Agreement on the release and transfer of prisoners

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Agreement on the release and transfer of prisoners
Date: 1 Oct 1992
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: Mr. K. Trnka, Representative of Mr. Alija Izetbegovic, President of the Republic of Bosnia-Herzegovina
Mr. D. Kalinic, Representative of Mr. Radovan Karadzic, President of the Serbian Democratic Party
Mr. S. Sito Coric, Representative of Mr. Mate Boban, President of the Croatian Democratic Community
Mr. A. Kurjak, Representative of the Party of Democratic Action
Mr. M. Popadic, Liaison Officer of the Serbian Democratic Party
Mr. M. Mujic, Liaison Officer of the Presidency of the Republic of Bosnia-Herzegovina
Third parties: Meeting chaired by Mr. Thierry Germond, ICRC Delegate General for Europe, in the presence of the following observers:
For the Federal Republic of Yugoslavia: Ms. Olga Lazic-Djerdj
For the Republic of Croatia: Mr. Ranko Vilovic
For the United Nations High Commissioner for Refugees: Mrs. A.-M. Demmer, Director, Regional Bureau for Europe
Description: This agreement provides for the release and transfer of prisoners and detained persons, subject to International Humanitarian Law and organised under the auspices of the ICRC and UNHCR. Includes annexes listing sites of detention and possible transfer routes, and a joint signed 'Recommendation on the tragic situation of civilians in Bosnia-Herzegovina'.

Agreement document: BA_921001_Agreement on the Release and Transfer of Prisoners.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: Groups→Refugees/displaced persons→Substantive
Page 4, Art. 10, Right to return
Any prisoner released in or transferred to an area other than that of his or her former residence retains the right to return home at a later stage if he or she wishes to do so.

Page 4, Art. 11, Validity of documents, (1)
Any document, including a document renouncing or transferring property rights, assets or claims, signed by a prisoner who is to be released or transferred has no legal validity and does not in any way affect that prisoner’s rights or obligations.

Page 4, Art. 11, Validity of documents, (2)
Paragraph (1) is also applicable to documents signed by civilians to be transferred to an area other than their area of former residence.

Page 9, Recommendation on the tragic situation of civilians in Bosnia-Herzegovina, Untitled preamble
...Considering that in the present situation in Bosnia-Herzegovia with generalised violations of International Humanitarian Law systematically committed against civilians, the lives of certain civilians in certain areas can only be saved if they leave temporarily their homes and reach temporarily other areas,...

Page 9, Recommendation on the tragic situation of civilians in Bosnia-Herzegovina, 1.
Civilians who desire to leave temporarily the territory controlled by another party should be entitled to do so.

Page 10, Recommendation on the tragic situation of civilians in Bosnia-Herzegovina, 2.
The will of civilians to leave temporarily should be checked by an impartial international body in a private interview.

Page 10, Recommendation on the tragic situation of civilians in Bosnia-Herzegovina, 3.
The civilians should be able to leave in an organised transfer under international supervision and, if necessary, protection. Its security will be guaranteed by each party on the territory it controls.

Page 10, Recommendation on the tragic situation of civilians in Bosnia-Herzegovina, 4.
Each party to the conflict guarantees those who leave temporarily the territory it controls:
a) that their goods, assets and belongings will be respected and protected;
b) that they have a right to return home at a later stage if they wish so;
c) that any document, including a document renouncing or transferring property rights, assets or claims signed by a person who is about to leave temporarily has no legal validity and does not affect in any way that person’s rights or obligations .

Page 10, Recommendation on the tragic situation of civilians in Bosnia-Herzegovina, 5.
Persons temporarily transferred to areas other than their areas of origin should benefit, as vulnerable groups, from international assistance, inter alia, in conformity with its mandate, by the ICRC.
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, Untitled preamble
...Accepting the good offices of the ICRC to help conclude agreements to release prisoners in conformity with Chapter IV of the Agreement of 6 June 1992,...

Page 2, Art. 3 Release of prisoners, (2)
Each party will release all prisoners it is holding in any given place of detention as soon as the ICRC so requests on the basis of a specific plan of operation for the release and transfer of the prisoners held in that place.

Page 2, Art. 3 Release of prisoners, (3)
In particular, the parties accept that the ICRC will draw up specific plans of operation and implement them within 31 October 1992 for the places of detention and via the tentative [unreadable] of transfer listed in Annex B, subject to the approval of any third country entitled to be released under para. (1) and present on the day of implementation of the specific plan of operation will benefit from the operation, regardless of the notifications made under Article 6.

