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Sunčica Kovačević and Sara Tuševljak, the two activists, received the lawsuits after they challenged environmental permits granted to the company, and publicly voiced their concerns about the potential irreparable damage to the river and its surrounding ecosystem. 

The Bosnian company BUK, which is fully owned by Belgian company Green Invest, operates one small hydropower plant and plans to construct two additional ones on the Kasindolska river. Earlier this year, BUK filed three defamation lawsuits against the two activists, seeking 7,500 EURO in damages and threatening further legal action if the activists continue speaking publicly on the issue.

“Time and time again, we have seen how powerful corporations try to intimidate those who speak out against them. When faced with public scrutiny, corporations are increasingly filing untrue or abusive claims to silence critical voices and discourage further debate on matters of public importance. Sunčica and Sara are facing these baseless lawsuits simply because they publicly criticized uncontrolled deforestation and soil erosion that they believed occurred as a result of the construction of these hydropower dams on a river near where they grew up” said Eve Geddie, Director of Amnesty International’s European Institutions Office.

Amnesty International has analysed legal documents and other materials related to the cases and concluded that the lawsuits bear  the hallmarks of Strategic Lawsuits for Public Participation (SLAPPs), including aggressive and disproportionate remedies sought by the corporation and an apparent attempt to exploit their economic and political power to stifle the activists.

“Sunčica and Sara are among a growing number of young activists across BiH and the wider region who are standing up against the seemingly unchecked exploitation of natural resources by large [NM1] multinational companies. They are demanding that the authorities properly assess the long-term risks of these energy projects, consult with the people who are directly impacted by them, and exercise greater oversight over development projects, instead of solely prioritizing profit,” said Eve Geddie.

“To add insult to injury, these unfounded defamation claims come from a company from Belgium who has no stake in the environment or life here. They have not spent their life on this river: they haven’t enjoyed its beauty, nor can they see what the construction of small hydropower plants has done to it and the forest around it. We get the impression that the foreign company  claims more rights to the river than we who were born and live here,” said Sunčica Kovačević, one of the activists. 

“Green Invest and their subsidiary in Bosnia should immediately withdraw these lawsuits, and allow people to freely debate the impact of their hydropower plants on the local community. The authorities in Bosnia and Herzegovina must guarantee a safe and enabling environment in which environmental defenders can express their concerns without fear of legal reprisals, including by protecting activists and journalists from this vexatious use of the law,” said Eve Geddie.

Censorious lawsuits a barrier to public participation

SLAPPs are lawsuits that seek to silence or intimidate those who publicly criticize or expose the wrongdoing of those in power, including governments and corporations. SLAPPs  unduly restrict the rights to freedom of expression, peaceful assembly and association and discourage the public from exposing wrongful conduct by those in power.

SLAPPs usually seek unfounded or disproportionate damages, with the intention of intimidating or silencing critical voices on issues of public interest, such as the environment. SLAPPs are increasingly being used to muzzle the work of human rights defenders and journalists across Europe.

“The lawsuits that Sunčica and Sara are facing fit within a growing trend of powerful corporations and officials misusing the justice system to intimidate human rights defenders and shield themselves from public scrutiny. SLAPPs can have a potentially devastating effect on public debate and create an increasingly hostile environment for anyone who speaks out on issues of public interest, including journalists, human rights defenders and civil society organizations,” said Eve Geddie.

Background

In an effort to replace its old coal-fired power stations, BiH has embraced the construction of hydropower plants. Encouraged by credits available for renewable projects, national authorities have offered generous subsidies to encourage further investment in the sector.  Laws protecting the environment, however, are either weak or poorly enforced and, combined with weak institutions, this led to the unchecked expansion of projects that prioritize profits over the environment.

Sunčica Kovačević and Sara Tuševljak  raised concerns about the environmental impact of BUK/Green Invest’s hydropower plants in media appearances. Having observed what they believed was excessive deforestation in the protected area and soil erosion associated with the construction of access roads for the hydropower plants, the activists questioned the legality of environmental permits that were issued  to BUK by the authorities.

