Almost two years after the High Representative in Bosnia and Herzegovina, Valentin Inzko, using the Bonn powers, imposed amendments to the Criminal Code of Bosnia and Herzegovina, which prohibit and punish the denial of genocide and the glorification of war criminals, there is not a single verdict in the Court of Bosnia and Herzegovina. Although we witness the almost daily execution of this criminal act, sanctions are absent.
While still many have not even found the remains of their loved ones and buried them in a dignified manner, the denial of the genocide, they say, hurts more and more. It was this fact that broke the silence of Hasan Muratović, a witness to the genocide in Srebrenica, to speak for the first time, as he says.
“I saw all these events that happened in the forest and in the town of Srebrenica, the murders… I did not give a statement to anyone about what I saw, and now I am going to state everything because I was motivated by this denial and that from individuals. I wonder if if someone of theirs died in these cases, it doesn’t matter what religion or nation they are, would they behave like this because entire families perished here.”
Not even two years after the high representative in Bosnia and Herzegovina, Valentin Inzko, using the Bonn powers, imposed amendments to the Criminal Code of Bosnia and Herzegovina that prohibit and punish the denial of genocide and the glorification of war criminals, there is not a single verdict in the Court of Bosnia and Herzegovina.
“Through the checks we have established that there are neither active nor legally concluded cases for the criminal offense from Article 145a, paragraph 6 of the Criminal Code of Bosnia and Herzegovina before the Court of Bosnia and Herzegovina. Active cases are considered to be the stages after the confirmation of the indictment,” the Court of Bosnia and Herzegovina stated.
Information from the Prosecutor’s Office of BiH that there were still cases related to the criminal offense from Article 145 a of the Criminal Code of BiH, Inciting national, racial and religious hatred, discord and intolerance, and almost none based on the received report on the committed criminal offense, submitted by the police authorities, with evidence, witness statements and everything that is necessary.
“The reports were not received by the police agencies and law enforcement agencies, which have the necessary knowledge to recognize the elements of a criminal offense in the actions of the reported and to collect evidence for these actions that corroborate them. At this point, we do not want to create the impression that the report it cannot work just because it was submitted by citizens or other organizations, we only underline the fact that police and security agencies have more professional knowledge on the mentioned subject.”
Since Inzko’s decision, the Balkan research network has mapped tens of denials of genocide, all war crimes, glorification of war criminals, and everything else covered by those changes.
“The BiH Prosecutor’s Office, which is responsible for the implementation of this law, absolutely systematically refuses to deal with this law,” says Denis Džidić, director of BIRN.
In his speech at the commemoration on the occasion of the 28th anniversary in Srebrenica, High Representative Christian Schmidt announced that he will most likely expand the law on the prohibition of denial of genocide imposed by his predecessor Valentin Inzko.
“We must ensure that those who deny and glorify war crimes cause harm and pain not only to the families of survivors but to all of humanity.”
A team of experts for the fight against extremism, terrorism and hate speech, led by the Bavarian Chief Prosecutor, will work on the education of BiH prosecutors in connection with genocide denial cases. Together with the legal team of the OHR, they met with the chief prosecutor of Bosnia and Herzegovina, Milanko Kajganić.
This is the hope for victims and families of victims of genocide, that denial will not go unpunished. This is hope for all victims of war crimes, for whom there are final judgments, because their denial is also prohibited.
