Campaign for olD Crimes international same suffering JustiCe No justice for survivors of wartime rape iN North-east throughout the 1992-1995 conflict in Bosnia and Herzegovina (BiH), thousands of women and girls were raped, many of them systematically and repeatedly. in spite of international outrage and widespread media attention, very little has been done in BiH to ensure the survivors’ right to justice, truth and reparation. While most perpetrators have never been brought to justice, the survivors of these crimes are still struggling to rebuild their shattered lives.

Amnesty International is just one of many state inaCtion Amnesty International welcomes the organizations and institutions that have In 2010, the government of BiH made a commitments the BiH government has documented hundreds of cases of women series of commitments to ensure access made, but remains deeply concerned and girls who were raped during the to justice, truth and reparation for survivors that none of them have been finalized or conflict. For years, the organization has of crimes of sexual violence. One of these implemented to date. been calling on the BiH authorities to bring was to adopt a programme for women those responsible to justice, and to provide victims of sexual violence in conflict and survivors with reparation for the crimes beyond, an initiative aimed at improving under international law the state is committed against them. survivors’ health, social and economic responsible for guaranteeing rights to situation and reducing the stigma they face. justice, truth and reparation. in practice “They [politicians] do not care According to the BiH Ministry for Human in Bih, local authorities have an Rights and Refugees, this programme, obligation to deliver many of the services about us. They are too busy when adopted, should improve access to, needed to ensure enjoyment of those rights, playing their political games. and the quality of, services for wartime rape including healthcare services and access to survivors in those municipalities where most the criminal justice system. What about us?” of the victims now live. s.

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aCting loCally Their testimonies make clear that the denial above : Children take part in an action in , In light of this lack of progress, Amnesty of their right to justice, truth and reparation BiH, hosted by the women’s organization Vive International examined the situation in one adversely affects every aspect of their lives. Žene for the International Day Against Torture. area of the country where many survivors live Vive Žene provides psycho-social support to and attempt to access justice and reparation The women spoke to Amnesty survivors in north-eastern BiH. through the local authorities. International about their experiences: how cover : A nurse treats an 18-year-old Muslim they have tried to get justice in the courts, girl in Tuzla hospital, following her escape This briefing focuses on the to exercise their basic rights, especially from imprisonment, torture and multiple rape and the problems of survivors living there. accessing health care, and to get official in 1992. © Nina Berman / NOOR Amnesty International chose Tuzla as recognition as civilian victims of war. the focus for its research because of its long-term relationship with highly During the war, the survivors interviewed in arbitrary detention. On top of this, they experienced local women’s rights groups Tuzla were subjected to numerous crimes experienced the trauma of crimes being who, for many years, have worked with under international law, such as rape and committed against their loved ones. Many the survivors. For this reason, many women other forms of torture. They suffered sexual of the women are still grieving for family were willing to talk to Amnesty International. slavery, enforced disappearance and members who were killed or went missing

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Bosnia anD Herzegovina t e d

f r o

Federation of Bosnia and Herzegovina (FBiH) m

a

M

Republika Srpska (RS) a p

R e A s I

Brčko District o u r B c e R Tuzla s

Tuzla Canton m E A a p S I

T Zvornik A

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C The country of BiH is divided into two entities: the Federation of Bosnia and Herzegovina (FBiH) and (RS). A third area in the north of the country, Brčko District, has special status.