Sunčica Kovačević and Sara Tuševljak form part of a group of activists and local community members that has been objecting to the construction of small hydropower plants on the Kasindolska river since 2017. The group has organized peaceful protests, press conferences, a civil initiative that gained more than 2,000 signatures against the construction of the small hydropower plants, and a photo exhibition showcasing the river and the anticipated implications of further hydropower construction. Their campaign gained support from the mayors of all three affected municipalities.

SLAPP suits are increasingly perceived as a serious threat to the rights of freedom of expression and peaceful assembly in Europe. Amnesty International welcomes ongoing efforts at the European Union and the Council of Europe to adopt initiatives to prevent and combat the effects of SLAPPs. These initiatives should set a minimum standard for protection against SLAPPs, such as by ensuring that courts can quicky identify and dismiss unfounded or abusive lawsuits early in the proceedings; prescribe sanctions for litigants who abuse the law with the intention of silencing or intimidating critical voices; and provide procedural safeguards, including free legal assistance and effective remedies to the victims of SLAPP suits.

Over 140 national and international organisations have recently expressed their support for Sunčica Kovačević and Sara Tuševljak and their concerns over the baseless defamation lawsuits in an open letter to the Belgian Ambassador to BiH and the Head of the European Union Delegation in the country.

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“Today’s decision is a historic moment which concludes a decades-long search for justice for the tens of thousands of victims of the armed conflict in Bosnia and Herzegovina.

Today’s decision is a historic moment which concludes a decades-long search for justice for the tens of thousands of victims of the armed conflict in Bosnia and Herzegovina

Nils Muižnieks, Amnesty International

“Ratko Mladić has been found guilty of genocide, crimes against humanity and war crimes, the most serious crimes under international law committed on European soil since the Second World War, and this verdict sends a powerful message around the world that impunity cannot, and will not, be tolerated.

It is important to remember that thousands of cases of enforced disappearances remain unresolved

Amnesty International

“Whilst this sentence will bring some closure to the surviving victims and their relatives, the physical and psychological scars will remain. It is important to remember that thousands of cases of enforced disappearances remain unresolved, and many thousands of victims and their families continue to be denied access to justice, truth and reparation.

It is now vital that the national courts take the baton and step up their efforts to bring all those suspected of criminal responsibility to justice in fair trials

Amnesty International

“The International Criminal Tribunal for the Former Yugoslavia has helped bring a measure of justice to thousands of victims of the armed conflicts in former Yugoslavia and demonstrated what is possible when the international community comes together. It is now vital that the national courts take the baton and step up their efforts to bring all those suspected of criminal responsibility to justice in fair trials.”

Background

Ratko Mladić was sentenced to life imprisonment by the International Criminal Tribunal for the former Yugoslavia (ICTY) in November 2017, with The Hague court recognising his individual criminal responsibility as Commander of the Bosnian Serb Army, and his participation in joint criminal enterprises, including to terrorise the population of Sarajevo and eliminate Bosnian Muslims in Srebrenica. 

The Appeals Chamber confirmed the original verdict pronounced by ICTY which found Mladic guilty on 10 of 11 counts, including genocide and persecution on ethnic and religious grounds of Bosnian Muslims and Croats, as well as extermination, murder, deportation and other inhumane acts. He was also convicted of murder, terror, unlawful attacks on civilians and the taking of hostages. Mladić was acquitted of the charge of genocide in six of municipalities in BiH in 1992.

The Appeals Chamber rejected the appeals filed by Mr Mladić and the Prosecution.

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The climate crisis does not respect borders and our laws and policies must reflect this

Ashfaq Khalfan, Amnesty International's Law and Policy Director.

The Court will decide on whether it agrees to proceed with the case filed not only against Portugal, where the applicants live, but also 32 other countries – which comprise of EU members as well as Norway, Russia, Turkey, Switzerland, UK and Ukraine.

