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