FBiH is further divided into 10 Cantons. Each entity and canton has

Mostar O

R considerable autonomy, with its own government, judiciary and legislature,

G and each is dominated by political parties aligned to one or other of the E

N main ethnic groups. Tuzla, located in FBiH, is the third largest city in BiH A E I and the capital of Tuzla Canton. It is still undergoing post-conflict T N

N transition, the economy is struggling and unemployment is very high, A O ADRIATIC SEA B approximately 37 per cent. M L A

during the conflict. The fate of many of the Amnesty International interviewed 24 for Bosnian Serb women to come forward missing is still unknown. Most of the women women in Tuzla. Many of them had been and reveal that they too are survivors of are now single heads of household, having interviewed by the organization in 2009 wartime rape as this fact is largely lost their partners in the war, and they bear (as described in the report Whose Justice? denied. This makes it even more difficult the responsibility of caring for their The women of Bosnia and Herzegovina are for them to claim their rights or have their remaining family members. They are often still waiting , Index: EUR 63/06/2009). They experiences acknowledged. the only ones in the family with any income, had survived rape, other crimes of sexual usually from a social welfare payment or violence and torture in the eastern Republic state pension. Srpska towns of Zvornik, Liplje/ Salihovići, DenieD aCCess to JustiCe , , Bosanski Šamac, Not one of the direct perpetrators of the Throughout the war, thousands of Bosnian , and Potočari. The crimes against the women Amnesty Muslims were expelled from, or were youngest was 14 years old when she was International interviewed has been brought forced to leave Serb-controlled territory. raped, the oldest in her late 60s. Most of to justice. Many found refuge in Tuzla, the nearest these women now live in Tuzla Canton . “safe haven”. Many remained there after There are several reasons for this, including the conflict as they were unable to return Although both men and women were persistent denials by politicians, especially to their homes. subjected to sexual violence during the war, in the RS, that these crimes occurred, this briefing does not address the experiences and an underlying lack of political will to of male survivors, as Amnesty International’s act. In addition, BiH has a complex and sCope of tHese finDings research is currently focused on following under-resourced judicial system. This has In November 2011, Amnesty International up the situation of the women interviewed caused extensive delays in bringing those visited Tuzla and spoke to survivors, in 2009. The organization believes, responsible for crimes under international representatives of the judiciary and local however, that research focusing on male law to justice. police, social welfare and mental health survivors would be of significant value. care centres and the cantonal Gender Out of the tens of thousands of alleged Commission. We also spoke to women’s Amnesty International did not speak to crimes of sexual violence against women, organizations, associations of survivors and Bosnian Serb survivors of rape and other fewer than 40 cases have been prosecuted human rights organizations. crimes of sexual violence. It is very difficult by either the International Criminal Tribunal

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I for the former in The Hague part of an initiative to bring coherence C T (Tribunal) or by state and entity courts in to the management of the war crimes Y BiH since 1995. caseload throughout BiH. At the same time, re-allocation of cases between the state and the entity level according at state aNd eNtity levels to their complexity began. While these According to the 2008 National Strategy initiatives aim at resolving war crimes on War Crimes Processing, the War Crimes caseload, survivors of wartime rape Chamber of the State Court of BiH in in Tuzla have yet to see new progress Sarajevo is responsible for prosecuting in the handling of their cases. the most “complex” cases of crimes top : A memorial in , near Tuzla, under international law committed during commemorating the Bosnian Muslim victims the conflict. Cases of multiple or iN tuzla caNtoN of war. systematic rape, or the establishment Until June 2010, there were six pending above : This former brick factory in Zvornik of sexual slavery detention centres are, cases of crimes of sexual violence allegedly housed the “Ciglana” detention camp in 1992. by their very nature, “complex”. There are committed in north-eastern BiH registered Bosnian Muslims were detained there by the only around 130 such cases currently with the Tuzla Prosecutor’s Office. As a Bosnian Serb military forces and paramilitary under active investigation by the State result of the redistribution of cases in 2010, groups and subjected to various crimes Prosecutor’s Office. Entity courts are some of these cases where the crimes were under international law, including to crimes responsible for prosecuting “less complex” not committed on the territory of Tuzla of sexual violence. cases, such as single incidences of rape. Canton were transferred to prosecutors in There is no publicly available information Sarajevo and Eastern Sarajevo. In addition, about the number of such cases being four “complex” cases were sent to the State investigated by entity prosecutors. Prosecutor’s Office.

