Court of Appeal in Belgrade does not give credence to Bosniak victims

The Court of Appeal in Belgrade has quashed the interim judgment of the Higher Court in Belgrade, which found the Yugoslav Army (YA) responsible for the war crime which occurred in the village of Kukurovići on 18^th February 1993, and remanded the case for retrial. The Humanitarian Law Centre (HLC) notes that this decision shows that Serbian courts are continuing with their practice of shielding the state institutions from responsibility for past human rights violations.

A state that does not care for war victims

At the end of February 2014, the Humanitarian Law Center (HLC) was informed that the Ombudsman, the Office for Human and Minority Rights of the Government of Serbia (Office for Human Rights) and the Commissioner for the Protection of Equality (Commissioner) had given up on the initiative for the passing of the new Law on Civilian Victims of War, which would acknowledge the rights of all the citizens of Serbia who have been victims of war crimes and other serious violations of human rights related to the wars of the 1990s. The HLC points out that denying the status of civilian victims to numerous categories has all the characteristics of a systematic violation of human rights, and further, that the state’s treatment of these individuals is unprecedented in the former Yugoslav region.

Court does not recognise former Croatian POWs’ right to redress

The First Basic Court in Belgrade, following the proceedings which lasted six years, passed a judgment dismissing the compensation claim against the Republic of Serbia filed by the Humanitarian Law Center (HLC) in November 2007 on behalf of 12 Croatian citizens for torture they endured in the JNA (Yugoslav People’s Army) prison camps in Sremska Mitrovica and Begejci in 1991. The HLC notes that this judgement denies the victims of severe crimes their right to obtain just compensation, which is guaranteed by both domestic and international law.

Family Members of Victims of War Crime from Sjeverin Seek Justice before Constitutional Court

The Humanitarian Law Center (HLC) filed another appeal with the Constitutional Court of Serbia in the Sjeverin case. Namely, the HLC filed a constitutional appeal on behalf of 20 family members of war crime victims from Sjeverin against the ruling of the Court of Appeals in Belgrade, in which their claims for compensation of non-material damages against the Republic of Serbia were dismissed.

Courts in Serbia Continue Practice of Granting Low Compensation Amounts to Victims of Crimes Committed During 1990’s

The Humanitarian Law Center (HLC) filed a complaint against the verdict rendered by the First Basic Court in Belgrade obliging the Republic of Serbia to pay the amount of 210,000 RSD to Kosovo Albanians, Jahir Krasniqi and Jakup Tahiri, as compensation for being found responsible for the inhumane treatment and torture that these victims were exposed to by members of the Ministry of Interior (MUP) during their unlawful detention in 1999 and 2000. HLC highlights that this is one of the lowest compensation amounts granted by courts in Serbia in cases of serious human rights violations committed during 1990’s thus relativizing the responsibility of the state for crimes for which representatives of institutions of Serbia are found responsible.

Constitutional Court: Right to Fair Trial Violated In Case of Families of Victims from Sjeverin

The Constitutional Court of Serbia established that the right of the family members of the victims of the war crime in Sjeverin to a trial within a reasonable time, in the compensation lawsuit initiated by the Humanitarian Law Center (HLC) on their behalf in 2007 against the Republic of Serbia, was violated. With this ruling, the Constitutional Court of Serbia granted compensation of 600 Euros to each of the 22 applicants.

Constitutional Appeal against excessive length of proceedings in Sjeverin Case

On 19 August 2013, the Humanitarian Law Center (HLC) lodged an appeal with the Serbian Constitutional Court on behalf of 22 family members of victims of the war crime in Sjeverin, because of violation of their right to trial within a reasonable time. Even though six years have passed since the filing of a compensation lawsuit against the Republic of Serbia in 2007, this case has not yet resulted in a final judgment.

Constitutional Appeal against excessive length of proceedings in Sjeverin Case

On 19 August 2013, the Humanitarian Law Center (HLC) lodged an appeal with the Serbian Constitutional Court on behalf of 22 family members of victims of the war crime in Sjeverin, because of violation of their right to trial within a reasonable time. Even though six years have passed since the filing of a compensation lawsuit against the Republic of Serbia in 2007, this case has not yet resulted in a final judgment.

Letter to the Prime Minister Ivica Dačić

Dear Mr. Prime Minister,

We write to you with regard to the decision recently taken by the Ministry of Labour, Employment and Social Policy (hereinafter referred to as the Ministry) to revoke the status of civilian victims of war for a number of victims of serious human rights violations committed outside the territory of the Republic of Serbia, and for members of their families. The decision of the Ministry was preceded by the letter sent by the Humanitarian Law Center (HLC) to the municipal authorities in Priboj with the request  to grant the status of victims’ family members to family members of the victims of the war crime committed in Sjeverin (the Municipality of Priboj), pursuant to the Law on Civilian Victims of War (Official Gazette of the Republic of Serbia 52/96). These are the families of 16 Bosniaks from Sjeverin, who were kidnapped in October 1992 in the place known as Mioče (BiH) while travelling to work in Priboj. They were kidnapped and subsequently murdered by the notorious Bosnian Serb unit known as the “Avengers”, under the command of Milan Lukić. The bodies of 15 of these victims have not yet been found.

Humiliating Compensation for Kosovo Albanians Who Survived Torture by Members of Ministry of Interior

The First Basic Court in Belgrade rendered a judgment ordering the Republic of Serbia to pay compensation to the amount of 150,000 RSD each, to three Kosovo Albanians on account of its responsibility for the abuse and inhumane treatment these victims experienced by members of the Serbian Ministry of the Interior (MoI) during their unlawful detention in 1999 and 2000. The Humanitarian Law Center (HLC) stresses that by granting petty compensation amounts in these cases, the courts in Serbia are trying to minimize the atrocities committed during the 1990’s against victims of serious violations of human rights for which representatives of state bodies bear responsibility.