The Republic of Srpska

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THE DECISION ON THE IMPLEMENTATION OF UN SECURITY COUNCIL RESOLUTION 1373 ALLOWS POLITCS TO INFLUENCE THE WORK OF OPERATIONAL BODIES

, 31.10.2016
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The Republic of Srpska Ministry of the Interior was not informed about the content of the Decision on the implementation of the UN Security Council Resolution 1373 (2001)  which was adopted by the Council of Ministers of BIH at the session held on 28 September 2016. This Decision allows the politics to influence the work of operational bodies and considerably delays and complicates the procedure of undertaking restrictive measures against the persons based on suspicion that they gather financial means or in other way support terrorist activities.             The UN Security Council Resolution 1373 (2001) represents the instrument which obliges countries to undertake measures for preventing the financing of terrorism, and measures against the persons who support planning of terrorist acts, that is, to quickly and effectively react, such as freezing financial means without delay when there is a suspicion that a person gathers financial means or in other way assists terrorist activities directly or indirectly.             The Council of Ministers of BIH adopted the Decision according to which the Council of Ministers shall discuss the proposal of authorized bodies on undertaking restrictive measures against natural and legal persons, and this represents the interference into the work of law enforcement bodies.             In addition, in compliance with the Decision, the Presidency of BIH shall provide an opinion on each individual decision on undertaking restrictive measures against persons, which is contrary to the Law on application of certain temporary restrictive measures for the effective implementation of the mandate of International Criminal Court for former Yugoslavia, and other international restrictive measures. According to this Law, the Presidency of BIH should provide the opinion on the Decision on the Implementation of Resolution 1373, and not decide on measures undertaken in every individual case.             Furthermore, in disputed Decision, it is defined that, instead of authorized bodies, the Directorate for Coordination of Police Bodies BIH is the one which shall deliver requests of other international police organizations to the Security Ministry BIH. 

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