15.06.1998

Human Rights Report June 1998

SUMMARY

  • Deterioration of Security Situation in Travnik area
  • Graveyard Visit to Srebrenica
  • Improvement in Freedom of Movement with New Common License Plates
  • Bosnian Serb Indictee Apprehended in Foca
  • Addressing Obstacles to Implementation of Federation Property Legislation
  • Draft Law on Associations and Foundations Distributed for Public Discussion
  • Human Rights Ombudsperson Presents Second Annual Report
Annexes:
  1. Instruction
  2. Claim FormAcrobat Reader(to view)

RIGHT TO RETURN/FREEDOM OF MOVEMENT

    Federation

  1. Deterioration of security situation in Travnik area: The month of June was marked by an incident on 12 June when a Bosnian Croat police officer was killed and his Bosniak partner seriously injured by an anti-personnel mine that had reportedly been planted in their car in Rimiceve, Kuce. On 22 June, two members of the HVO were killed in an explosion in Nevic Polje, Novi Travnik. UNMIBH (IPTF) reports that large quantities of explosives were found in the house following the explosion. On 23 June, an abandoned house belonging to a Bosnian Croat was destroyed by an explosion in Brajkovici, near Travnik. UNMIBH has set up an Investigation Support Team to investigate these and previous incidents which have occurred in the Travnik area over the past year.
  2. Incidents in Vitez: UNMIBH (Human Rights Office) reports that two houses belonging to Bosniaks were blown up in Donja Veceriska village, near Vitez, on 5 June. The owners are reportedly the brothers of local police officers whose homes were also blown up the previous week in the same village. On 13 June, a grenade was thrown on the roof of a Bosniak-owned house in Vitez. No injuries occurred. UNHCR reports that a planned return on 13 June of 29 Bosniak displaced persons to the village of Donja Veceriska was blocked by a group of 150 Bosnian Croats, mainly women, children and elderly persons. The displaced persons were accompanied by IPTF, UNHCR, SFOR and the local police. The demonstration was reportedly linked to the killing of the Bosnian Croat police officer in Travnik the previous day. UNHCR reports that the attempted return the following week by a group of 55 Bosniaks to the village of Gacice was also blocked.
  3. Increasing tensions in Prozor: UNMIBH (HRO) reports that although tensions were high prior to initial minority returns to Prozor municipality, the situation was relatively calm following the first Bosniak returns in April to the village of Here, in Prozor (see HRCC Monthly Report – April 1998, para. 7). In June, however, UNMIBH (HRO) reports increasing tensions in Prozor. On 5 June, the vehicle of a Bosniak man was reportedly damaged by a group of children in front of the voter registration centre in Prozor town. On 12 June, the partly damaged house of a Bosniak returnee was set on fire in the village of Borovnica. Another damaged house belonging to a Bosniak was set on fire in Prozor town on 23 June. On 27 June, an explosion occurred at a house belonging to a Bosniak in Prozor town. Building material was destroyed and some windows were broken.
  4. Incidents in Stolac, Mostar and Capljina: UNMIBH (HRO) reports several return-related incidents in June in these areas. On 2 June, the house of a Bosniak family currently living in East Mostar was damaged by an explosion in the village of Zabrdje, Borojevici area, Stolac. The house was under reconstruction. Two neighbouring houses were also damaged as a result of the explosion. On 4 June, two Bosniak men found explosive devices placed in a well in the village of Uzinovici, Stolac. The well is reportedly used on a regular basis. On 4 June, a Bosnian Croat displaced person currently living in West Mostar was reportedly beaten and his wife intimidated when they attended a meeting at which he expressed his interest in returning to East Mostar. On 4 June, a partly damaged house belonging to a Bosniak was extensively damaged by an explosion in the area of Podhum, West Mostar. On 27 June, a house belonging to a Bosniak, which the owner was preparing for return, was severely damaged by an explosion in the village of Kevcici, Capljina. The house was unoccupied at the time of the explosion.
  5. In Zepce, a bomb exploded under a car parked close to the municipal building on 24 June. OSCE reports that two persons were injured in the explosion and a house damaged. The local police are carrying out investigations.
  6. UNMIBH Special Report on Stolac: On 3 July, UNMIBH (HRO) released a special report on incidents in Stolac and other municipalities of the Herzegovina-Neretva Canton (Canton 7) that have occurred since the agreement on minority return plans was reached on 23 March. Between 26 March and 30 June, UNMIBH received reports of 61 return-related incidents in Canton 7. While the majority of incidents occurred in Stolac (37 out of 61), the security situation also deteriorated in other municipalities of Canton 7, particularly in Capljina. The report states that although the local police has taken several positive steps to address the deterioration of the security situation, the overall response continues to be inadequate. UNMIBH is specifically concerned about the failure of the local police to arrest any suspects. In the report, UNMIBH calls on the Cantonal Minister of Interior to ensure the functioning of the Ministry as a unified organisation with clear lines of communication; to set up effective oversight mechanisms; to improve the quality of investigations; to prepare adequate security plans and to introduce concepts of community policing.

