Agreement on Prisoner Releases

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Agreement on Prisoner Releases
Date: 1 Oct 1994
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Balkan Conflicts (1991 - 1995) (1998 - 2001)
Former Yugoslavia

The disintegration of former Yugoslavia post cold war saw conflicts which became mediated and produced peace agreements in Slovenia (where the brief independence conflict was mediated by the EC Troika in 1991), Croatia (between Croatian and Serb populations 1991-1995), in Bosnia (between Croatian, Serb and Bosniak populations 1992-1995), in Macedonia (where mediation played a key pre-emptive role in preventing large scale conflict in 2001), in Kosovo (between Kosovar Albanians and Serbian population and the Federal Republic of Yugoslavia (FRY), but also between FRY and NATO, 1998-1999), and a conflict in the Presevo Valley (between Albanians in South Serbia and FRY, 2000-2001). The continued fall-out of the disintegration of former Yugoslavia also saw mediated agreement and ultimate dissolution of the Union between Serbia and Montenegro.

Bosnia-Herzegovina

In 1991, after nationalist parties won the first multi-party elections in the Socialist Federal Republic of Yugoslavia, a violent process of disintegration commenced. With its mixed population, Bosnia-Herzegovina became the centre of the following civil war that began in 1992 between the newly formed army of the Republic of Bosnia and Herzegovina (mostly Muslim Bosniacs), and the parastatal forces of self-declared Bosnian Croat (Herzeg-Bosnia) and Bosnian Serb (Republika Srpska) entities within Bosnia-Herzegovina, supported by Croatia and Serbia, with various, often short-lived, coalitions. The General Framework Agreement (Dayton Peace Agreement), signed in 1995, split the country into two ethno-federal entities, the Bosniak-Croat Federation and the Republika Srpska, and included continued peacekeeping and institutional administration by international actors.

Kosovo

The conflict between Serbs and Kosovar Albanians has a long history and always involved territorial disputes as well as ethno-political, cultural and linguistic factors. The most recent phase of the conflict began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (FRY – then Serbia and Montenegro). The subsequent war lasted until the NATO intervention, which undertook bombing campaigns of Belgrade and other places in Serbia during spring 1999. The main agreements solving the conflict were internationally driven and, finally, a UNSC resolution imposed a post-conflict arrangement in the wake of what was essentially a NATO military victory. In February 2008, Kosovo’s parliament declared independence, but independence is still internationally disputed.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Bosnia peace process
Parties: H. Muratovic; M. Krajsnik
Third parties: S. Viera de Mello, UNPROFOR; R. Monin, ICRC (in respect of 1, 2, 3, 4 & 9 above)
Description: This short agreement provides for prisoner releases and medical evacuations facilitated by the ICRC and UNHCR. It also agrees to allow humanitarian convoys and negotiators safe passage in and out of Gorazde.

Agreement document: BA_941001_Agreement on Prisoner Releases.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1, 1.
The parties will release the prisoners whose names are included in the signed lists, attached to this agreement, in accordance with the procedures established by the ICRC and as previously agreed upon by the parties. The release will take place as laid out below.

Page 1, 4.
On the date on which implementation commences (ie 5 October 1994), the Bosnian side will release all of the people named on the attached list, except for twelve prisoners of Serb nationality presently held in Gorazde. The identity of these twelve prisoners will be specified by the Serb authorities. The Serb side will release all of the people named on the attached list, except for twelve prisoners presently held in Foca. The identity of these twelve prisoners will be specified by the Bosnian authorities. These identities should be given to the ICRC at least 48 hours before the date specified in 2 above.

Page 1, 5.
The two UNHCR convoys blocked at Dobrun will be allowed to proceed to Gorazde on 3 October 1994.

Page 1, 8.
Seven UNHCR humanitarian convoys, additional to those presently blocked at Dobrun, will be allowed to proceed to Gorazde, starting on 3 October 1994. This will go some way towards meeting the need for humanitarian aid in Gorazde.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 1, 5.
The two UNHCR convoys blocked at Dobrun will be allowed to proceed to Gorazde on 3 October 1994.

Page 1, 6.
The three Bosnian negotiators from Gorazde will be allowed to return to Gorazde by helicopter at least 24 hours before the date set in article 2 above.

Page 1, 7.
On the date which implementation commences (ie 5 October 1994):
(a) Five physicians will be allowed to travel by helicopter from Sarajevo to Gorazde with their personal effects.
(b) Forty medical cases will be evacuated by helicopter from Gorazde to Sarajevo. They will be accompanied by two physicians.

