criminal. Local journalist associations
documented nearly 40 cases of direct
pressure, verbal threats and physical attacks
against journalists by the end of the year.
CRIMES UNDER INTERNATIONAL LAW
In November, the International Criminal
Tribunal for the former Yugoslavia (ICTY)
issued the first-instance verdict in the case of
former Bosnian Serb leader, General Ratko
Mladić. The ICTY found him guilty of
genocide, war crimes, and crimes against
humanity committed during the 1992-1995
conflict and sentenced him to life
imprisonment.
Also in November, the ICTY confirmed
earlier sentences against six former Bosnian
Croat political and military leaders. This was
the final verdict passed by the tribunal prior
to permanently shutting down in December,
after 23 years of operation.
The domestic prosecution of war crimes
remained slow, with a backlog of several
hundred cases pending before various courts
at the end of the year. Despite recent
progress, the prosecutions continued to
suffer from lack of capacity and resources,
ineffective case-management and persistent
political obstruction. A revision of the 2008
National War Crimes Strategy to address key
institutional deficiencies and to establish new
deadlines for the completion of cases was
under way at the end of the year.
Some progress was made in harmonizing
entity laws regulating the rights of civilian
victims of war, including victims of wartime
sexual violence. However, public aid for
victims of wartime sexual violence remained
fragmented and dependent on residency;
victims residing in Republika Srpska (RS)
were excluded from the system of social
benefits for civilian victims of war. The Draft
Law on Protection of Victims of Wartime
Torture in RS, intended to recognize victims’
rights, was adopted by the government in
December, but it included provisions which
could potentially discriminate against nonSerb victims. There was no progress in the
adoption of the Law on Protection of Victims
of Torture at the state level by the end of the
96
year. The Law would guarantee a specific set
of rights and entitlement for victims of war on
the whole territory of Bosnia and
Herzegovina.
Criminal courts continued the recent
practice of granting financial compensation to
victims of wartime rape, bringing the number
of final judgments awarding financial
reparation for war crimes in criminal
proceedings to four. However, the
compensations had not been paid by the end
of the year. The convicted perpetrators
lacked funds and there was no alternative
mechanism to compensate survivors of
criminal acts in cases where convicted
perpetrators were not able to pay damages.
Most victims continued to be required to
pursue compensation claims in separate civil
proceedings, where they had to reveal their
identity and incur additional costs. The 2016
Constitutional Court ruling that the statute of
limitations applied to reparation claims
directed against the perpetrators and not the
state – even in war crimes cases – resulted in
widespread dismissal of claims in 2017,
further limiting victims’ ability to claim
compensation and leaving them liable for
high court fees.
Although over 75% of missing persons from
the war had been exhumed and identified,
there were still 8,000 people missing in
connection with the conflict. The process of
exhumations continued to encounter
significant challenges, including reduced
funding and limited expertise. The Law on
Missing Persons remained unimplemented,
with the Fund for Families of the Missing still
awaiting dedicated resources.
BOTSWANA
Republic of Botswana
Head of state and government: Seretse Khama Ian
Khama
The right to freedom of expression
continued to be restricted. Asylum-seekers
whose asylum claims were rejected
continued to face detention. A landmark
Amnesty International Report 2017/18
Select target paragraph3
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