    Republika Srpska

  7. Disturbances in Foca: UNMIBH (Civil Affairs) reports that at least 250 residents demonstrated on 16 June against the detention of a Bosnian Serb indictee by SFOR troops in Foca the previous day (see below, para.19). Demonstrators marched through the town and burned a German flag. An IPTF vehicle was damaged, reportedly by a group of youths. The OSCE office in Foca was looted and ransacked. The Mayor of Foca allegedly played a role in inciting the local population during demonstrations against the international community. IPTF resumed its normal operations on 17 June. OSCE resumed operations at a new location in Foca on 2 July.
  8. Graveyard visit to Srebrenica: A group of 120 Bosniaks, mainly women, visited Srebrenica on 11 June. The visit was the first major visit of Bosniak displaced persons to Srebrenica. The group, currently residing in the Tuzla area, visited Kazani graveyard and were escorted by local police and IPTF. International monitors report a good reception from Bosnian Serb bystanders. On 7 June, 49 Bosnian Serb displaced persons now residing in Srebrenica visited graveyards and houses in Donji Vakuf (Fed) and on 9 June, 43 Bosnian Serb displaced persons from Srebrenica visited graveyards in villages in Ilijas (Fed). Both visits took place without incident. Local observers report that the graveyard visits of 7 and 9 June contributed to a more receptive climate in Srebrenica for the graveyard visit of 11 June.
  9. Incidents in Doboj: Six uninhabitable and abandoned houses were burnt down in the village of Sjenina, near Doboj on 6 June. UNMIBH (HRO) reports that the cause of the incident is to date unknown. An investigation has been opened by the local police. UNHCR reports that 31 Bosniak families have returned to nearby villages, Kapetanovici and Sjenina Rijeka.
  10. Zvornik Update: UNHCR reports that the Kladanj-Vlasenica line and the Zvornik-Sapna line operated without incident during the month of June. The number of passengers, however, was reportedly low (for previous incidents, see HRCC Monthly Report – May 1998, para. 12).