In 2010, war crimes cases at the entity As of March 2012, the Tuzla Prosecutor’s level were redistributed according to Office is investigating one case involving where the crimes were committed as crimes of sexual violence.

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giving testimony and makes it difficult for prosecutors to the entity level. Amnesty International is Impunity for wartime sexual violence in BiH complete investigations. Survivors’ also concerned that the low number of is exacerbated by a lack of resources and testimonies are often the only evidence cases brought to trial cannot be remedied inadequate facilities in the courts. Some available in the prosecution of individuals without official guidelines on how sexual survivors do not want to testify publicly but, charged with wartime rape. But many of the violence cases should be selected and for those who do, local courts lack basic victims who are willing to testify are unable prioritized for investigation and prosecution. facilities to prevent further trauma. to identify the perpetrator by name. As a result, it can be difficult for the authorities For the women interviewed by Amnesty Amnesty International visited the Cantonal to apprehend suspected perpetrators. International these failures are exacerbated Court in Tuzla, which was not equipped by the lack of information from the authorities with the necessary facilities such as video- These problems are compounded by the about the progress in prosecution of their link technology, separate rooms for fact that there is little guidance and training cases. The continuing impunity for the examining witnesses or separate entrances for investigators and prosecutors dealing perpetrators denies the survivors their for witnesses and defendants. with cases of wartime sexual violence at right to justice.

Amnesty International notes that some witnesses need increased psychosocial support, a fact also recognised by the villagers DetaineD anD tortureD in tHeir oWn Homes Tuzla Proscecutor. in 2003, a local women’s organization, vive their statements were then given to the “It is important to develop a relationship Žene, documented the testimonies of 35 tuzla court by the tribunal. the prosecutor of trust with the victim. They have to women from a village near the town of in tuzla told amnesty international that she participate in the proceedings and they zvornik. according to these women, in 1992 had not investigated the complaint, but in have to be informed, otherwise they paramilitary groups from and local 2007 she was required to send it to the war feel used. Witness support services, Bosnian serb villagers detained them crimes chamber in sarajevo as it was a including psychological counselling are together with more than 400 other Bosnian “highly sensitive” case with multiple victims extremely valuable”. muslims in several houses in the village. and perpetrators. Tuzla Prosecutor the survivors said that about 120 women and girls were kept in these houses, where they in 2009, many of the women survivors In Tuzla, this support is formally provided by were raped, often repeatedly, subjected to repeated their statements to the Bih the NGO Vive Žene, because the local Centre other acts of torture, and denied food; 27 prosecutor’s office. however, as of November for Social Welfare, whose responsibility it is, people were killed. after two weeks they were 2011, none had received any information lacks the capacity and necessary expertise. liberated by men from the village who had about developments in this case. they have been hiding in nearby woods. no idea what, if any, progress has been made Amnesty International is concerned that by these three different courts in bringing the low number of cases of crimes of survivors told amnesty international that they the perpetrators to justice. sexual violence from north-eastern BiH gave statements about their experiences to prosecuted by BiH courts stems from a investigators from the tribunal in 1995. for combination of factors. The lack of many of the women, this was a very difficult infrastructure and resources available to process, yet they never heard from the investigate and prosecute cases at the entity tribunal again. level discourages survivors from testifying

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below : A monument made by the inhabitants of one of the villages near Zvornik, in memory of 120 women who were held in houses in the village during the war, where they were raped and subjected to other acts of torture. l.’s story ©

