BiH: 20 years after the war, impunity prevails

The Human Rights Committee (HRC) adopted its concluding observations on the second periodic report on the implementation of the International Covenant on Civil and Political Rights by Bosnia and Herzegovina (BiH). Despite some progresses, numerous remain the measures to be undertaken, in particular with regard to relatives of missing persons, former camp-detainees and victims of rape or other forms of sexual violence during the conflict.

In September 2012 TRIAL (Swiss Association against Impunity), together with six associations of relatives of missing persons,¹ four associations dealing with the subject of rape or other forms of sexual violence during the war,² and seven associations or federations of associations of former camp-detainees³ submitted to the HRC an alternative report for the consideration of BiH’s second periodic report, highlighting the violations of the fundamental rights suffered by the above-mentioned categories of persons.

On 22 October 2012 TRIAL participated in a private meeting in Geneva with the HRC, together with delegations of other Bosnian and international NGOs, raising issues related to the ongoing failure to effectively investigate, judge and sanction those responsible for enforced disappearance, torture and rape during the conflict, the non implementation of the Law on Missing Persons, the systematic lack of enforcement of decisions issued by the Constitutional Court of BiH and the limitations to the freedom of expression and the right of peaceful assembly recently experienced by associations in the Prijedor area.

On 22 and 23 October 2012 the HRC examined the report submitted by BiH and the replies provided to the previously adopted “list of issues” with a delegation of the BiH government. During the session, the HRC raised the issues pointed out by TRIAL and sought explanations and clarifications from the State.

On 2 November 2012 the HRC released an advance version of its concluding observations expressing its concern at the slow pace of prosecutions of war crimes, particularly those relating to sexual violence, as well as lack of support to victims of such crimes and to witnesses at war crimes trials. The application of the criminal code of the Socialist Federal Republic of Yugoslavia instead of the 2003 criminal code to try those accused of crimes committed during the war was also considered to be worrisome as it might affect consistency in the sentencing among entities, eventually resulting in undue discrimination. The HRC further raised its concerns about the fact that the Strategy on Transitional Justice and the law on the rights of victims of torture have not yet been adopted and that disability benefits received by civilian victims of war are significantly lower than those received by war veterans. Moreover, the fact that relatives of missing persons must declare their loved ones dead in order to accede and maintain a monthly disability pension was deemed not to be in line with international standards.

In light of the above, the HRC recommended BiH to, among others, expedite the prosecution of war crimes cases; ensure effective protection and psychological support for victims and witnesses during war crimes trials and promptly investigate cases of suspected intimidation or threats; take concrete measures to ensure that survivors of sexual violence and torture have access to justice and reparation and to harmonize disability benefits among entities and cantons and among civilians and veterans; expedite the investigation of all unresolved cases involving missing persons and ensure that the Missing Persons Institute is adequately funded and able to fully implement its mandate. Moreover, the HRC recommended that the freedoms of expression and assembly are fully guaranteed and called on authorities to investigate on the legality of prohibitions to conduct commemorations related to the war, in particular in the Prijedor area.

On 2 November 2013 BiH will have to submit a follow-up report on the measures adopted to implement the recommendations issued by the HRC. The conclusions and recommendations by the HRC represent a road-map for BiH authorities and shall be enforced without delay. TRIAL will actively engage in the dissemination of the contents of the concluding observations and will monitor the implementation of its recommendations, advocating with competent domestic authorities for a prompt enforcement.

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