, and here some are making a problem because about a hundred war criminals do not have the right. Isn't it abnormal that Bogić Bogičević cannot run for a member of the Presidency of BiH, or Saša Magazinović, while Momčilo Krajišnik can – said Bećirović.

Jasmin Emrić (A-sda) stated that he supported this law in the committee.

- Today, I will remind you that the candidate for mayor of Velika Kladuša, Fikret Abdić, ultimately, unfortunately, won. A convicted war criminal. A candidate who ordered and organized the formation of camps to imprison citizens who were against his idea and the so-called Autonomous Province of Western Bosnia. Abdić imprisoned more than 5,000 civilians. Women and children under 14 were imprisoned and abused. He now reminds a large number of citizens of the atrocities he ordered and brought unrest to the homes of all who went through the ordeal of the camps. Is it just and moral, and does it contribute to reconciliation, to continue living as if nothing happened? Therefore, it is necessary to limit passive voting rights and thus eliminate the possibility that a war criminal could rule in the country where he committed crimes – said Emrić, reading a letter from camp survivors from Velika Kladuša.

Momčilo Novaković (NDP) stated that he got the impression that the law is being adopted because of one or a hundred people.

- Did we make a mistake if we don't give them the opportunity for people to choose – said Novaković.

Emrić, however, said that he was only giving one example.

- I did not say that the law should be adopted because of one person. I just gave an example. We must prevent this from happening in the future – added Emrić.

Mirsad Mešić (SDP) emphasized that it is unclear to him on what basis he understood that the law is proposed only for one person. Damir Arnaut (SBB) emphasized that it is about principle, but also preventive action.

- In BiH, just as we had the opportunity to arrest war criminals immediately after Dayton, now we have the opportunity for them to be released from prison and immediately run for office. Abdić is not the target, but a personification of what awaits us. These people can cause unrest among returnees and set back Annex 7 – said Arnaut.

Senad Šepić (Independent Bloc) stated that they, as a Club, will support the law.

Nikola Lovrinović (HDZ) stated that the law is imprecise, and that there are war criminals who have been sentenced to three years.

- This should have been specified through the Criminal Code. This is an undemocratic law – said Lovrinović.

Bećirović stated that it is not an undemocratic law, and that he will quote from the opinion of the Venice Commission that "one who can cause public disturbance can be excluded from the right to be elected.".

Hazim Rančić (SDA) stated that he is surprised by the HDZ's stance.

Aleksandra Pandurević stated that she wants to warn that we could face a lawsuit in Strasbourg, and thus have a new "Sejdić and Finci" case that will not be resolved for years.

Saša Magazinović (SDP) stated that it is a bit too much to compare Sejdić-Finci with this proposal.