Human Rights
Bosnian Serb Indictee Detained by SFOR
Bosnian Serb General Radislav Krstic was detained by SFOR troops on 2 December under a sealed indictment of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and subsequently transferred to the Detention Unit of the ICTY in the Hague. Krstic made his initial appearance on 7 December before Trial Chamber I and pleaded not guilty to each charge included in the indictment.
The indictment alleges that the accused, as the Commander of the Drina Corps of the Bosnian Serb Army, committed Genocide during and after the fall of Srebrenica between 11 July 1995 and 1 November 1995.
The accused is also charged with five other counts in the indictment, all relating to the events which surround the fall of Srebrenica, namely Complicity to Commit Genocide; Extermination, a Crime Against Humanity; Murder, a Crime Against Humanity and a Violation of the laws or customs of war; and Persecutions, a Crime Against Humanity.
The accused is charged in respect of his direct personal involvement in the commission of these crimes and also as being responsible as a commander for the actions of those under his authority.
Violent Incidents in Eastern Republika Srpska.
The detention of General Krstic was followed by a number of violent incidents in Eastern Republika Srpska (RS). On 3 December, a UN vehicle was destroyed in front of the IPTF Vlasenica Station.
On 4 December, a public rally was held in Vlasenica in reaction to General Krstic's arrest. Following a statement made by the President of the Vlasenica Municipal Assembly that General Krstic had been tortured by SFOR troops during his detention, the crowd attacked and injured two members of the ECMM mission and burnt an ECMM vehicle. Also on 4 December, an explosion occurred near the IPTF Bratunac Station.
The High Representative strongly condemned the violent incidents and stated that any suggestion of torture was entirely unfounded and highly provocative. On 15 December, under his Bonn powers, the High Representative suspended the President of the Vlasenica Municipal Assembly pending the findings and results of ongoing criminal investigations.
IPTF Investigation Team Attacked in Stolac
IPTF reports over 70 return-related incidents in Stolac municipality since the beginning of the year. As a result of the inadequate response of local police and Municipal/Cantonal Authorities to returnee-related violence, IPTF deployed a 24-person investigation team to examine the performance of the Stolac police in preventing and responding to returnee-related violence.
On 10 December, during an inspection of the Stolac local police station, the investigation team was attacked by a hostile crowd. As a result of the incident, the new Cantonal Minister of Interior dismissed the Stolac Chief of Police.
Zvornik Seven
On 12 December, the Bijeljina court handed down a verdict in the re-trial of the Zvornik 7 case. The case involves the trial of seven Bosniak men who fled after the fall of Srebrenica and remained in hiding in RS territory for almost one year.
Charges against three of the defendants, who were accused only of weapons violations, had already been dropped; the remaining defendants were convicted of the murders of four Serb woodcutters, as well as a Bosniak companion, during the time they were in hiding.
Three of the defendants, including one tried in absentia, were found guilty of murder; the fourth was found guilty of attempted murder. Two defendants received sentences of 20 years; one received a sentence of 11 years; and the defendant tried in absentia received a sentence of 10 years.
In a press release issued on 15 December, OSCE, OHR, UNMIBH and OHCHR condemned the verdict by the Bijeljina District Court. The only evidence tying the defendants to the alleged crimes were confessions taken during the original investigation; the court apparently relied on these confessions despite overwhelming evidence that the defendants had been mistreated and the confessions were coerced.
Both international law and the law of the RS prohibit the coercion of statements, as well as the use of coerced statements as the basis of judicial decisions. While the written verdict in this case has not yet been issued, the decision announced by the Bijeljina Court is clearly inconsistent with international standards, and constitutes a setback for the rule of law in the RS.
The international community calls on the Supreme Court to expeditiously consider the evidentiary, statutory and constitutional questions raised in any appeal of this verdict.
Federation Property Legislation
OHR has forwarded to Prime Minister Bicakcic a list of outstanding problems with Federation legislation and administrative practices relating to property and housing, which should be resolved as a matter of priority.
The issues include amendment of the Criteria under Article 3(7) of the Law on Cessation of Application of the Law on Abandoned Apartments; amendment of the laws to allow for administrative claims for repossession of illegally occupied property that was never formally declared abandoned; a strengthening and clarification of the role of the Commission for Real Property Claims of Displaced Persons (CRPC) in the claims process; and a range of other matters.
OHR and other interested international organisations will undertake detailed negotiations on each of these matters in the coming weeks.
Implementation of the property and housing laws in the Federation continues to face obstacles. While the numbers of claims registered continues to improve in most parts of the Federation, the rate of decision-making and enforcement is still extremely low.
The authorities in Zenica, and more lately in Tuzla, are applying Article 3(2) of the Law on Cessation of the Application of the Law on Abandoned Apartments to reject claims, on the basis that the departure of the original resident was unrelated to war activities. This amounts to a denial that the original residents of Zenica have the right to return under Annex 7 of the Dayton Agreement. OHR has intervened with the Ministry for Urban Planning and Environment, and other international organisations are intervening with the relevant municipal authorities.
There has also been a marked increase in reports of the military police carrying out summary evictions of civilians from military apartments in Sarajevo. The military police are competent only to enforce military regulations against military personnel, and their attendance at evictions has no basis in Federation law. The civilian police have sole responsibility for supporting the execution of evictions, which may only be carried out pursuant to a decision rendered by a competent body - either a court or the administrative authority competent for housing affairs. The High Representative sent a letter on 4 December to the Federation Ministry of Defence objecting to the involvement of military police in evictions.
Republika Srpska Property Legislation
On 2 December, the Republika Srpska National Assembly adopted the Law on Cessation of Application of the Law on Abandoned Property. This Law finally rescinds the war-time legislation on abandoned property, which has been a major obstacle to return in Republika Srpska. Although a review of the final text is still underway, its adoption represents a very positive step forward.
The Law establishes an administrative claims process for the repossession of property, similar to the two Federation property laws adopted in April 1998. The RS Law regulates both private property and socially owned apartments, and specifies the rights of temporary occupants to alternative accommodation.
Under the Law, the Ministry for Refugees and Displaced Persons is responsible for implementing the law and deciding property claims. The Law also gives an important role to the CRPC. A draft Law on Amendments to the Law on Housing Relations is currently before the National Assembly
Evictions in Republika Srpska
On 9 December, the National Assembly adopted a Conclusion instructing the authorities not to carry out evictions of refugees, displaced persons, families of killed soldiers and war invalids from the period 15 December 1998 until 15 April 1999, except where alternative accommodation is available. Similar restrictions on evictions had already been adopted by the court authorities in Banja Luka. 'Winterisation rules' preventing evictions over the winter period were the usual practice before the war, although normally promulgated at municipal level. OHR will try to ensure that progress continues to be made on multiple occupancy and floater cases over this period.
For further details on the current human rights situation in Bosnia and Herzegovina, please see HRCC Human Rights Monthly Reports which are available in English and Bosnian on the OHR Web Site (http://www.ohr.int/hr.htm
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