RETURN-RELATED INCIDENTS
[This section is primarily based on OSCE and UNMIBH reports]
Federation
Continued Return-Related Incidents in Herzegovina-Neretva Canton:
- Violent incidents targeting Bosniak minority returns in Herzegovina-Neretva Canton continued during the month of November. IPTF reports a total of 132 return-related incidents since the beginning of the year, including explosions, arsons and stoning incidents, of which 70 occurred in Stolac municipality. The majority of incidents occurred at night, targeting uninhabited Bosniak-owned houses under reconstruction for return.
- Stolac municipality: On 3 November, two Bosniak-owned houses were destroyed by explosions in Rivine and Poprati. Both explosions caused damage to neighbouring houses. On 5 November, a hand grenade was thrown at a Bosniak-owned car in Aladinici, causing minor damage to the vehicle. On 7 November, two hand grenades were thrown in front of a house belonging to a Bosniak returnee in Donji Balavci. Two male Bosniaks sustained minor leg injuries. On 11 November, two Bosniak-owned houses were blown up by explosives in Borojevici. One of the owners sustained minor injuries.
- On 2 November, graves were desecrated at the Catholic cemetery in Kuti-Livac, Mostar North municipality. The incident was condemned by Mostar's Deputy Mayor Orucevic. On 19 November, an explosive device was detonated in front of a Bosnian Croat-owned shop in West Mostar.
- In response to the high number of return-related incidents in Stolac, Capljina and Mostar, SFOR increased its presence in these return areas to prevent threats against the security of returnees. On 29 November, a Bosnian Croat male was detained for possession of illegal ammunition seized during a check-point search by SFOR. Attempts to search his house were blocked by a swiftly-mobilised crowd of around 200 people, and routes in and out of the area were also blocked by vehicles. Negotiations were eventually successful in dispersing the roadblocks.
- Despite repeated interventions, IPTF reports that the response of local police and Municipal/Cantonal Authorities to returnee-related violence in Canton 7, in particular Stolac and Capljina, has been wholly inadequate. [Ed. Note: In response, IPTF instituted a full Operational Performance Scrutiny of the Stolac Police Administration in early December. A 24-person investigation team was deployed to examine the performance of the Stolac police in preventing and responding to returnee-related violence. The team will inspect police premises and facilities in Stolac, interview local police officers and personnel and will monitor police officers in carrying out their duties.]
Republika Srpska
- OSCE reports a number of attacks targeting Bosniak returnees in Teslic municipality during October and the first half of November, following the return of 71 Bosniak families during September and October. On 9 and 15 October grenades were thrown on three occasions at Bosniak-owned houses in Teslic town, Gornji Teslic and Donji Ruzevic. On 24 October, stones were thrown at a Bosniak-owned house in Teslic town. On 3 November, three hand grenades were thrown at two Bosniak-owned houses in the village of Gornji Teslic. A Bosniak female sustained leg injuries. The incident followed a previous incident on the same day involving the Head of the Municipal Office of Returns attempting to prevent a Bosniak woman from returning to her house in Gornji Teslic. On 6 November, a hand grenade was thrown at a Bosniak-owned house in Pribinic Selo Marica, Teslic municipality, causing material damage. On 4, 12 and 13 November, Bosniak-owned haystacks were set alight in Gornji Teslic. In response to these incidents, IPTF, SFOR and the local police increased patrols in these areas. A similar pattern of grenade and arson attacks against Bosniaks in Teslic was carried out in the summer of 1996 and in the spring of 1997, resulting in 1996 in the departure of some 100 Bosniak families to the Federation.
- On 9 November, a Bosniak-owned house was destroyed by explosive devices in Kozarac, Prijedor. According to IPTF, approximately ten to 12 explosives were used. The house was in the process of being rebuilt by the Norwegian Refugee Council (NRC) with UNHCR funds. The house was part of a group of 53 houses being rebuilt by NRC in this area. The hand-over of keys to the owner, currently living in Sanski Most, was due to take place on 13 November. The incident was condemned by the Mayor of Prijedor and the Chief of Public Security Centre. The incident was initially linked to the destruction the previous day of a Bosnian Serb grave site located in Podvidaca, Sanski Most municipality. Local police subsequently indicated that the explosion was not linked to the desecration of the graveyard. Disciplinary measures were taken against Kozarac local police for not responding appropriately or in a timely fashion to the explosion. At the end of November, five Bosniak families had returned. Kozarac has been identified by the International Community as one of the most important return areas.
- On 8 November, a hand grenade was thrown at a Bosniak-owned house in Banja Luka. On 17 November, a hand grenade was thrown at a house owned by Bosniak returnees in Novo Selija, Banja Luka, causing slight damage to the house. The owners were recent returnees from Germany. On 14 November, a group of 15 Bosnian Serb displaced persons blocked a road obstructing a bus carrying 51 Bosniaks, currently living in Slovenia, following a UNHCR-organised graveyard and assessment visit to Kotorsko, Doboj. The bus was stoned as it was leaving the scene, causing damage to windows. The local police reportedly failed to take any action. IPTF subsequently issued a non-compliance report to the Doboj Chief of Police for inadequate direction of the operation.
