BOSNIA - BIH HELSINKI ERRONEOUSLY ATTACKS

C O N F I D E N T I A L SARAJEVO 000348 SIPDIS SIPDIS E.O. 12958: DECL: 02/12/2017 TAGS: PGOV PHUM PINR PTER BK SUBJECT: BOSNIA - BIH HELSINKI ERRONEOUSLY ATTACKS CITIZENSHIP REVIEW COMMISSION REF: A. SARAJEVO 199 ¶B. 06 SARAJEVO 2072 ¶C. 06 SARAJEVO 1748 ¶D. 06 SARAJEVO 890 Classified By: Classified by DCM Judith Cefkin. Reason 1.4(b) and (d). ¶1. (C) SUMMARY: The BiH Helsinki Committee released its "Report on the Status of Human Rights in Bosnia and Herzegovina" on February 12. The report raises the traditional range of human rights concerns, but also makes several erroneous accusations about the work of the Citizenship Review Commission (CRC). Among other things, the report attacks the legal basis of the CRC's decisions, asserts that those stripped of citizenship lack the right of appeal, and argues that the Bosnian government has illegally deported certain individuals stripped of their citizenship by the CRC. During the press conference at which the report was released, a Helsinki Committee official implicitly acknowledged that he could not substantiate these claims, particularly those regarding deportations, but argued that this was because the deportations "took place at the hands of the CIA and under the cover of night." These baseless assertions come at a particularly sensitive time and could complicate USG and OHR efforts to secure a needed extension of the CRC's mandate, which expires on February 16 (Ref A). END SUMMARY ¶2. (C) The International Helsinki Committee for Human Rights held a press conference on February 12 to release its 2006 "Report on the Status of Human Rights in Bosnia and Herzegovina." Parroting criticisms typically voiced by local Islamic extremists, the report attacks the November 2005 amendments to the Law on Citizenship that created the CRC. The CRC has a mandate to determine whether those individuals who acquired citizenship between April 6, 1992 and January 1, 2006 had done so illegally. Many former mujahedeen, who fought with the Bosnian army during the 1992-1995 and are now associated with extremist groups in Bosnia, are impacted by the review. The November 2005 amendments provide a clear legal basis for the CRC's work, which has been strongly supported by the U.S. and OHR. (Note: In its March 2006 communique, the Peace Implementation Council (PIC) Political Directors welcomed the CRC's establishment. End Note.) ¶3. (C) The Helsinki Committee's report goes on to claim that individuals stripped of their citizenship are not given the right to present arguments or evidence on their own behalf and lack the right to appeal CRC decisions. Neither claim is accurate. During the initial review of a case, the CRC relies on government records to determine whether an individual legally obtained their citizenship. The CRC has the authority to request additional material from an individual him/herself, if the CRC believes government records provide an insufficient basis for making a determination about the legality of citizenship. All decisions are subject to an administrative appeal at the State Court. An individual may present any material he/she wishes during appeal. ¶4. (C) The CRC has found that many individuals who acquired their Bosnian citizenship illegally had already left the country prior to any CRC action on their cases. (Note: The CRC is reviewing approximately 1,500 cases. End Note.) Of the 87 cases that have passed through the final adjudication stage within the CRC, only 6 people have filed an appeal before the State Court. No one stripped of their citizenship by the CRC has been deported from Bosnia. Nonetheless, the BiH Helsinki Committee report still claims that "in a number of cases, citizens were deported to countries where they could face the death penalty or torture, or other inhumane and degrading treatment." The report states these "deportations" violate the European Convention on Human Rights. When asked by a journalist to provide concrete details supporting the reports claims about deportations, BiH Helsinki Committee Vice President Srdjan Dizdarevic stated that he cannot because "most of the deportations were carried out illegally, using CIA flights during the night." Comment -------------- ¶5. (C) It is unfortunate that the BiH Helsinki Committee, a generally reputable domestic human rights organization, has issued a report so full or errors about the CRC. Dizdarevic is a close Embassy contact, but on this issue he appears to have been influenced by Islamic extremists, who have been crying wolf about the CRC for a year now. These same extremists have long tried to establish erroneous connections between the CRC and the Algerian 6 as well, and Dizdarevic's claims about "secret CIA flights" and the CRC suggests he has fallen into the trap extremists have set (Ref C). We plan to speak privately with him about the report's errors. Regardless, the report's factual errors come at a delicate time. The CRC's mandate expires on February 16, but it has not yet finished its work. We have been working with OHR to secure a one-year extension, and the BiH Helsinki Committee's press conference may complicate, if not derail, these efforts. MCELHANEY