“The climate crisis does not respect borders and our laws and policies must reflect this. To ensure justice for people most affected by heatwaves, drought and forest fires – particularly children – states must be required to tackle climate change and its impacts at home and abroad,” said Ashfaq Khalfan, Amnesty’s Law and Policy Director.

“Governments can no longer act as if people outside their borders do not matter when they design their climate policies.”

The crowdfunded case, Duarte Agostinho and others v. Portugal and others, in which the group is intervening, has been brought by six youth from Portugal who are accusing 33 European countries of violating their human rights, including their right to life, by not taking adequate steps to limit greenhouse gas emissions.

To ensure justice for people most affected by heatwaves, drought and forest fires states must be required to tackle climate change and its impacts at home and abroad

Amnesty International

“Those affected by climate change should be allowed to make claims against governments other than their own. If governments are only required to act on the rights of people living within their borders, it is easier for them to ignore the impacts on people in the most affected countries and be more lethargic in their work to reduce greenhouse gas emissions” said Professor Mark Gibney, of the University of North Carolina Asheville.

If allowed to proceed, the case could set an important precedent, clearing the way for other climate lawsuits based on human rights arguments.

“This case is also important to ensure governments are required to design climate policy in a way that recognises the particular climate risks to children and take the ambitious climate protection measures needed to protect their rights,” said Gamze Erdem Türkelli, of the University of Antwerp. 

For more information contact Ashfaq Khalfan, Twitter: @ashfaqkhalfan

Gamze Erdem Türkelli, Twitter: @GamzeErdmTrklli

Amnesty International press office: Twitter @StefSimanowitz

For more details about the intervention, see:https://www.etoconsortium.org/en/news/news/first-climate-change-case-at-the-european-court-of-human-rights-justice-must-not-stop-at-borders-182/ . The submission is available here.

For more information on the case, see http://hudoc.echr.coe.int/eng?i=001-206535 and https://youth4climatejustice.org/the-case/.

BACKGROUND

The six applicants in this case, Cláudia Agostinho (21), Catarina Mota (20), Martim Agostinho (17), Sofia Oliveira (15), André Oliveira (12) and Mariana Agostinho (8), are suing the 27 European Union member states, as well as the UK, Switzerland, Norway, Russia, Turkey and Ukraine for failing to make deep and urgent emissions cuts to safeguard their future.

The group intervening today as a third party in the case is made up of members of the Extraterritorial Obligations Consortium which advocates for rights beyond borders.

It includes: Amnesty International; the Center for Legal and Social Studies (CELS); the Center for Transnational Environmental Accountability (CTEA); the Economic and Social Rights Centre (Hakijamii); FIAN International; the Great Lakes Initiative for Human Rights and Development (GLIHD); the University of Antwerp Law and Development Research Group; Prof. Dr. Mark Gibney; Dr. Gamze Erdem Turkelli; Dr. Sara Seck; Prof. Dr. Sigrun Skogly; Dr. Nicolas Carrillo-Santarelli; Prof. Dr. Jernej Letnar Cernic; Tom Mulisa; Dr. Nicholas Orago; Prof. Dr. Wouter Vandenhole; and Jingjing Zhang

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In a statement issued today, leading human rights organizations, Amnesty International, Jesuit Refugee Service Europe, Médecins du Monde Belgique and Refugee Rights Europe have called for immediate humanitarian support to address the current emergency as well as durable institutional solutions to meet the needs of people transiting through the country.

Accommodation is available to house most of the people currently sleeping rough in bitterly cold temperatures in Bosnia and Herzegovina. What is lacking is the political will to make that happen. The authorities at all levels must immediately provide suitable shelter and assistance to those in need.

Eve Geddie, Director of Amnesty International’s European Institutions Office

No long-term solutions despite €88 million of EU assistance

The EU has provided over €88 million in assistance to Bosnia and Herzegovina to strengthen its migration management capacity over the past three years. Despite this, the country has failed to identify suitable facilities for the accommodation of migrants and asylum-seekers, assume full responsibility for the management of existing facilities or to provide minimal guaranteed support to those stranded in the country.

