ICTY Appeals Chamber Acquits Bosnian Muslim; Italy to Fingerprint Ethnic Group; UK's Extension of Terrorist Detention Continues to Spark Protests; Belarus Bomb Injures 50

By Sarah Benczik
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands – The Appeals Chamber of the International Tribunal for the Former Yugoslavia (ICTY) on Thursday (3 July 2008) acquitted Naser Oric of alleged crimes committed in Srebrenica.

Oric was convicted in an ICTY trial in June 2006 for having failed to prevent crimes committed in Srebrenica including the deaths of six civilians, cruel treatment of prisoners and the destruction of 12 Serb villages.  Oric was the Bosnian Muslim commander of the Srebrenica forces in 1992-1993.

Appeals Chamber presiding judge Wolfgang Schomberg stated, “The appeals chamber has no doubt that grave crimes were committed against Serbs detained in Srebrenica . . . However, proof that crimes have occurred is not sufficient to sustain a conviction of an individual for these crimes."

The judgment has received sharp criticism from Serbians, many of whom believe ICTY favors Bosnian Muslim causes.  Serbian Srebrenica Commander Radoslav Krstic is currently serving a 35 year sentence, and Serbian General Ratko Mladic, charged with genocide for the Srebrenica killings and still at large, is one of ICTY’s most wanted.   

The Srebrenica area is perhaps one of the most notorious sites of grave crimes committed during the Balkan war.  According to Serbians, more than 3,000 Serbs were killed in the area from 1992-1993.  Bosnian Muslims claim that, perhaps in retaliation, more than 8,000 Bosnian Muslims were killed after the town fell to Serb forces in 1995.

For more information, please see:

AP – UN appeals court acquits Bosnian Muslim war hero – 3 July 2008

Adnkronos International Italia – Hague war crimes court acquits Srebrenica Muslim commander – 3 July 2008

Southeast European Times – Serbs angered by ICTY overturn of Oric conviction – 4 July 2008

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ROME, Italy – Italy’s plan to fingerprint all Roma and Sinti people living in camps in Italy has raised sharp criticism from Human rights groups and Italian political leaders alike.

Italian Prime Minister Silvio Berlusconi has defended the census plan as necessary to guarantee the security and safety of Italian citizens. Italian Interior Minister Roberto Maroni said the census would put an end to illegal camps, and that children would also be fingerprinted "to prevent phenomena such as begging," adding that in many cases, people are living in camps in "sub-human conditions where children are forced to live with rats."

According to the BBC, Amos Luzzatto, the former president of Italy's Union of Jewish Communities, said the measure was a form of "ethnic surveying":  "You start like this then you move on to the exclusion from schools, separated classes and widespread discrimination," he said.  Recalling how Jews, Roma and other minorities were targeted during Italy's years of fascism, he accused the country of having "lost its memory."

Former political leader Rosy Bindi said fingerprinting the children would lead to an “ethnic register.”
Other organizations, including UNICEF and a Catholic human rights group, have raised similar concerns. 

The Roma and Sinti people, also known as “nomads” or “gypsies,” currently live in about 700 camps throughout Italy.  It is estimated that these camps are populated by more than 160,000 people, although an exact number is unknown.  It is also estimated that well over half those living in the camps are Italian citizens, while about a fifth of the population are immigrants from neighboring countries in Eastern Europe.

For more information, please see:    

BBC – Italy Fingerprinting plan criticized – 26 June 2008

Deutsche Welle – Italy Attacked Over Plan to Fingerprint Roma and Sinti – 4 July 2008

International Herald Tribune – Italy assailed over plan to fingerprint Gypsies – 3 July 2008

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LONDON, United Kingdom - The UK House of Lords will this week consider extending the 28-day pre-charge detention of terrorism suspects to 42 days.

The extension, originally proposed by UK Home Secretary Jaqui Smith in 2007, was passed by the UK House of Commons on 11 June 2008 in a 315-306 vote.  The 42-day detention applies to suspects arrested in cases of “grave and exceptional” terrorist threats.

While the amendment has been supported by political leaders including UK Prime Minister Gordon Brown and former PM Tony Blair, it has also met strong opposition from rights groups and political leaders such as former UK Attorney General Lord Goldsmith and European rights commissioner Thomas Hammarberg.  The passage of the amendment through the House of Commons led one member, David Davis, to resign. 

Last week, Human Rights Watch joined the opposition voices, issuing a report condemning the 42-day detention as “unnecessary, disproportionate and counter-productive.”

Its report found the current 28-day period "already violates the right to liberty under the European Convention on Human Rights and the International Covenant on Civil and Political Rights," and that cautioned that "…counter-terrorism measures that violate human rights undermine a government's moral legitimacy and damage its ability to win the battle for 'hearts and minds' that prime minister Gordon Brown has acknowledged to be central to long-term success in countering terrorism."

For more information, please see:

BBC – David Davis resigns from Commons – 13 June 2008

The Guardian – Human rights body condemns counter-terrorism bill – 4 July 2008

The Jurist – UK PM defends 42-day terrorism detention bill, security proposals – 17 June 2008

The Jurist – UK Commons approves 42-day terrorism detention without charge limit - 11 June 2008

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MINSK, Belarus – The Belarus Health Ministry has estimated that over 50 people were injured by a homemade bomb that exploded at an Independence Day concert in Minsk.

The bomb exploded at 12:30 a.m. near the Hero City World War II monument in Minsk during an all-night concert which Belarus President Alexander Lukashenko was attending. Thus far there are no reported claims of responsibility, and it is not clear whether the attack was an assassination attempt.

While three people are in “grave condition,” there are currently no casualties from the explosion.  Police later discovered another unexploded bomb in the vicinity believed to be identical to the one detonated.  The homemade bombs were packed with hardware, and doctors have reported removing nuts and bolts from victim’s bodies.

President Lukashenko has announced that he does not believe the bomb was aimed at him and that he would not use the bombing as an excuse to get tougher on the opposition forces: “We do not plan a policy of tightening the screws after the incident,” he said.

The Independence Day holiday commemorates the day in 1944 when the Soviet army drove Nazi forces out of Minsk. According to the AP, prior to Lukashenko's taking power, Belarus had celebrated Independence Day on July 27 to mark its 1990 declaration of sovereignty from the Soviet Union.

For more information, please see:

AP – Belarus bomb explosion wounds more than 50 – 4 July 2008

AP – Belarus president: Bomb not aimed at me – 5 July 2008

The Washington Post – Bomb Blast Near President – 4 July 2008