    Assessment Visits

    [This section is based on UNHCR reports and focuses on visits which are particularly significant from a human rights perspective]
  11. Visits from Federation to RS: On 14 June, 46 Bosniak displaced persons currently in Gorazde and Sarajevo visited five villages (Tjentiste, Poda, Vina, Popov Most and Perovici) in Tjentiste region, Foca. The visit was carried out without incident. Following the detention of the Bosnian Serb indictee on 15 June, follow-up meetings with local authorities to schedule further visits were canceled. On 18 and 19 June, around 75 Bosniak displaced persons currently in Sarajevo visited Zepa town and surrounding villages. These visits were reportedly the first assessment visits of Bosniak displaced persons to Zepa. Approximately 450 Bosniak displaced persons currently in the Sarajevo area visited their villages in the RS municipalities of Trnovo, Rogatica and Han Pijesak in June.
  12. Visits from RS to Federation: Over 400 Bosnian Serb displaced persons currently in Banja Luka visited pre-war homes and graveyards in Sanski Most/Lusci Palanka on 6 June. A minor incident involving two displaced persons occurred during the visit. Approximately 150 Bosnian Serbs displaced persons, presently displaced in Gradiska, visited their pre-war homes in Donji Vakuf on 7 June, where they were welcomed by the Mayor. The visit was carried out in the presence of UNHCR, SFOR, and IPTF. On 27 June, 66 Bosnian Serb displaced persons from Nevesinje and Trebinje visited Ortijes, South Mostar. Around 50 displaced persons reportedly stayed overnight. This was reportedly the first organised initial return of Bosnian Serb displaced persons to the area. According to reports, the decision to return met with considerable resistance from the local authorities. On 27 June, 40 Bosnian Serb displaced persons from Kotor Varos visited Travnik. The first assessment visit of Bosnian Serb displaced persons to Travnik reportedly took place on 16 May, when 38 Bosnian Serb displaced persons currently in Kotor Varos and Knezevo visited the villages of Goles and Varosluk in Travnik. UNHCR reports positive developments in Maglaj in June with the visits of Bosnian Serbs to the villages of Donji Rakovac and Krsno Polje. Both occasions were televised and attended by the Mayor and in one case by the Cantonal Minister for Refugees and Displaced Persons. UNHCR reports that 144 Bosnian Serbs visited the villages of Svaja, Gudavac and Vojevac in Bosanska Krupa in June without incident.
  13. Other Visits: On 19 June, a group of 44 Bosnian Croats from the collective centre Solaris, near Sibenik in the Republic of Croatia, visited Bugojno municipality. On 20 June, around 70 Bosnian Croat displaced persons from Prozor visited Novi Travnik. Subsequent UNHCR monitoring visits established that only four families remained overnight. Local police officers are reportedly on a 24-hour watch. On 26 June, 26 Bosnian Croat displaced persons currently in Drvar visited villages in Teslic. This was reportedly the second assessment visit of Bosnian Croat displaced persons to Teslic.
  14. New Common License Plates & Freedom of Movement Update: In the first week of June, UNMIBH (Civil Affairs & IPTF) monitored 27 international crossing points between BiH and FRY and BiH and the Republic of Croatia. UNMIBH reports a clear pattern of compliance among RS police stationed in Brcko, Slavonski Brod and Gradiska (all RS) crossings into the Republic of Croatia as well as eastern RS and FRY crossing points near Zvornik, Bratunac and Bijeljina. UNMIBH also notes protests by Croat officials regarding the joint registration document (which contains both Cyrillic and Latin script). Since 25 June, Croatian authorities have complied with the High Representative’s request not to allow BiH vehicles with old license plates to cross into Croatia.

    RIGHT TO PHYSICAL INTEGRITY

  15. Ill-treatment by Police: UNMIBH (HRO) reports additional allegations of ill-treatment by local police in both the Federation and the RS during this month. Reported cases in June include allegations of abuse during arrest; ill-treatment during detention at police stations; and threats and physical abuse to force confessions. The following cases are indicative of the type of allegations of ill-treatment reported by UNMIBH (HRO) in June.
  16. Six youths were reportedly beaten by the local police station Commander and Deputy in Banja Luka (RS) in June. The youths were transferred to Tunjice prison on 14 June where they were taken to the front gates of the prison and reportedly beaten by several prison guards. A disciplinary hearing was held on 18 June, as a result of which the six accused prison guards were found guilty of excessive use of force and fined 10% of their salaries for six months. The conduct of the hearing is being followed by UNMIBH due to concerns with procedures employed to gather and evaluate the statements.
  17. A Bosniak male reported having been beaten by local police officers at the police station in Gata, near Bihac (Fed) and then taken to a field and beaten further, where he lost consciousness. In Tuzla (Fed), complaints of ill-treatment by local police at the time of interrogation were lodged by a group of Roma. UNMIBH has received a number of allegations of ill-treatment by local police in Bosnian Croat-majority areas in Canton 7 and 8 (Fed).
  18. Conditions of Detention: Inspections of prisons and police detention cells are conducted on a regular and ad-hoc basis by UNMIBH (HRO). No significant concerns were raised in June regarding conditions of detention.