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“I did survive. But only I know however, in january 1993 they were exhausted exchange. she went to tuzla, where she was and cold, so started walking towards tuzla later reunited with her husband. how. It’s very hard to live, but I in search of food and shelter. l. was carrying have to live and I am doing my her son, but became separated from the group l. had two children after the war. they are now and collapsed. she woke up in a hospital in teenagers. as a result of her wartime best. But we have to fight for zvornik surrounded by serb soldiers. she cannot experiences, including torture, she has many our rights. We can’t wait for recall how she came to be in that hospital. chronic health problems, but continues to be someone to help us. That’s just she was told that her son was dead, but she the main carer for her children, husband and never saw him and, still does not know how parents-in-law. she has to work hard on their how it is.” he died. at this time she was eight months’ small plot of land to provide for her family. she pregnant. she told amnesty international tried to go back to her village, but it was too l. lived in a village near zvornik. she was that the soldiers in the hospital tortured her traumatic, so she returned to tuzla. she says pregnant and had a one-year-old son when and, as a result of severe beatings, she lost she never wants to go back there: “i couldn’t the war began. her husband was in croatia the baby. later, she was held in secret hand my children over to them again. i want working. when the village was occupied by detention in three separate camps in zvornik to make sure my children have better lives serb paramilitaries she escaped and hid in and Bijeljina, where she was raped repeatedly. than i had. i want them to choose for the woods for almost a year with other villagers. she was finally freed as part of a prisoner themselves how to live.”

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“Many of the survivors … are locked in the past … We are trying to support them to find their way to the present and come up with positive thoughts about the future.” teufika ibrahimefendić, psychiatrist working with vive Žene

reparation civilian victims of war currently receive BiH has an obligation under international approximately 500 Bosnian convertible law to provide reparation for the harm marks (€255) per month. For most, this caused by crimes committed during is their only source of income. the war, alongside providing justice in the courts. Civilian victims of war are entitled to other benefits, such as health care, housing, The justice system in BiH has largely failed vocational training and legal aid. Cantonal to deliver justice for victims of wartime rape. centres for social welfare are responsible The state has also largely failed to provide for administering these services. them with adequate reparation including restitution, compensation, rehabilitation, However, there are serious gaps and satisfaction and guarantees of non-repetition. inconsistencies in how the Law on Civilian Victims of War is implemented in Tuzla. There There is no comprehensive programme of are a number of reasons for this, including reparation in BiH. In the RS and in Brèko the country’s poor economic situation, District survivors of wartime rape are inadequate resources for public services, effectively denied access to meaningful lack of proper training, lack of clarity about reparation, but in the Federation of Bosnia the applicable laws, and the deadlocked and Herzegovina (FBiH) there are some political situation. The extent of these gaps is measures of reparation available. unclear: the BiH authorities have not gathered information on whether local In FBiH, survivors of rape may apply to institutions have the capacity to provide the be recognized as civilian victims of war services, and have not given them guidance under The Law on the Basis of the Social on how to implement existing legislation. Protection, Protection of Civilian Victims of War and Families with Children (the Law Recognition as a civilian victim of war is on Civilians Victims of War). Being granted very important for survivors as a form of the status of civilian victim of war is a form symbolic acknowledgement of the crimes of official recognition for crimes committed committed against them. However, their top : Teufika Ibrahimefenfi ć is a psychiatrist against the survivors and the ongoing overriding concern is that even with this and psychotherapist who works with Vive Žene. impact of those crimes on their lives. status, they are unable to access the She is one of the most respected and benefits that come with it – in particular experienced psychotherapists in BiH. She has This status brings with it a number of health services and prescribed medications . helped many survivors to rebuild their lives. benefits, including entitlement to a monthly above : Snaga Žene provides survivors of pension. (However, there is always a fear wartime rape with psychosocial and economic of losing it as the International Monetary reparation refers to the concrete measures support. “Flower Valley”, implemented in the Fund and World Bank, which support the that should be taken to address the Srebrenica area, is an income-generating and BiH economy, have said the government suffering of survivors and victims of gross therapeutic project, which provides survivors must cut its social welfare budget to be violations of international human rights law. with flower seeds (in this picture echinacea) eligible for future loans.) Survivors of rape reparation is intended to assist victims to and helps them sell the flowers. living in Tuzla who have the status of rebuild their lives and access justice.