The EU now has to work with the authorities in Bosnia and Herzegovina on finding systemic, long term solutions to meet the needs of people on its territory and ensure that this situation does not reoccur yet again next winter.

Eve Geddie

“The EU’s responsibility is clear – the current humanitarian crisis is also a consequence of EU’s policy of fortifying its borders that has left thousands of people stranded on its periphery or in the neighbouring countries.”

Lipa unsafe, as temperature plummets

Many of those at risk were housed in a temporary makeshift camp in Lipa, northwest Bosnia, which was shut down on 23 December. A fire broke out during closure, converting the area into an uninhabitable wasteland. Over the weekend, the authorities installed dozens of heated tents on the ground, but close to 400 people remain in makeshift shelters despite heavy snow and the temperatures that are forecasted to plummet in the coming days.

“Without access to running water, adequate sanitation or heating, and significant risks to people’s health and safety, Lipa remains unsuitable as a permanent accommodation site.

Outside of Lipa, many people, including families with children, continue to seek refuge in parks, abandoned houses, defunct factories, and forests close to the border with Croatia. They are in desperate need of shelter and humanitarian assistance as they face dire winter conditions. 

“Ultimately, EU’s support for humanitarian crises will ring hollow unless it changes the policies that cause them. The EU must create more genuine opportunities for safe and legal ways for those fleeing conflict, persecution or poverty to reach Europe,” said Eve Geddie.

Background

Bosnia and Herzegovina: Long-term solutions needed to end recurring humanitarian crisis

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“The Bosnian authorities’ decision, which has left hundreds of people to roam the streets and forests looking for shelter whilst a fully equipped centre sits empty, defies belief.

The Bosnian authorities’ decision, which has left hundreds of people to roam the streets and forests looking for shelter whilst a fully equipped centre sits empty, defies belief

Jelena Sesar, Amnesty International

“As temperatures drop, the authorities should be taking steps to ensure refugees and migrants are able to cope this winter, rather than playing politics with their lives. To do so is not only inhumane, but could have catastrophic consequences.

“The European Commission must work with the authorities in Bosnia and Herzegovina to urgently find a solution to accommodate and provide humanitarian relief to people who are stranded in the country.

As temperatures drop, the authorities should be taking steps to ensure refugees and migrants are able to cope this winter, rather than playing politics with their lives

Jelena Sesar, Amnesty International

European leaders cannot call for ‘No more Morias’, whilst at the same time ignoring the plight of desperate people sleeping under open skies cut off from water, food and medical support on the EU’s doorstep.”

Background

Bosnian special police emptied the camp late on Wednesday and bussed residents to the outskirts of Una-Sana Canton, abandoning them there to fend for themselves. While some people managed to find accommodation in Lipa, a dangerously overcrowded and inadequate facility nearby, others were left to face near freezing temperatures outdoors. There are already close to 3,000 migrants and asylum-seekers who are sleeping rough in the area.

Around 10,000 migrants and asylum-seekers are currently stranded in Bosnia and Herzegovina, the vast majority in Una-Sana Canton. While most are housed in UN-operated centres, around 3,000 are forced to sleep outside in squats, abandoned buildings and streets.

In September, the authorities ordered the closure of two large camps operated by International Organization for Migration (IOM) and passed sweeping measures that included the complete prohibition of new arrivals into the Canton. In addition, migrants and asylum-seekers are banned from using public transport and taxis, they are also banned from gathering in public places and it is now prohibited to provide them with private accommodation.

For more information or to arrange an interview contact: Amnesty International press office press@amnesty.org / +447936766445 or +44 2030365599 

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On the 19 August, the Coordination Committee on Migration in Una-Sana Canton adopted measures to severely restrict freedom of movement of refugees, migrants and asylum-seekers not accommodated in official reception centres. Roadblocks were put in place to intercept buses in order to inspect passengers. Vigilante groups have been doing the same.

