Courageous struggle of rape survivor rewarded at last

Survivor of rape during the war in Bosnia and Herzegovina relieved as Doboj court today hands out a three-year prison verdict against perpetrator. Despite being a light sentence with no compensation for the victim, TRIAL nevertheless hails this ruling as a major step against impunity of perpetrators of sexual violence during the Bosnian war.

The Doboj municipality court today sentenced Mr Dragoljub Kojic to a three-year prison sentence for rapes and war crimes against civilian population committed during the 1992-1995 war. The Court however refused to grant her compensation and referred on of her victims, Lejla B. (alias name) to civil courts to that end. The emotional trial, which started in late February 2013, was made possible by the courage and perseverance of the victim, supported in her struggle for justice by the Swiss NGO TRIAL.

Raped and put to forced labor

In May 1992, as the war was raging in Bosnia and Herzegovina, Lejla B . left her home town Živinice to find and protect her 19-year old son, living at the time with relatives in the town of Bosanski Šamac. The town had been occupied by the Army of the Republika Srpska and her son taken into forced labour. He was eventually shot in Zasavica village on 3 July 1992. On the week of her son’s death, Lejla B. was arrested by three police men and taken to the Zasavica camp. Under gun threat, she was there raped by Dragoljub Kojic on three occasions. Lejla B. stayed in Zasavica camp for 10 months, put to forced labour and survived under inhumane conditions.

Empowering victims seeking for justice

After a long silence, Lejla B. found the courage to demand that justice be done. Since 2007, she repeatedly wrote to the competent authorities. Her efforts remained unheeded until TRIAL began supporting her case in 2010, advocating for the initiation of an investigation and prosecution of the suspected perpetrator.

As the verdict was pronounced, the victim was extremely relieved: “I have been expecting this moment for so long. Fighting for justice is a way to get my life back. Today, I truly hope that my story and this verdict will serve as an example for other victims struggling to be heard”, declared Lejla B.

“Today is a great day for justice and for the victims of sexual violence during the conflict” declared Adrijana Hanusic, TRIAL Legal advisor in BiH. “This verdict shows that courage and perseverance can bring change to victims of horrendous crimes. Too often left alone, the victims can find from civil society organisations the professional support needed for justice to be delivered” added Ms Hanusic.

For TRIAL Director Philip Grant, “the verdict is a wonderful news for the victim and long awaited recognition of her sufferings. The court should however have addressed her claim for compensation. The courts handling such cases throughout Bosnia and Herzegovina should indeed now stop sending the victims to claim compensation in a civil suit that almost none can afford to file, and must address all claims for compensation in the course of the criminal trial”.

Background to the case

Rape and other forms of sexual violence were widely used as a means of war and ethnic cleansing during the 1992-1995 war in Bosnia and Herzegovina. According to source, between 20’000 and 50’000 people were raped or otherwise sexually abused during the war. Since then, perpetrators of such crimes have enjoyed an overall climate of impunity, as only about 50 criminals have been brought to account before the courts of Bosnia and Herzegovina.

TRIAL started in 2010 a program of support to victims of sexual violence from the war and has been since been assisting survivors of rape, notably in the initiation of criminal prosecutions.

The organisation identified Lejla B.’s case as the first one eligible for litigation before the Constitutional Court of BiH, on the ground that no investigation had been carried out, even though the rapes had been repeatedly reported to the authorities by the survivor. Before filing the case to the Constitutional Court, TRIAL and Lejla B. however undertook last efforts to prompt the Prosecutor’s Office of BiH into conducting a prompt and serious investigation with a view to raising criminal charges against the suspect.

Following a long procedure, the case was eventually transferred to the Doboj municipality court, where an investigation was initiated. TRIAL continued to provide the victim with legal counsel and administrative support, accompanying her during the various stages of the proceedings. As the trial started in February 2013 in Doboj, TRIAL stepped up its work, preparing for instance with the victim a compensation claim.