Page 2, Art. 3 Release of prisoners, (4)
The parties will grant the ICRC all the facilities necessary for the implementation of the specific plans of operation and will, in particular, guarantee the security of a transfer on the territory they control, including, if the ICRC so requests, by an armed escort. This is without prejudice to any UNPROFOR escort that might be requested by the ICRC in conformity with UN Security Council Resolution 776.

Page 2, Art. 3 Release of prisoners, (5)
The parties accept that under specific plans of operation prisoners may be transferred temporarily into neighbouring countries, where UNHCR may be involved in the implementation of such plans of operation, in conformity with its mandate.

Page 2, Art. 3 Release of prisoners, (6)
Each prisoner to be released has the right to express to the ICRC in a private interview his free will on whether he wishes to be released and transferred according to the specific ICRC plan of operation, or wishes to be released on the spot, or wishes to remain in detention.

Page 2, Art. 3 Release of prisoners, (7)
For prisoners who are nationals of third States the specific ICRC plan of operation shall always provide for the right to be transferred into their State of origin.

Page 2, Art. 4 Prisoners not entitled to be released (1)
Prisoners not entitled to be released under Art. 3 (1) shall benefit from the judicial guarantees set out in Arts 82-108 of the Third Geneva Convention if they are captured combatants, and Arts 71-76 of the Fourth Geneva Convention if they are civilians. The ICRC shall in particular be informed in each such case of the charge pending against the prisoner.

Page 3, Art. 5, Assistance to prisoners released and transferred
The parties accept that prisoners released by virtue of Art.3 shall receive, as vulnerable groups, assistance from the ICRC and UNHCR, in accordance with the two organizations’ respective mandates.

Page 3, Art. 6, Notification of prisoners, (1)
Each party will notify the ICRC before 7 October 1992 of all prisoners detained in the places of detention listed in Annex A1, if this has not yet been done according to Annex A1.

Page 3, Art. 6, Notification of prisoners, (2)
Each party will notify the ICRC before 15 October 1992 of the name and location of any other places where prisoners are being held on the territory under its control and of all prisoners held in those places.

Page 3, Art. 6, Notification of prisoners, (3)
Thereafter, the ICRC shall be notified within 14 days:
(a) of every prisoner captured, arrested, or transferred;
(b) of every new place of detention opened.

Page 3, Art. 7, Enquiries, (1)
The ICRC and any party may ask any other party for information on the whereabouts of a prisoner held by the latter and previously registered by the ICRC in the power of that party, or allegedly detained by that party.

Page 3, Art. 7, Enquiries, (2)
The ICRC and any party may ask any other party about the location of any alleged place of detention and to be notified of any prisoners held there.

Page 3, Art. 8, ICRC access to prisoners
The ICRC shall have free access to all prisoners and may make a census of the population of any place of detention with a view to drawing up a specific plan of operation as provided for in Art.3

Page 4, Art. 9, Notification of releases without ICRC involvement
In the events of any release, transfer, repatriation or exchange of prisoners in which the ICRC takes no part, the ICRC will be notified of all the prisoners concerned.

Page 10, Recommendation on the tragic situation of civilians in Bosnia-Herzegovina, 5.
Persons temporarily transferred to areas other than their areas of origin should benefit, as vulnerable groups, from international assistance, inter alia, in conformity with its mandate, by the ICRC.
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: Page 2, Art. 3 Release of prisoners, (1)
All prisoners not accused of, or sentenced for, grave breaches of International Humanitarian Law as defined in Art. 50 of the First Art. 51 of the Second, Art. 130 of the Third [unreadable] Art. 147 of the Fourth Geneva Convention, as well as in Art.85 of Additional Protocol I, will be unilaterally and unconditionally released.

Page 2, Art. 4 Prisoners not entitled to be released (1)
Prisoners not entitled to be released under Art. 3 (1) shall benefit from the judicial guarantees set out in Arts 82-108 of the Third Geneva Convention if they are captured combatants, and Arts 71-76 of the Fourth Geneva Convention if they are civilians. The ICRC shall in particular be informed in each such case of the charge pending against the prisoner.

Page 2, Art. 4 Prisoners not entitled to be released (2)
Even if convicted, such prisoners retain the benefits of the treatment provided for in Art. 2.3 or 2.4 of the Agreement of 22 May 1992, depending on their status.

Page 3, Art. 5, Assistance to prisoners released and transferred
The parties accept that prisoners released by virtue of Art.3 shall receive, as vulnerable groups, assistance from the ICRC and UNHCR, in accordance with the two organizations’ respective mandates.

