Interim Resolution CM/ResDH(2012)233
Sejdić and Finci against Bosnia and Herzegovina
Execution of the judgment of the European Court of Human Rights
(Application No. 27996/06, judgment of 22/12/2009 – Grand Chamber)
(Adopted by the Committee of Ministers on 6 December 2012
at the 1157th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter “the Convention”);
Having regard to the Grand Chamber judgment of the European Court of Human Rights (“the Court”) of 22 December 2009 in the case of Sejdić and Finci against Bosnia and Herzegovina transmitted to the Committee for supervision of its execution under Article 46 of the Convention;
Recalling that, from the beginning of its examination of this case, the Committee considered that the execution of this judgment would require a number of amendments to the Constitution of Bosnia and Herzegovina and to its electoral legislation;
Underlining that these amendments, by allowing all citizens of Bosnia and Herzegovina to run for elections, would enhance the functioning of democratic institutions in the country and citizens’ confidence in them;
Stressing the particular responsibility of the authorities and political leaders of Bosnia and Herzegovina in this respect, having regard also to the bearing that this matter has on Bosnia and Herzegovina’s prospect for European integration;
Noting with profound disappointment that, despite their latest commitment to amend the Constitution by 30 November 2012 and, to this end, to present draft constitutional amendments to the Parliamentary Assembly of Bosnia and Herzegovina by 31 August 2012, the executive authorities and political leaders of Bosnia and Herzegovina have, once again, failed to reach a consensus and to amend the Constitution;
Reiterating once again that, in becoming a member of the Council of Europe in 2002, Bosnia and Herzegovina undertook to “review within one year, with the assistance of the European Commission for Democracy through Law (Venice Commission), the electoral legislation in the light of Council of Europe standards, and to revise it where necessary”[1];
Reiterating also the willingness of the Council of Europe to assist the authorities of Bosnia and Herzegovina in meeting this commitment;
Bearing in mind that in September 2012, Commissioner Štefan Füle and the Secretary General of the Council of Europe Thorbjørn Jagland noted in a joint statement with great disappointment that, despite their commitments, the executive authorities and political leaders have, once again, failed to reach a consensus and to present draft constitutional amendments to the Parliamentary Assembly of Bosnia and Herzegovina by 31 August 2012;
Stressing that reaching a political consensus is an indispensable condition for the amendment of the Constitution and the electoral legislation in order to ensure not only the execution of the present judgment but also full compliance of future elections with Convention requirements;
FIRMLY RECALLS the obligation of Bosnia and Herzegovina under Article 46 of the Convention to abide by the judgment of the Court in the case of Sejdić and Finci;
STRONGLY URGES the authorities and political leaders of Bosnia and Herzegovina to amend the Constitution and the electoral legislation and to bring them in conformity with the Convention requirements without any further delay;
DECIDES to examine the present case at each of its “Human Rights” meeting until the political leaders and authorities of Bosnia and Herzegovina reach a consensus on the measures required for the execution of this judgment.
[1] see Opinion 234(2002) of the Parliamentary Assembly of the Council of Europe of 22 January 2002, § 15 (iv)(b); see also § 21 of the present judgment.
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