Campaign for olD Crimes international same suffering JustiCe No justice for survivors of wartime rape iN North-east BosNia aNd herzegoviNa 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. amnesty international march 2012 index: eur 63/002/2012 © V i v e Ž e n e aCting loCally Their testimonies make clear that the denial above : Children take part in an action in Tuzla, 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 Tuzla Canton 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 index: eur 63/002/2012 amnesty international march 2012 4 olD Crimes, same suffering No justice for survivors of wartime rape iN North-east BosNia aNd herzegoviNa A d a p 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 Banja Luka 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 O Zenica R C The country of BiH is divided into two entities: the Federation of Bosnia Sarajevo and Herzegovina (FBiH) and Republika Srpska (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 Bijeljina, Vlasenica, Bosanski Šamac, Not one of the direct perpetrators of the Throughout the war, thousands of Bosnian Bratunac, Srebrenica 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 amnesty international march 2012 index: eur 63/002/2012 olD Crimes, same suffering 5 No justice for survivors of wartime rape iN North-east BosNia aNd herzegoviNa © A m n e s t y I n t e r n a t i o n a l © I for the former Yugoslavia 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 Kalesija, 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.