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struggle to get the medical treatment they International that they refer patients without need. They must have health insurance to health insurance to NGOs, such as Vive access the necessary services and Žene, as the Centre cannot treat them medicines. Most of the women Amnesty without insurance either. The Director International spoke to do not have health of the Centre was unable to provide insurance on the basis of their status as information about the number of survivors civilian victim of war. Some of the women the centre treats and the number referred have health insurance through their to NGOs on this basis, as they do not husbands or as part of other welfare collect this kind of data. Amnesty ©

A entitlements. Others have none at all, International considers that collection of m n

e leaving them with only very limited and such data is crucial for the authorities to s t y

inadequate access to health care. assess and respond to survivors’ needs. I n t e r n a

t “This is our biggest problem [lack of health i o n

a rehabilitation is one of the five recognized insurance]. We try to assist … but in many l forms of reparation to which survivors are cases we have to refuse long-term treatment entitled under international law, and includes to patients who have no insurance. It is so access to medical and psychological care. difficult for us to refuse help. We have a person and we know how to help them, but we cannot.” Survivors continue to suffer serious physical A psychiatrist at the Tuzla Mental Health Centre. and psychological symptoms because they were raped during the conflict. These include Most of the women to whom Amnesty post-traumatic stress, high levels of anxiety, International spoke cannot afford to pay for all sexually transmitted diseases, chronic the medications prescribed for them, whether anaemia, colitis, hypertension, diabetes, they have health insurance or not. severe joint pain, headaches and insomnia. “When I have money I can buy my “I remember everything and I wish I didn’t. medicines. When I don’t have any money, reHaBilitation I remember the torture. They beat me I have to go without.” “We know that the law says we are entitled until I couldn’t get up. They [the soldiers H. to health care, but in reality the centres for detaining her] would come and take me social welfare do not recognize this right. to a room] on my own and leave me there Basic health insurance entitles patients to I have civilian victim of war status but nobody alone with [the perpetrator]. I was there a refund on their two cheapest prescription recognized it. I only got health insurance for three months. I had no idea where my drugs. On average, the women take at when I received the disability pension.” children were. I dream every night about least five prescription drugs per day. They Z. what happened. Even with those pills I have typically pay between 100 -150 Bosnian those dreams.” convertible marks for their The Law on Civilian Victims of War states M., now living in Zvornik drugs, approximately 25 per cent of that civilian victims of war are entitled to their monthly income. support in accessing healthcare, yet all the The medical staff of the Centre for Mental women Amnesty International spoke to Healthcare in Tuzla told Amnesty

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living in limBo None of the social welfare benefits they “I had to return [to Zvornik]. I had nowhere enjoyed in the FBiH, including those to stay and I did not know how to find my attached to the status of a civilian victim way around the bureaucracy. I returned to of war are honoured by the RS authorities. my son’s house. I live with him, his wife and their five-year-old daughter. We can barely The failure of the BiH authorities to survive. We live off my pension [payments prosecute these crimes and end impunity she receives on the basis of her status as a prevents many survivors from going civilian victim of war]. My son and his wife back. Return means the possibility of have no income and no possibility to find a walking down the street and seeing the job. But I have no health insurance here, so people they believe committed the I travel 100 km to Tuzla to see a doctor and crimes against them. Survivors are also attend therapy at Vive Žene.” fearful that return will put them at risk of M., who returned to Zvornik from Tuzla, where she additional trauma and worsen their had been registered as an Internally Displaced already poor psychological health. Some Person. survivors who returned to the RS told Amnesty International that the return The conflict created more than 2 million had exacerbated their symptoms of post- refugees and internally displaced people. traumatic stress disorder. According to the entity laws, internally displaced people are entitled to special “ I live in fear of my life and feel worse every status and certain benefits as long as a day. I cannot sleep. When it is dark, I look “safe and dignified” return to their pre-war out of the window. I am afraid they will come people than return to their communities in homes is not possible. When there are back for us. I can only calm down and the RS, even though their status is not no more obstacles to their return, they survive the day if I take my medicine. I try permanent and they fear that they will soon are expected to go back to their town or not to leave the house, so I do not have to be forced to return anyway. village. At that point they cease to be see them [the perpetrators living in her displaced and lose all related benefits, village.] My psychiatrist told me it would Existing legislation does not provide any including health insurance. They are be better for me if I could go back to Tuzla, alternative for people who cannot, or choose expected to register in the place of return but I can’t.” not to, return. The BiH Ministry for Human and are then dependent on local services. M. Rights and Refugees is trying to address Whether they get health insurance this issue through The Revised Strategy of depends on their employment status or It is for these reasons that many women BiH for the Implementation of Annex VII of being recognized as socially vulnerable. would rather stay in Tuzla as displaced the Dayton Peace Agreement, which was