    RULE OF LAW

  19. Bosnian Serb Indictee Apprehended; Accused Found Dead in his Cell: On 15 June, Bosnian Serb Milorad Krnojelac was detained in Foca (south-eastern RS) by SFOR troops and then transferred to the Hague. Krnojelac was indicted in June 1997 under a sealed indictment for crimes allegedly committed at the Foca Kazneno-Popravni Dom (KP Dom) detention camp, one of the largest prisons in the former Yugoslavia. On 29 June, accused Slavko Dokmanovic, was found dead in his cell at the Hague’s Detention Unit. An inquiry into the circumstances surrounding the death of the accused is being conducted by the local authorities. Dokmanovic died while awaiting the verdict of his trial, which was scheduled to be handed down on 7 July.
  20. Zvornik 7 Retrial Update: The second day of the retrial of the Zvornik 7 defendants resumed on 1 July at the District Court in Bijeljina (RS). Six of the seven defendants were present in court. One of the seven defendants, who is being tried in absentia, was represented by a new court-appointed lawyer. The trial session included the testimony of six witnesses. A seventh witness is to be called later by the Prosecution. The next session, scheduled for 5 August, will involve a visit to the scene of the crime.

    PROPERTY RIGHTS AND PROPERTY LEGISLATION

  21. Update on Implementation of Federation Property Legislation: Monitoring of the implementation of the Federation housing and property laws by international organisations has continued. On the basis of the obstacles to implementation which have been identified, OHR has intervened repeatedly with responsible authorities, including in letters to Prime Minister Bicakcic on 21 May and 29 June and to Minister of Urban Planning and Environment Morankic on 29 June. In response, Prime Minister Bicakcic instructed Cantonal Governors to ensure appropriate implementation in compliance with the laws. [Ed. Note: On 4 July, Minister Morankic issued more detailed Instructions on specific obstacles to Cantonal Ministries Competent for Housing Affairs and the Federation Ministries for Defence, the Interior and Justice, in which he clarified in accordance with OHR interventions that fees should not be charged; that the municipal housing offices are responsible for all apartments, including military and police apartments; and required the Ministry of Defence and Ministry of the Interior to transfer files relating to apartments administered by them to the municipal bodies].
  22. Reports from the field indicate that obstacles to filing claims remain, but that some of the major problems with the filing process have been remedied. A small number of municipalities, most prominently Drvar, do not have functioning claims filing systems. In addition, the overall picture of claims processing under the laws so far is very discouraging. Very few claims have been decided, despite the fact that decisions are due on thousands of claims (under the law, decisions should be issued within 30 days of filing). Additional interventions will be undertaken by OHR and other involved organisations to remedy this problem.
  23. Media, Information and Training: An Inter-Agency Property Media Group has been established, comprising property and media experts from IOM, UNHCR, OSCE, SFOR, UNMIBH, CRPC and OHR, to develop an information and media campaign for the new property laws. The campaign is currently focused on ensuring full awareness of the law on abandoned apartments, the claims process and the 4 October 1998 deadline. Dissemination has been national and international using various medium including television, radio, newspapers and alternative channels. A series of four training sessions on the new Federation property laws have been held jointly by UNHCR, CRPC and OHR. These sessions were held in June in Sarajevo, Banja Luka, Mostar and Tuzla and were aimed at staff of international organisations. The objective of these sessions was to provide participants with a broad political and legal understanding of the laws to enable staff of international organisations to identify and to address obstacles to implementation of the laws. Two further training sessions, one for staff of local organisations and the second for staff of international organisations, are planned for 3 and 5 of August in Sarajevo and will be organised through ICVA. [for further information on these sessions, please contact ICVA by fax on (387) 71 668 297 or by e-mail at icva@bih.net.ba].
  24. Commission for Real Property Claims of Displaced Persons and Refugees (CRPC): On 28 June, the CRPC issued a statement on the new property and housing laws which reiterates CRPC’s role as the final decision-maker on real property and apartment claims and recognises its position as a pivotal part of the post-GFAP legal system in Bosnia and Herzegovina. As an institution established under the Peace Agreement, CRPC’s mandate and powers are independent of local law: the Entities are bound by Annex 7 to respect and implement CRPC decisions in all cases, expeditiously and in good faith. In the new laws, Entity legislators have for the first time expressly acknowledged the role of the CRPC as a part of the domestic legal framework.
  25. Republika Srpska Property Legislation Update: The housing and property law drafts prepared for consideration by the RS National Assembly at its Session on 26 June were not passed, and were returned to the Government for re-drafting. A deadline of 31 August 1998 was set by the Peace Implementation Council in Luxembourg for draft legislation acceptable to the High Representative to be finalised and passed by the RS National Assembly. [See HRCC Monthly Report – April 1998, para. 20].
  26. Halting of Evictions of Illegal Occupants in the RS Update: Evictions in the RS which would lead to the reinstatement of pre-war occupants, have been repeatedly halted by the RS authorities since April of this year. Despite OHR and UNHCR interventions, evictions were not formally restarted. Evictions were still scheduled during this reporting period. In the period 22-29 June, there were four scheduled evictions, however, none of them were successfully carried out. [Ed. Note: The beginning of July has seen some developments. Twenty evictions are scheduled to take place in Banja Luka in July. On 6 July, an eviction was successfully carried out in Banja Luka. In Kotor Varos, the first successful eviction in two years was reported].