This decision to further limit the rights and freedoms of already marginalised people on the move is not only unlawful, but potentially reckless

Jelena Sesar, Amnesty International

“This decision to further limit the rights and freedoms of already marginalised people on the move is not only unlawful, but potentially reckless,” said Amnesty International’s Balkans researcher Jelena Sesar.

“The authorities should be working to find solutions to accommodate and support several thousand people outside of official reception centres, rather than targeting them and leaving without protection and at a mercy of vigilante groups.”

The measures imposed a full crackdown on migrants and asylum-seekers outside of official reception centres in Una-Sana Canton and activists who support them.

Measures include the complete prohibition of new arrivals into the Canton, ban on transporting migrants and asylum-seekers including in public transport and taxis, ban on gathering of migrants and asylum-seekers in public places and prohibition of providing them with private accommodation.

Police have set up roadblocks to prevent new arrivals, raided squats and private houses and forcibly removed migrants occupying them without providing alternative accommodation. Meanwhile, self-organised vigilante groups have intercepted buses and pulled off migrants and asylum-seekers leaving many of them, including families with children, stranded in administrative no-man’s land.

Vigilante groups have intercepted buses and pulled off migrants and asylum-seekers leaving many of them, including families with children, stranded

Amnesty International

“While Una-Sana Canton has had to bear the brunt of pressure due to number of migrants and asylum-seekers present, arbitrary measures that restrict rights and freedoms of people will result in further violations”, said Jelena Sesar.

“Without prompt action of authorities at all levels, including Council of Ministers, to identify suitable facilities in all parts of the country to accommodate migrants and asylum-seekers, Bosnia is facing an imminent humanitarian crisis. These restrictive measures that target an entire group are disproportionate and discriminatory and should be immediately reversed.”

For more information or to arrange an interview contact: press@amnesty.org / +447936766445 or +44 2030365599 

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People’s rights are being violated by governments in Europe and Central Asia, who are cracking down on protests and seeking to erode the independence of the judiciary to avoid accountability, Amnesty International said today as it published its annual review of human rights in the region.

The organization praised those brave people who took to the streets to defend their own and others’ rights but warned that governments continue to perpetrate human rights violations with impunity across the region.

In 2019, people in Europe and Central Asia were threatened, intimidated, prosecuted, subjected to excessive use of force by police, and suffered discrimination. However, the grassroots mobilization of courageous people who dared to stand up and hold states accountable provides a ray of hope for the future,

Marie Struthers, Europe Director at Amnesty International

Independence of the judiciary under threat

In Poland, the independence of the judiciary – essential for ensuring fair trials and upholding human rights – was threatened as the ruling party took bolder steps to control judges and courts.

Judges and prosecutors found themselves at risk of disciplinary proceedings for speaking out in defence of the judiciary and risked becoming victims of human rights violations themselves. Many were subjected to smear campaigns on state and social media.

Concerns also mounted about the independence of the judiciary in Hungary, Romania and Turkey. Judges in Hungary came under attack from multiple directions as the government continued its attempts to undermine the independence of the judiciary. In May, the European Commission warned Romania that it should address issues including interference with judicial independence by the executive, or potentially face having some of the member state’s rights suspended for persistent breach of the EU’s founding values. In Turkey, a judicial reform package was passed by Parliament. The reforms failed to address the extreme political pressure on the judiciary or to end unfair and politically motivated prosecutions and convictions.

Freedom of peaceful assembly

Independent courts were vitally needed in 2019 to safeguard individual freedoms as state overreach came to the fore, with restrictions on protests in France, Poland and Turkey as well as prosecution of protesters in many more.

Major protests took place in numerous countries across Europe including France, Austria, Poland, Romania, the Czech Republic and Hungary, with people protesting against austerity measures and corruption, and in defence of social justice and the independence of the judiciary. Protests and strikes urging governments to take measures against climate change became a regular occurrence in major European cities. 

Many states repressed the demonstrations through measures that breached the rights to freedom of peaceful assembly and expression. In France, Austria and Spain, hundreds of people were injured by the police during protests. Police resorted to excessive force in France, and violently disrupted peaceful gatherings in Turkey where blanket bans on gatherings were often used to deny the right to freedom of peaceful assembly. States frequently failed to hold their security forces accountable for violence perpetrated during the protests.