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adopted in 2010. However, there is no above left : Displaced people from Srebrenica genuine political will to implement the found themselves in this camp at Tuzla airbase Ministry’s initiative or to find another in 1995. Many remained in Tuzla after the war sustainable solution. as they were unable to return to their homes, now in Serb-controlled territory. As a result, many survivors of wartime rape, whether they returned to their place of above : A map drawn by participants of a origin or remain in Tuzla, live in limbo – workshop organized by Vive Žene. It shows the unable to rebuild their lives because they routes that participants followed during the lack access to their basic social and war. They were displaced from their villages by economic rights. At the same time, they all the war, then moved to places of detention and live in fear and insecurity. “safe havens”.

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S

ConClusion n a g

Successive governments in BiH have failed a

Ž e

to acknowledge the rights of civilian victims n e of wartime sexual violence and provide them with access to justice, truth and reparation. Consequently, those local authorities responsible for providing services, even to a limited extent, are woefully under-resourced and ill-equipped to address these women’s needs. In some cases, service providers are also insufficiently trained or lack the political will to do the jobs they are required by law to do.

Almost two decades after the end of the conflict, Amnesty International finds itself once again having to call on the state and entity authorities in BiH to fulfil their international legal obligations to address the survivors’ suffering and guarantee them access to swift justice and full reparation.

reCommenDations Amnesty International recommends that the Amnesty International recommends that the victims of war, as required under international Tuzla cantonal and municipal authorities: state and entity authorities: law, without discrimination on any ground and regardless of where they may live. n Ensure that survivors have access to n Immediately develop and implement the health insurance and to the highest programme for women victims of sexual n Implement The Revised Strategy of BiH standards of medical treatment, including violence in conflict and beyond, which for the Implementation of Annex VII of the medication. should identify and respond to the needs of Dayton Peace Agreement, to ensure that the survivors, and provide them with full and those who cannot or choose not to return to n Increase the resources and capacity of effective reparation. their pre-war homes are given suitable social welfare centres and mental health care alternatives. centres, so they can fully meet the needs of n Ensure that the justice system prioritizes the survivors of sexual violence. the investigation and prosecution of cases of n Allocate adequate resources to NGOs wartime sexual violence and has the full providing psychological support to the n Ensure that disaggregated data on the capacity and resources to promptly, survivors of sexual violence. number of survivors, their social and impartially and effectively do so. economic situation and their needs is collected. n Ensure equal access to rehabilitation and other measures of reparation for all civilian

above : Women hold flowers, which they grow as part of the “Flower Valley” initiative, a psychosocial assistance project by the NGO Snaga Žene.

amnesty international is a global movement of more than 3 million index: eur 63/002/2012 supporters, members and activists in more than 150 countries and english territories who campaign to end grave abuses of human rights. march 2012 amnesty international our vision is for every person to enjoy all the rights enshrined in the international secretariat universal declaration of human rights and other international human peter Benenson house rights standards. 1 easton street london wc1X 0dw we are independent of any government, political ideology, economic interest united Kingdom or religion and are funded mainly by our membership and public donations. amnesty.org