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08 November 2009

Islamic Community Denied Damages for Ravaged Mosques

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By Kenneth F. Hunt
Impunity Watch Reporter


BANJA LUKA, Bosnia and Herzegovina – The District Court in Banja Luka, Bosnia and Herzegovina overturned a lower court that would have required a Serbian region and town to pay its Islamic community $50 million for repair of sixteen mosques.

The reversal was a victory for the Serb-dominated region Republika Srpska and town of Banja Luka, who otherwise would have been required to pay the Bosnian Muslim community for mosques that were destroyed during the Bosnian War (1992–1995). Slobodan Radulj, the Republika Srpska Attorney General, briefly noted that he “expected [this] decision to overrule the communal court ruling.”

The February 2009 decision by a local magistrate was hailed as a “historic” victory by Bosnian Muslims, a group that has historically been discriminated against in Bosnia. During the war, Muslims were the most deleteriously impacted, sustaining the most casualties and property damages. 90 mosques were damaged in the Banja Luka area alone, while 618 were impacted throughout Bosnia.

Although there were no battles in the town of Banja Luka, sixteen mosques were completely destroyed. Two particular mosques, the Arnaudija and the Ferhadija, built in the 15th and 16th centuries respectively, were incinerated by Serbs during curfews established during the war. Ferhadilja was widely hailed as one of the "finest outside of the Arab world" and was included on the UNESCO list of World Heritage sites.

As a result of mistreatment before and after the war, Muslims have left the Banja Luka area, presumably for good. The estimated current Muslim population is 5,000, just 1/6 of the 30,000 plus Muslims that lived in the area before the war.

Esad Hrvacic, the Islamic community lawyer, noted that he will certainly appeal the ruling to the Republika Srpska region’s supreme court. Moreover, the case may proceed directly to the state constitutional court, since the verdict appears politically biased. Hravcic told the press: “After the [February] ruling, we thought the judiciary in Republika Srpska had improved and become just and unbiased . . . [b]ut it seems that its independence has been jeopardized at higher levels.”

For more information, please see:

Scotsman – Court scraps order to pay for mosques in Bosnia – 7 November 2009

Reuters – Bosnia court annuls ruling on burnt mosques pay-out – 6 November 2009

Top News Network – No compensation for mosques destroyed in Bosnia war – 6 November 2009

World Bulletin – Bosnian Muslims say to appeal "Serb biased ruling" on burnt mosques – 6 November 2009

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