Some judges adjudicating in cases relating to protests were harassed or demoted by the Polish authorities.

In Moscow, and other Russian cities, the largest numbers of peaceful protesters seen in many years stood up against the authorities’ refusal to allow opposition candidates to take part in the city elections. The resultant crackdown led to criminal convictions for two dozen participants, simply for exercising their right to protest.

“The reprisals against participants of mass protests in Moscow kick-started an unprecedented solidarity campaign that signals the further awakening of human rights awareness and people power in Russia,” said Marie Struthers.

Migration

European states continued to avoid accountability for human rights violations resulting from their migration policies by “outsourcing” border control to countries with questionable human rights records. In 2019, migration policies continued to prioritise the protection of borders over the protection of human lives. Despite the deteriorating security situation there, European countries continued cooperating with Libya to contain migrants and asylum-seekers in the country.

In November, the Italian government extended its agreement with Libya on migration for a further three years, despite continuing evidence pointing to systematic human rights violations including torture in Libya’s detention centres.

Reports of grave human rights violations against asylum-seekers and refugees, and their continued denial of access to protection, failed to deter the EU from partnering with Turkey to curb migration via the 2016 EU-Turkey Deal. Ahead of Turkey’s incursion into north-eastern Syria in October, Amnesty International conducted dozens of interviews which suggested hundreds of Syrians were likely forcibly deported from Turkey between May and September, under the guise of “voluntary returns”. The deal is also causing unprecedented overcrowding of the camps in the Aegean islands, where tens of thousands of people live in destitute conditions.

Human rights defenders under attack

Civil society, journalists and others responsible for holding governments to account faced pressure in 2019.

“Human rights defenders, journalists, NGOs and other people campaigning for a fairer and more just society were all at the sharp end of government crackdowns in 2019,” said Marie Struthers.

Their work to hold authorities to account, will only be more vital during the COVID-19 crisis and in its aftermath. The humanity and solidarity they show towards the most marginalized members of our societies are needed now more than ever, and will continue to be essential during the post-COVID-19 recovery.

Marie Struthers

For more information or to arrange an interview, contact Amnesty International press office on press@amnesty.org +32 2 548 27 73 or +32 483 680 812

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“Forcing people, many of whom are already vulnerable, into a hastily set up remote tent facility without ensuring adequate access to water and sanitation, spaces to self-isolate and accessible medical care is inhumane and will put people at greater risk of infection and preventable deaths.

Confining people in potentially harmful conditions cannot be justified on the grounds of public health

Massimo Moratti, Amnesty International

“Confining people in potentially harmful conditions cannot be justified on the grounds of public health. In the context of the COVID-19 pandemic, the authorities in Bosnia have a responsibility to address the needs of all marginalised groups and ensure humane living conditions, including access to water, sanitation and hygiene, as well as appropriate medical care, for all people, including migrants and asylum-seekers.

“Restrictions on the rights of migrants and asylum-seekers in the context of the COVID-19 public health emergency have to be lawful, necessary and proportionate and should not discriminate against or put at risk already marginalised people. These measures fail on all counts.”

Restrictions on the rights of migrants and asylum-seekers in the context of the COVID-19 public health emergency have to be lawful, necessary and proportionate

Massimo Moratti, Amnesty International

Background

Thousands of refugees, migrants and asylum-seekers trying to make their way into Europe are currently stranded in Una-Sana Canton in the north-west of Bosnia and Herzegovina. While about 4,100 are accommodated in the temporary reception facilities managed by International Organization for Migration (IOM), an estimated 3,000 are sleeping in squats in abandoned buildings or sleeping rough and are now at risk of being relocated to the Lipa camp. 

Following declaration of emergency measures to prevent the spread of COVID-19 across BiH, the local authorities in Una-Sana Canton ordered a relocation of thousands of refugees, migrants and asylum-seekers currently sleeping rough on the territory of the canton into a temporary camp in the village of Lipa which is currently in preparation.