    INSTITUTIONAL AND POLICY DEVELOPMENTS

  27. LEA/LINK Draft Law on Associations and Foundations: On 8 June, a working version of a new draft Law on Associations and Foundations was widely distributed for public discussion. This first distribution was primarily aimed at domestic NGOs in BiH, the aim being to solicit their views on legislation that will crucially affect them. The process of gathering input will run until 8 July, when the legal experts associated with LEA/LINK (Law, Education, Advocacy and Networking) will incorporate comments and suggestions as appropriate. They will then produce a final text Law on Associations and Foundations. This will be officially submitted to the relevant authorities of both Entities. This initiative marks a crucial stage in the LEA/LINK project, which is supported by a host of domestic NGOs, legal experts and international organisations including the OHR. Established in 1997, this project aims to improve the environment in which non-governmental organisations function in BiH. The Office of the High Representative, acknowledging the need for sound and consistent NGO legislation in both Entities, fully supports this process. The development of a strong and independent civic sector which contributes directly to a sustainable peace and democratic society is an important aspect of the implementation of the Dayton Accords. [A full report by the HRCC is available in English and Bosnian on the OHR Web Site and from the HRCC].
  28. Sarajevo Education Working Group: The Sarajevo Education Working Group was established in March by the Sarajevo Cantonal Ministry of Education as part of its obligations under the Sarajevo Declaration. Made up of representatives of educational institutions, NGOs and international organisations, its mandate is to supervise the work of the Cantonal authorities in reviewing textbooks for material that contributes to ethnic intolerance and hatred; to supervise their work in reviewing complaints of discrimination towards children and teachers; and to develop projects that foster tolerance and harmony in schools. A Subgroup of the Working Group has been focusing on tolerance projects and, after issuing an invitation encouraging the submission of community and school-based projects for this purpose, funding has been secured for the four projects selected by the Subgroup. These four projects include a community-based initiative in Ilidza which will bring together students from four schools (two from each Entity) on a weekly basis to discuss various issues; a project developed by a special education school for disabled children which aims to bring together the pupils, parents and educators with those of a school for disabled children in Banja Luka; a project initiated by an applied arts high school which seeks to create joint exhibitions and television programmes with similar schools in Banja Luka; and a project initiated by a high school which seeks to offer workshops to students on the ECHR followed by short courses on journalism and photography.
  29. Training for IPTF Human Rights Monitors: The Office of the High Commissioner for Human Rights (OHCHR), in conjunction with UNMIBH, commenced a training for IPTF human rights monitors. The first course was held in Sarajevo from 22 to 26 June. The training focused on the application of international human rights standards in the context of Bosnia and Herzegovina with particular emphasis on the role of the IPTF in relation to monitoring the local police. The OHCHR will be training all IPTF human rights monitors in a rolling programme over the next two months.
  30. Judicial Training Centres: A round table on the establishment of judicial training centres was held in Tuzla on 4 June. The aim of the meeting was to assess a proposal drafted by a number of international organisations, including the Council of Europe, ABA/CEELI, OSCE, OHR/OHCHR and the UN Centre for International Crime Prevention. Participants included representatives from the above-mentioned organisations and EU Phare, USAID, the Federation Ministry of Justice, the Federation and RS Judges’ and Prosecutors’ Associations, the Federation and RS Supreme Courts, the Federation Constitutional Court and the RS Bar Association. Participants expressed their support for the establishment of a judicial training centre. It was suggested that due to the current legal situation, two centres (one in each entity) should be established as independent institutions.

