UNMIK/PR/929
Tuesday 6 March 2003

SRSG’s Statement on Mr Balic

Below is a transcript of SRSG Michael Steiner's statement to the press regarding Mr Numan Balic, followed by Mr Steiner’s responses to questions from journalists:

Mr Haselock: Mr. Steiner has a short statement to make, then will take a couple very brief questions, because he is very busy today, as the days have been recently….

Mr Steiner: I just wanted to say something to you about the case of Mr. Balic. I have avoided in the past to involve myself in this case. I only took up this issue yesterday when I was requested by different parties to be helpful; and my motive was to help the institutions to function, this is the overall motive. Now, since yesterday, I have talked several times to [Coalition] Vatan; I talked to the Turkish Community, to the Prime Minister, to the Office of the President, and just now also to Mr. Balic. And the outcome of these talks is the following:

Prime Minister Bajram Rexhepi has made, as you know, a decision that Mr. Balic is no more a minister and this decision is in effect. Second, Mr. Balic will, and he has promised me that he will do this quickly, appeal this decision to the Supreme Court, in accordance with the Constitutional Framework, that’s provided for in 9.4.11, which foresees that the Court would set up a Special Chamber for these cases. And I support Mr. Balic making this appeal to the Supreme Court. It’s then up to the Court, to the Special Chamber, to decide on the legality of the decision of the prime minister. Whatever the Court decides will be implemented. Pending this decision of the Supreme Court, there will be no minister appointed to replace Mr. Balic. Instead, Ms. Munchi will act as a caretaker, as an acting minister to head the Ministry of Health. The permanent secretary of this ministry, whose status in the ministry is also contested, will, during this Court procedure, be suspended from his duties; and I will make an executive decision to this effect.

All parties I talked to have accepted this decision. Mr. Balic did not like it but did not contest my decision. And I must say here that all parties have, in a very dignified way, taken part in the discussions, which I had yesterday and today in order to overcome this situation. I think we now have to trust in the legal process and the institutions. The government should be in a position to go back to work. Thank you.

In response to questions, Mr Steiner gave the following remarks:

A. I think it is the right of someone who is the object of such a decision to appeal to the Court. This is foreseen in the Constitutional Framework; and I think it is right that we have a decision which is contested by someone rightly looked after as to its legality. And whatever the Court says will be followed, once a decision is taken. The prime minister has made a decision; that’s foreseen in the Constitutional Framework. This decision will have its effect, unless the Court decides otherwise.

A. I think that the prime minister’s decision is respected, because I said in the beginning that the prime minister’s decision will take affect.

A. I think that I can say that my experience from the talks I had with all the groups and persons I have mentioned was that it was very productive and dignified; and what I propose now is upholding the dignity but also the legality, and also the right of the prime minister. So I think we did exactly what we needed to do: we need to give a Court a chance to look into the legality of the process. Whatever the Supreme Court says will be followed afterwards, but I think all the rights of all concerned here have been perfectly preserved.

A. It’s my decision, taken in conformity, in agreement, with the prime minister, because as long as the Court has not made a decision, I think all should step aside and leave the Court the possibility to take the decision, like preserving the right of the prime minister, which I have supported. I think that’s the right thing to do because we need to continue to work. In the meantime, we will have a caretaker; we will have this acting minister coming from the Turkish Community. My understanding is that she understands her job…to take up her duties. We need a ministry, a person, to function until the Court has taken a decision.

Thank you very much indeed.