In the past, the authorities in Una-Sana canton failed to provide adequate conditions for accommodation of refugees and migrants. The controversial Vucjak tent settlement built on a former landfill and close to a minefield from the Bosnia’s 1992-1995 war, was finally closed in December and over 600 people transferred elsewhere following significant pressure by human rights groups and international community.

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“Today’s decision, upholding Radovan Karadžić’s conviction on genocide, crimes against humanity and war crimes, sends out a powerful message to the world. There can no longer be a shred of doubt that he is guilty of the most serious crimes under international law carried out on European soil since the Second World War.

Today’s decision, upholding Radovan Karadžić’s conviction on genocide, crimes against humanity and war crimes, sends out a powerful message to the world

Massimo Moratti, Amnesty International

“This verdict demonstrates that war criminals cannot hide from justice and that impunity will not be tolerated. It also offers a measure of justice for Karadžić’s victims, who have waited more than 24 years for this day.

There can no longer be a shred of doubt that he is guilty of the most serious crimes under international law carried out on European soil since the Second World War

Massimo Moratti, Amnesty International

“We should not forget, however, that almost two-and-a-half decades after the Bosnian War, thousands of cases of enforced disappearances are still unresolved, with a disturbing lack of political will still blocking access to justice, truth and reparation for victims.

“The responsibility is now on local authorities in Bosnia and Herzegovina and the region to take action to finally close this dark chapter of Balkan history.”

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To understand where the priorities of European governments lie, one only needs to follow the money. Their financial contribution towards humanitarian assistance is dwarfed by the funds they provide for border security

Massimo Moratti, Amnesty International

Pushed to the edge: Violence and abuse against refugees and migrants along Balkan Route details how, by prioritizing border control over compliance with international law, European governments are not just turning a blind eye to vicious assaults by the Croatian police, but also funding their activities. In so doing, they are fueling a growing humanitarian crisis on the edge of the European Union.

“To understand where the priorities of European governments lie, one only needs to follow the money. Their financial contribution towards humanitarian assistance is dwarfed by the funds they provide for border security which includes equipping Croatian border police and even paying their salaries,” said Massimo Moratti, Director of Research for Amnesty International’s Europe Office.

“Meanwhile people fleeing war and persecution are beaten and robbed by the Croatian police and forcibly pushed back to legal limbo, left at the mercy of a failing asylum system in Bosnia and Herzegovina.”

Currently around 5,500 women, men and children are trapped in two small Bosnian towns near the Croatian border, Bihac and Velika Kladusa, living in defunct former factories without basic amenities. Bosnia and Herzegovina cannot offer them adequate protection or living conditions and the improvised camps are unhygienic, lacking hot water, medical care and sufficient food.

One Afghan mother told Amnesty International: “We don’t have enough food to feed the whole family, especially the children. They are always hungry.”

Bureaucratic obstacles, inadequate legal assistance and limited administrative capacity mean that potential asylum-seekers are unlikely to get their asylum claims processed in Bosnia and Herzegovina. Most attempt to proceed to other European countries.

We don’t have enough food to feed the whole family, especially the children. They are always hungry

Afghan asylum seeker

This journey is not easy. Having previously entered the EU through Greece and Bulgaria and having been abjectly failed by the asylum system there, people exit the EU to continue the journey along the Balkans. In order to reach Slovenia or Italy, where the EU Schengen free movement regime begins, they have to navigate Croatia’s dense forests, fast moving rivers and, in some places, live minefields.

In the first ten months of 2018, at least 12 people drowned in the Western Balkans, most of them trying to cross the border from Croatia to Slovenia. Dozens more died in other ways. One young woman from Afghanistan told Amnesty International how, after seeing a bear in a forest in Croatia, a woman she was travelling with miscarried. “She got so scared that she delivered a stillborn baby. She was six months pregnant.”