RIGHT TO RETURN/FREEDOM OF MOVEMENT
Assessment Visits and Returns
[This section is primarily based on UNHCR and RRTF reports and focuses on visits and returns which are particularly significant from a human rights perspective]
Visits/Returns to Federation:
- On 7 November, approximately 50 Bosniak displaced persons returned to Poprati, Stolac municipality, including around 20 staying overnight. The return proceeded without incident, despite the destruction of a Bosniak-owned house in Poprati on 3 November (see above). On 24 November, 30 Bosnian Serb families returned to Laksevine settlement, Mostar South municipality. This marked the beginning of Bosnian Serb returns to the last settlement in Mostar South municipality.
- Returns to Polje and Rastani: A hand-over ceremony of keys to houses in Polje was planned for 27 November, to be accompanied by Bosnian Croat returns. This announcement was followed by notification of Bosniak returns to Rastani on 28 November. On 26 November, the Mayor of Mostar postponed the hand-over ceremony due to 'bad weather conditions.' In addition, the Head of Municipality Mostar West announced that Bosniak returns to Rastani were not acceptable until 34 houses in Polje currently occupied by Bosniaks were vacated. [Ed. Note: On 11 December, approximately 80 Bosniak displaced persons returned to Rastani, including approximately 30 staying overnight. SFOR, UNHCR and OHR were present during the return. The Bosniak return followed the return visit the previous day of approximately 50 Bosnian Croats to Polje].
- On 11 November, 27 Bosnian Serb displaced persons currently in Vlasenica, Zvornik and Bratunac visited Olovo municipality, reportedly the fifth assessment visit to the area. On 12 November, 22 Bosnian Serb displaced persons currently in Vlasenica visited the village of Staric, Kladanj municipality, where the majority were able to visit their houses. On the same day, a group of six Bosnian Serb displaced persons carried out assessment visits to Lukavac and Tuzla municipalities and 60 Bosnian Serb displaced persons currently living in Srebrenica and Bratunac visited Donji Vakuf without incident.
Visits/Returns to Republika Srpska:
- On 7 November, 120 Bosniak displaced persons currently living in Teocak and Tuzla carried out assessment visits to the villages of Janjari and Atmacici, Ugljevik municipality. The majority were able to visit their homes and were welcomed by local Bosnian Serb displaced persons. On 14 November, around 90 Bosniak displaced persons carried out an assessment visit to Hrusta, Nevesinje municipality. On 17 and 18 November, 49 Bosniak displaced persons visited inhabited areas in Bratunac, the third and fourth visits to the area this year. On 29 November, approximately 105 Bosnian Croats currently living in Slavonski Brod visited the Catholic chapel and graveyard in Plehan, Derventa municipality, where they held a religious ceremony.
Other Visits/Returns:
- The first organised repatriation of Croatian Serb refugees to Croatia took place on 10 November. Since the first movement, UNHCR has organised weekly 'convoys.' Most of the returnees are currently residing in Bosanski Novi, Bosanska Dubica and Bosanska Gradiska. At the end of November, 83 Croatian Serbs had returned to Croatia.
RULE OF LAW
- Besirevic Case: Alija Besirevic, a supporter of Fikret Abdic and member of the Presidency of the 'Autonomous Province of Western Bosnia' was arrested for alleged war crimes in 1996 in violation of the Rules of the Road. Only after additional evidence was submitted did the ICTY find there was sufficient evidence for his detention. On 31 October 1997 Besirevic was convicted by the Bihac (Fed) Cantonal Court to eight and a half years imprisonment for the illegal detention and mistreatment a of civilians during the period of the Autonomy. In May 1998 the Supreme Court overturned the verdict and ordered a retrial. A decision was handed down in that trial in mid-November 1998; after 27 months in prison Besirevic was found not guilty of authorizing the detention and subsequent ill-treatment of civilians based on the same evidence admitted at the first trial and with the same judges. The OSCE commended this decision as "a demonstration of properly functioning judicial review" and as vindication that insufficient evidence was presented to warrant the earlier conviction.
- Subotic Update: On 19 November, the Prosecutor filed an appeal against the sentence in the Zenica-Doboj Cantonal Court on five women and two men found guilty of the March 1997 beating death of Slavko Subotic. The appeal followed a press release issued on 17 November by OSCE, OHR and UNMIBH condemning the sentences handed down by Visoko Municipal Court (suspended sentences between nine and six months) as not reflecting the severity and brutality of the crime and calling on the prosecutor to consider an appeal of the final verdict. [see HRCC Monthly Report, October 1998, para. 15]
- Judicial System Assessment Programme: UNMIBH established a Judicial System Assessment Programme (JSAP) to monitor and assess the court system as part of an overall programme of legal reform. The programme will consist both of general assessments of the organisation and functioning of the courts and case-oriented observations. The focus of the programme will be on three main aspects of the judicial system: technical, covering legislation and other legal norms and standards; institutional, concerning the capacity of the system in terms of physical resources and personnel; and political, relating to the political framework and factors determining the operation of the judicial system. The JSAP team consists of 26 lawyers, both internationals and nationals, who were deployed throughout BiH at the end of October.
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