Bosnia and Herzegovina: TRIAL gives voice to Srebrenica victims before the Constitutional Court

Bosnia has recently released more than a dozen convicted war criminals following a ruling by the European Court of Human Rights in July 2013. Among these criminals, six took part in the 1995 Srebrenica massacre. In response, three NGOs -TRIAL, the Association Movement of Mothers of Srebrenica and Žepa Enclaves and the Women’s International League for Peace and Freedom- use the only opportunity for the victims’ voice to be heard and taken into account, by submitting today a legal brief (amicus curiae) to the Constitutional Court. The text analyzes the case of one of the perpetrator of Srebrenica genocide in 1995, considering that his conviction to 24 years in prison did not violate his rights. The NGO calls on the Constitutional Court to reject his appeal.

“It is the duty of Bosnia and Herzegovina to ensure adequate and proportional punishment for the gravest crimes in international law and effective protection of victims from further violence and intimidation. The Constitutional Court should reject Ivanović’s appeal” said Adrijana Hanušić, TRIAL legal advisor in BiH.

Following a ruling by the European Court of Human Rights from July 2013, the Constitutional Court of Bosnia and Herzegovina annulled the conviction of more than a dozen war criminals and persons responsible for genocide finding that they had been tried under a more stringent criminal code (from 2003) than the one (from 1976) in force when the crimes were committed.

For example, Željko Ivanović was convicted last year to 24 years in jail for his participation in the crimes committed in Srebrenica. But in his appeal, Ivanović asks the Constitutional Court to quash his conviction and to order a new decision to be taken by the BiH Court in application of the 1976 code. The Court will rule on his appeal in the coming weeks.

The survivors of Srebrenica and their loved ones were outraged and dismayed at the release of the convicted criminals. Some of the perpetrators went back home and were celebrated as heroes by local authorities.The wounds of the victims have been reopened and the disillusion toward the justice system has reached its peak.

Munira Subašic, president of the Association of Mothers of Srebrenica who lost 22 family members in the massacre, said: “I feel like a victim again. I live in constant fear as I know that I can cross paths with my tormentors at every moment again”.

In response, TRIAL, the Mothers of Srebrenica and Žepa Enclaves and theWomen’s International League for Peace and Freedom are submitting an amicus curiae (legal brief) to the Constitutional Court as this represents the only opportunity for the victims’ voice to be heard and taken into account in the pending proceedings.

The legal brief rejects the arguments put forward by Ivanović: “It is the duty of Bosnia and Herzegovina to ensure adequate and proportional punishment for the gravest crimes in international law and effective protection of victims from further violence and intimidation. The Constitutional Court should reject Ivanović’s appeal” said Adrijana Hanušić, TRIAL legal advisor in BiH.

• Read the amicus curiae submitted by TRIAL, the Mothers of Srebrenica and Žepa Enclaves and WILPF