Questionable Collection of War Victim Compensation: Criminals Transfer Property to Relatives and Friends

The first verdicts of the Court of Bosnia and Herzegovina ordering the payment of monetary compensation to rape victims for the fear and inhuman treatment they suffered during the war period are uncertain as to whether they will have a final epilogue, reported BIRN, as carried by the news agency Patria.

Three individuals convicted of wartime rape, according to non-final verdicts, should pay a total of 56,500 KM to the victims. The same verdicts state that due to their poor financial situation, they are exempt from paying court costs, and they are represented by court-appointed lawyers.

- He has no property, nothing in his name, so it is very difficult (to collect) - said Nevenka Vitomir, the defense attorney for the accused Slavko Savić, who was sentenced to eight years for rape in Vogošća.

Meliha Merdžić from the Association "Woman - Victim of War" previously confirmed to the agency Patria that those accused of rape, before their case reaches a court epilogue, transfer all their property to family or friends, so the fines imposed by the court are paid by the entities or the state, i.e., the citizens of BiH.

- Criminals massively transfer their property to other people. This problem can be solved if there is political will. The state must adopt mechanisms that will enable the confiscation of property from anyone the court punishes in this way, regardless of the fact that the criminal transferred the property to other owners just before the indictment was raised or immediately after - said Merdžić.

Attorney Nedžla Šehić, who filed claims for damages on behalf of the victims, will request that they submit a statement of assets under criminal liability.

- And then they have to write everything, absolutely everything they have - said Šehić.

Adrijana Hanušić, a legal advisor from the Association Against Impunity (TRIAL), said she hopes there will be a positive outcome for the victims. However, she adds that it remains to be seen how and how long it will take.

Seasonal Work

In previous years, victims could attempt to claim compensation for non-material damage in civil proceedings after a final verdict in criminal proceedings. In civil proceedings, victims had to have lawyers, pay costs, and go through the court procedure again. Those who were protected in criminal proceedings had to lose their protective measures even though the Court of BiH decisions stipulated that their identities would remain secret for 30 or more years.

Although there is a legal possibility to resolve the issue of non-material damage during criminal proceedings, the Court of BiH did not do so. The explanation was that, due to the length of the proceedings and efficiency, the injured parties were referred to civil litigation.

At the end of June this year, the Court of BiH changed its previous practice. Thanks to TRIAL BiH, the first monetary amounts were awarded in two verdicts. This NGO stated that this is a precedent that opens the way for other victims to exercise their right to compensation.

Although these are non-final verdicts, it remains uncertain whether the survivors will manage to collect compensation for non-material damage.

Ostoja and Bosiljko Marković, who were found guilty of raping witness S-4 in Kotor-Varoš and sentenced to a total of ten years in prison, must jointly pay her 26,500 marks.

In the second verdict, Savić must pay the injured witness 30,000 marks.

If the Appellate Chamber of the Court of BiH confirms the verdicts, Savić and the Markovićs are obliged to pay the money within 90 days. If they fail to do so, collection will be initiated through enforcement proceedings.

- Enforcement proceedings can be directed at their salaries, pensions if they have any, or real estate, possibly some movable property - said Hanušić.

According to the applicable law, confiscation of items such as a refrigerator or bed is not possible because they are used for basic living needs, nor are other items used for performing work and which are the main source of income.

While they have been ordered to pay non-material damages, the Court of BiH, in non-final verdicts, exempts Savić and the Markovićs from paying court costs due to their poor financial situation.

At one of the hearings, the prosecutor of the Prosecutor's Office of BiH and the lawyers stated that the Markovićs do not have permanent jobs but work seasonally.

When asked whether the Court of BiH verified the financial situation of Savić and the Markovićs – which it is obliged to do before assigning them a court-appointed lawyer – no answer was given. Court-appointed lawyers are assigned due to poor financial situation if the criminal offense carries a minimum sentence of three years in prison or when the interests of justice require it.

   Find a Solution

If it turns out that it is not possible to collect the money through enforcement, said Šehić, lawsuits will be filed against the Republika Srpska (RS). When asked how it is possible to file a lawsuit against the entity, Šehić said that Savić and the Markovićs were members of the Army of Republika Srpska (VRS).

In the RS, the position has been taken that lawsuits filed for compensation for non-material damage before a final verdict are time-barred. However, as explained by TRIAL, in the case of criminal verdicts, it is not possible to invoke the statute of limitations.

Therefore, Hanušić hopes that a solution will be found and compensation secured for the victims, as reported by NAP.