Those attempting the journey are frequently subjected to deliberate pushbacks and collective expulsions – often accompanied by violence and intimidation – at the border between Croatia and Bosnia and Herzegovina, without having their asylum claims considered.

They drove us to the border with Bosnia. They made us get out of the car one-by-one and started beating us with batons

A young asylum seeker from Gaza

Nearly all in the camps in Bihac and Velika Kladusa had been pushed back into Bosnia and Herzegovina from Croatia or Slovenia and nearly one third of those interviewed had experienced violence at the hands of the Croatian police. Many described how they were beaten, had their documents destroyed and possessions stolen in what appears to be a systematic and deliberate policy by Croatian authorities designed to deter future attempts to enter the country.

One young man from Gaza told Amnesty International what happened when he was caught by police with nine others. “They drove us to the border with Bosnia. They made us get out of the car one-by-one and started beating us with batons,” he said.

He then described how they were sprayed in the face with what he thought was pepper spray: “I couldn’t see anything. My eyes were burning. Then they told us to go and never come back to Croatia”.

Sami from Algeria told Amnesty International how he and a group of other men were taken one-by-one, and made to stand in a circle of masked policemen who beat them with batons and a baseball bat. “Then they took our money and the phones and told us to go towards Bosnia,” he said.

Another man described how Croatian police took their shoes, warm clothes and sleeping bags and forced them to walk barefoot for kilometres through freezing rivers and streams towards the Bosnian border. Such returns regularly took place at night and in remote areas outside of regular border crossings.

Those caught in Italy and Slovenia are often subject to chain pushbacks, summarily handed over to Croatian police and forcibly expelled back to camps in Bosnia and Herzegovina without having their asylum claims considered.

As the allegations of violent pushbacks on the borders have mounted, Croatian authorities have increasingly discouraged public scrutiny of country’s migration practices. Attempts by Croatian public institutions to oversee migration practices at the border have been blocked and organizations working on migrant and refugee rights have been targeted by the authorities.

As temperatures rise and the snows melt, the number of people attempting to cross Croatia will swell and action must be taken to avoid a humanitarian crisis in on the edge of the EU

Massimo Moratti, Amnesty International

NGO volunteers have been harassed, held for hours by police without formal charges and threatened with criminal prosecution. The Ministry of Interior has even accused some NGOs of assisting people to enter Croatia irregularly. This has had a chilling effect on those working to support refugees.

In spite of these appalling practices at the border, the European Union has continued to allocate significant funds to assist Croatia in its border security infrastructure. The EU has also wilfully ignored the failures of the European asylum system that make these journeys necessary.

“As temperatures rise and the snows melt, the number of people attempting to cross Croatia will swell. But with Bosnia and Herzegovina ill-equipped to handle the arrival of an increasing number of people seeking protection, action must be taken to avoid a humanitarian crisis in on the edge of the EU,” said Massimo Moratti.

“European leaders can no longer wash their hands of responsibility for the continued collective expulsions and violent pushbacks along the Balkan route that are the result of their determination to fortify EU borders, no matter what the human cost is.”

Background

The route through Bosnia and Croatia has become increasingly popular since Hungary erected fences along its borders and engaged in violent pushbacks making Serbia and Hungary increasingly impenetrable.

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“Today – a week after landmark sentencing of Ratko Mladic – judges at the tribunal have brought down their gavel for the last time ending an historic endeavour in international justice. It is now vital that the national courts take the baton from the ICTY and step up their efforts to bring remaining perpetrators to justice.

“The International Criminal Tribunal for the Former Yugoslavia has helped bring a measure of justice to thousands of victims of the armed conflicts in former Yugoslavia and demonstrated what is possible when the international community comes together.

“The court has been a beacon sending out a powerful message around the world that impunity cannot and will not be tolerated.”

Background:

Today the tribunal confirmed the sentences against six former Bosnian Croat political and military officials is the final verdict before it shuts down in December. The court was established in 1993 and has prosecuted some of the most important war crimes cases in Europe since the Nuremburg trials. It has indicted 161 people, none of whom remain at large today.

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