Free but not yet freed: camp detainees in BiH still in the shackles of the State
Sarajevo / Geneva, 28 May 2012
TRIAL (Swiss association against impunity) presented today a report on the situation of former camp detainees in Bosnia and Herzegovina submitted to the United Nations Special Rapporteur on Torture and other Cruel, Inhumane and Degrading Treatment or Punishment and the UN Working Group on Arbitrary Detention. Drafted in cooperation with nine associations of former camp detainees representing different ethnic groups, the Report aims to highlight the remaining obstacles preventing Bosnia and Herzegovina’s full implementation of international obligations in regards to the issue of former camp detainees.
“As long as Bosnia and Herzegovina continues to violate the rights of thousands of men and women and ignores their constant quest for justice and satisfaction while holding them at the margins of society, former camp detainees may indeed be freed, but are certainly not free yet”.
Key problems highlighted in the Report include the lack of precise data, the inadequacy of the codification of torture, forced labour and arbitrary detention, the lack of legislation for the rights of victims of torture, the failure of the State to effectively investigate, prosecute and punish the persons responsible for crimes including torture inflicted to camp detainees, the failure to adequately protect and support witnesses in cases concerning former detainees, and the failure to grant adequate compensation and integral reparation to former detainees.
«As long as Bosnia and Herzegovina continues to violate the rights of thousands of men and women and ignores their constant quest for justice and satisfaction while holding them at the margins of society, former camp detainees may indeed be freed, but are certainly not free yet», stated the Coordinator Lejla Mamut-Abaspahić on behalf of TRIAL. She stressed that the State had been and still was in of numerous international obligations prescribed, among others texts, by the Convention against Torture and the International Covenant on Civil and Political Rights, both ratified by Bosnia and Herzegovina.
The signatory organisations of the Report urge the Special Rapporteur and the Working Group to analyse the situation of former camp detainees in the country as well as the existing legal framework and to issue recommendations to the authorities. Moreover, they call on the Special Rapporteur and the Working Group to request to carry out a country visit, noting that on 7 May 2010, the State issued a standing invitation for all special procedures of the UN, through which it assumed the obligation to always accept country-visits. «An official visit to Bosnia Herzegovina would allow these UN bodies to gather first-hand data on the problems and injustices faced by former camp detainees. This issue would then not only be raised highly on the list of priorities of domestic authorities but also of international human rights bodies, which would help resolve the problems of this exceptionally vulnerable population», concluded Ms Mamut-Abaspahić.
The Report also highlights the difficult financial situation faced by former camp detainees, the fact that they live without health protection, the feeling of rejection and discrimination which they face during court proceedings due to the lack of legal aid, and the low level of protection of the identity of witnesses. In addition, the lack of psychological support complicates the already complex situation of people whose testimonies are a fundamental basis of cases against war crimes suspects in Bosnia and Herzegovina.
For more information:
- See the full report
- See the executive summary
