A/HRC/19/58
116. It was reported that among the gravest violations of human rights and serious
breaches of international humanitarian law that occurred during the armed conflict in
Bosnia and Herzegovina, the massacre of ―Korićanskestijene‖ took place on 21 August
1992, during which between 150 and 200 men were extra-judicially executed.
117. According to the sources, over the years, exhumations have been carried out at
Korićanskestijene in order to locate, identify and return the mortal remains of the victims to
their families. It is reported that the authorities have failed to clarify the fate and
whereabouts of all the victims and, in the most likely event of their death, to exhume,
locate, identify and return the remains to the families, as well as to judge and sanction those
responsible for these crimes.
118. On 31 March 2009, the trial against Mr. Zoran Babić, Mr. Milorad Radaković, Mr.
Milorad Škrbić, Mr. Dušan Janković and Mr. Ţeljko Stojnić (known as Case Babićet al.,
No.X-KR-08/549) commenced before the Trial Chamber of the War Crimes Section of the
Bosnia and Herzegovina Court. The accused were indicted in relation to the
Korićanskestijene massacre and formally charged with crimes against humanity pursuant to
article 172 of the Criminal Code of Bosnia and Herzegovina.
119. Allegedly, on 29 May 2008, Mr. Dušan Janković was arrested in Prijedor and placed
in pre-trial detention. However, on 11 November 2009, he obtained the conditional release
pending trial, notwithstanding that representatives of relatives of the victims of the
Korićanskestijene massacre had repeatedly pointed out that there was a risk of flight. Mr.
Dušan Janković was sentenced in his capacity as Commander of the Police Station in
Prijedor and found guilty of crimes against humanity. However, he failed to appear in court
when the verdict was delivered. Since then, he is nowhere to be found and has been
officially declared at large.
120. It is argued that the escape of Mr. Dušan Janković could easily have been avoided
had the necessary precautionary measures been put in place by the competent authorities.
Further, it is alleged that this situation is not an isolated incident, but rather seems to be part
of a common practice. There is concern that the authorities fail to ensure that persons
indicted or convicted for, crimes against humanity or war crimes do not flee from custody.
121. No response was received from the Government during the reporting period
regarding this general allegation.
Observations
122. The Working Group thanks the Government for its report on the implementation of
the recommendations made after its visit to the country in 2010, and hopes to continue with
the cooperation to address all the recommendations. The Working Group looks forward to
work on a follow-up report.
123. The Working Group regrets that no response was received from the Government to
its general allegation sent on 15 May 2009, concerning the Government’s alleged
involvement in a practice of renditions and secret detention (A/HRC/13/31, par. 103-5),
notwithstanding a reminder sent on 26 August 2011. The Working Group also regrets that
no response has been received to the general allegation transmitted on 4 May 2011.
30
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