    HUMAN RIGHTS INSTITUTIONS

  31. Human Rights Chamber Session: The Human Rights Chamber met in Sarajevo for its twenty-sixth Session from 8 to 12 June. On the last day of the session, the Chamber publicly delivered four decisions on the merits, involving 19 cases. In two cases involving the execution of the death penalty, Borislav Herak and Nail Rizvanovic v. the Federation of BiH, the Chamber ordered the Federation to lift the death penalties against the applicants. In the Rizvanovic case, the Chamber also ordered the Federation to pay the applicant 3,000 DEM in compensation for non-pecuniary damages. In the case of Sasa Galic v. the Federation of BiH, involving a JNA apartment and abandoned property issues, the Chamber found violations of Articles 8 and 13 of the European Convention on Human Rights and Article 1 of Protocol No. 1 to the Convention. The Chamber ordered the Federation to register the applicant as the owner of the apartment, enable him to regain possession of it, and pay him 500 DEM for each month he was not in possession. The Chamber also issued a decision involving 16 JNA cases. The Chamber ordered the Federation to reverse the annulment of the applicants’ contracts and lift the compulsory adjournment of their court proceedings. Finally, the Chamber also declared inadmissible the cases of Adnan Suljanovic, Edita Cisic and Asim Lelic v. the State of BiH and the Republika Srpska. These cases involved complaints regarding the exclusion of the applicants’ votes from the elections for the National Assembly of the RS held in November 1997. The Chamber concluded that the respondent Parties could not be held responsible for any breach of the Convention that may have occurred in the organisation of the elections. As a result, the applications concerned issues outside the competence of the Chamber and were inadmissible. The Chamber also withdrew a provisional order issued earlier in the case. [Chamber decisions and reports are available from the Secretariat in Sarajevo or via the internet at www.gwdg.de/~ujvr/hrch/hrch.htm].
  32. Human Rights Ombudsperson for BiH Second Annual Report: On 9 June, the Human Rights Ombudsperson for BiH presented the institution’s second Annual Report for the period from May 1997 to April 1998. At the presentation of the report, the Human Rights Ombudsperson, Dr. Gret Haller, welcomed positive developments which took place during the last year, including the cessation of the Federation’s Law on Abandoned Apartments; the Bijeljina Court of Appeal’s decision to quash the applicants’ convictions in the Zvornik 7 case and remand the case to the Bijeljina District Court; and the decision of the Supreme Court of the Republika Srpska in November 1997 that the imposition of the death penalty is contrary to the European Convention on Human Rights. The Human Rights Ombudsperson also noted, however, that cooperation by the authorities still needed improvement, especially in the Federation. With respect to the institution’s third year, the Ombudsperson stated the Office will proceed to a more mediation-oriented approach. This development is a result of a number of judicial decisions issued by the Human Rights Chamber on issues such as property, non-enforcement of judicial decisions, illegal detentions and inhuman treatment, or discrimination. These decisions will provide the necessary legal base for the classical approach of an Ombuds-Institution as a mediator. The Ombudsperson is currently seeking cooperation with other national Ombudsmen throughout Europe, in order to build up the necessary expertise.

NOTE:The HRCC Human Rights Monthly Report is based on the regular and special reporting of inter-governmental and non-governmental organisations. The aim of the Report is to provide a concise overview of human rights issues, cases and trends affecting the overall human rights situation in Bosnia and Herzegovina during the reporting period. Questions on specific items should be directed to the reporting organisation or to the HRCC. Please send information for inclusion in the report to 387-71-447-420 to the attention of Michelle Morris or by e-mail to michelle.morris@ohr.int.

Office of the High Representative