Page 1, 8.
Seven UNHCR humanitarian convoys, additional to those presently blocked at Dobrun, will be allowed to proceed to Gorazde, starting on 3 October 1994. This will go some way towards meeting the need for humanitarian aid in Gorazde.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 1, 8.
Seven UNHCR humanitarian convoys, additional to those presently blocked at Dobrun, will be allowed to proceed to Gorazde, starting on 3 October 1994. This will go some way towards meeting the need for humanitarian aid in Gorazde.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 1, Untitled preamble
Striving to release prisoners of war and other individuals detained in relation to the conflict as soon as possible, the undersigned parties, in the presence of UNPROFOR and ICRC representatives, on 1 October 1994, conclude the following agreement.

Page 1, 1.
The parties will release the prisoners whose names are included in the signed lists, attached to this agreement, in accordance with the procedures established by the ICRC and as previously agreed upon by the parties. The release will take place as laid out below.

Page 1, 2.
The release will commence on 5 October 1994.

Page 1, 3.
Should any of the parties deviate from the lists (which constitute integral parts of this agreement), the other party has the right to suspend implementation of the agreement as a whole, until the violating party meets its obligations.

Page 1, 4.
On the date on which implementation commences (ie 5 October 1994), the Bosnian side will release all of the people named on the attached list, except for twelve prisoners of Serb nationality presently held in Gorazde. The identity of these twelve prisoners will be specified by the Serb authorities. The Serb side will release all of the people named on the attached list, except for twelve prisoners presently held in Foca. The identity of these twelve prisoners will be specified by the Bosnian authorities. These identities should be given to the ICRC at least 48 hours before the date specified in 2 above.

Page 1, 9.
No later than 11 October 1994, the two groups of twelve prisoners specified in 4 above will be released under the condition that the above mentioned provisions are fulfilled.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: S. Viera de Mello, UNPROFOR
Other international signatory: R. Monin, ICRC (in respect of 1, 2, 3, 4 & 9 above)
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, 3.
Should any of the parties deviate from the lists (which constitute integral parts of this agreement), the other party has the right to suspend implementation of the agreement as a whole, until the violating party meets its obligations.
Related cases: No specific mention.
Source: ICTY Court records, Karadzic and Mladic trials, exhibit P04866
http://icr.icty.org/

AGREEMENT ON PRISONER RELEASES

Striving to release prisoners of war and other individuals detained in relation to the conflict as soon as possible, the undersigned parties, in the presence of UNPROFOR and ICRC representatives, on 1 October 1994, conclude the following agreement.

1. The parties will release the prisoners whose names are included in the signed lists, attached to this agreement, in accordance with the procedures established by the ICRC and as previously agreed upon by the parties.

The release will take place as laid out below.

2. The release will commence on 5 October 1994.

3. Should any of the parties deviate from the lists (which constitute integral parts of this agreement), the other party has the right to suspend implementation of the agreement as a whole, until the violating party meets its obligations.

4. On the date on which implementation commences (ie 5 October 1994), the Bosnian side will release all of the people named on the attached list, except for twelve prisoners of Serb nationality presently held in Gorazde.

The identity of these twelve prisoners will be specified by the Serb authorities.

The Serb side will release all of the people named on the attached list, except for twelve prisoners presently held in Foca.

The identity of these twelve prisoners will be specified by the Bosnian authorities.

These identities should be given to the ICRC at least 48 hours before the date specified in 2 above.

5. The two UNHCR convoys blocked at Dobrun will be allowed to proceed to Gorazde on 3 October 1994.

6. The three Bosnian negotiators from Gorazde will be allowed to return to Gorazde by helicopter at least 24 hours before the date set in article 2 above.

7. On the date which implementation commences (ie 5 October 1994):

(a) Five physicians will be allowed to travel by helicopter from Sarajevo to Gorazde with their personal effects.

(b) Forty medical cases will be evacuated by helicopter from Gorazde to Sarajevo.

They will be accompanied by two physicians.

8. Seven UNHCR humanitarian convoys, additional to those presently blocked at Dobrun, will be allowed to proceed to Gorazde, starting on 3 October 1994.

This will go some way towards meeting the need for humanitarian aid in Gorazde.

9. No later than 11 October 1994, the two groups of twelve prisoners specified in 4 above will be released under the condition that the above mentioned provisions are fulfilled.

Signed:

H. Muratovic [signed],

M. Krajsnik [signed]

Witnessed:

S. Viera de Mello, UNPROFOR [signed],

R. Monin, ICRC (in respect of 1, 2, 3, 4 & 9 above) [signed]