The Court of Appeals in Belgrade: Serbia is responsible for the torture and inhumane treatment of Bosniaks in the Šljivovica concentration camp

The Court of Appeals in Belgrade (Court of Appeals) amended the judgment of the First Basic Court in Belgrade and rendered a final judgment stating that Serbia is responsible for the torture and inhumane treatment of the Bosniaks Enes Bogilović and Mušan Džebo from Žepa, committed by members of the Ministry of the Interior (MOI). Bogilović and Džebo were detained in the concentration camp Šljivovica (municipality Čajetina) in 1995 and 1996. The Court of Appeals also obliged the State to pay them compensation to the amount of 600,000 RSD. Although the amount awarded may not constitute fair compensation for the victims, the Humanitarian Law Center (HLC) points out that the final court assessment of the treatment of captured Bosniaks in the camp Šljivovica by members of the MOI represents the first institutional recognition of the atrocities committed against Bosniaks in the concentration camps at Šljivovica and Mitrovo Polje.

Include victims’ rights to reparation in Chapter 23

The European Commission (EC) Screening Report for Chapter 23 – Judiciary and Human Rights, does not contain information on the rights of victims of the war crimes and of mass violations of human rights committed during the 1990’s to material compensation and other types of reparation. The Humanitarian Law Center (HLC) calls upon all participants in Serbia’s European Union (EU) accession negotiations to include all norms and international standards relating to the rights of victims of human rights violations, including the requirements of the EU Acquis, into the process of the harmonization of domestic regulations with  EU law.

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.