Page 9, Recommendation on the tragic situation of civilians in Bosnia-Herzegovina, Untitled preamble
...Considering that in the present situation in Bosnia-Herzegovia with generalised violations of International Humanitarian Law systematically committed against civilians, the lives of certain civilians in certain areas can only be saved if they leave temporarily their homes and reach temporarily other areas,...
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: No specific mention.
Protection measures: Rights related issues→Protection measures→Other
Page 10, 3. The civilians should be able to leave in an organised transfer under international supervision and, if necessary, protection. Its security will be guaranteed by each party on the territory it controls.
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: Page 3, Art. 6, Notification of prisoners, (3)
Thereafter, the ICRC shall be notified within 14 days:...(b) of every new place of detention opened.

[Summary: Page 4-5, Annex A1, List of places of detention according to information given by detaining parties on 01.10.1992, acts as a precursor to releasing prisoners from these sites of detention]

[Summary: Page 5-6, Annex A2, List of places of detention formerly notified by detaining parties for which clarification is requested, acts as a precursor to releasing prisoners from these sites of detention]

[Summary: Page 6, Annex A3, List of alleged places of detention according to information provided by the parties during the plenipotentiary conference for which clarification is requested, acts as a precursor to releasing prisoners from these sites of detention]

[Summary: Page 7-8, Annex B, Places of Detention, Possible Routing, provides suggested routes for transfer of released prisoners]
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
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: Land, property and environment→Land reform/rights→Property return and restitution
Page 4, Art. 11, Validity of documents, (1)
Any document, including a document renouncing or transferring property rights, assets or claims, signed by a prisoner who is to be released or transferred has no legal validity and does not in any way affect that prisoner’s rights or obligations.

Page 10, Recommendation on the tragic situation of civilians in Bosnia-Herzegovina, 4.
Each party to the conflict guarantees those who leave temporarily the territory it controls:
a) that their goods, assets and belongings will be respected and protected;
b) that they have a right to return home at a later stage if they wish so;
c) that any document, including a document renouncing or transferring property rights, assets or claims signed by a person who is about to leave temporarily has no legal validity and does not affect in any way that person’s rights or obligations.
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: Page 2, Art. 3, Release of prisoners, (4)
The parties will grant the ICRC all the facilities necessary for the implementation of the specific plans of operation and will, in particular, guarantee the security of a transfer on the territory they control, including, if the ICRC so requests, by an armed escort. This is without prejudice to any UNPROFOR escort that might be requested by the ICRC in conformity with UN Security Council Resolution 776.

Page 9, Recommendation on the tragic situation of civilians in Bosnia-Herzegovina, Untitled preamble
...Recalling that the presence of civilians may not be used to render certain areas immune from military operations,...

Page 10, Recommendation on the tragic situation of civilians in Bosnia-Herzegovina, 3.
The civilians should be able to leave in an organised transfer under international supervision and, if necessary, protection. Its security will be guaranteed by each party on the territory it controls.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 4, Activities after release
The parties undertake not to recruit prisoners released and/or transferred under this Agreement in their armed forces or groups and to take all feasible measures that such prisoners do not take a direct part in hostilities.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 4, Activities after release
The parties undertake not to recruit prisoners released and/or transferred under this Agreement in their armed forces or groups and to take all feasible measures that such prisoners do not take a direct part in hostilities.
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
...Accepting the good offices of the ICRC to help conclude agreements to release prisoners in conformity with Chapter IV of the Agreement of 6 June 1992,...

Page 1, Art. 1 Prisoners covered by this agreement
In this Agreement the term “prisoners” means:
(a) all civilian deprived of their liberty for reasons related to the conflict, as defined in Art. 2.3.(2) of the Agreement of 22 May 1992, including those interned, detained or subject to assigned residence.
(b) all captured combatants, as defined in Art. 2.4 of the Agreement of 22 May 1992,
Including those accused of or sentenced for any crime related to the armed conflict.

Page 1, Art. 2 Responsibility for prisoners
The parties are responsible for the application of this Agreement in respect of all prisoners held on territories under their control and will therefore ensure central control over all prisoners detained by individuals or local groups.

Page 2, Art. 3 Release of prisoners, (1)
All prisoners not accused of, or sentenced for, grave breaches of International Humanitarian Law as defined in Art. 50 of the First Art. 51 of the Second, Art. 130 of the Third [unreadable] Art. 147 of the Fourth Geneva Convention, as well as in Art.85 of Additional Protocol I, will be unilaterally and unconditionally released.

Page 2, Art. 3 Release of prisoners, (2)
Each party will release all prisoners it is holding in any given place of detention as soon as the ICRC so requests on the basis of a specific plan of operation for the release and transfer of the prisoners held in that place.

Page 2, Art. 3 Release of prisoners, (3)
In particular, the parties accept that the ICRC will draw up specific plans of operation and implement them within 31 October 1992 for the places of detention and via the tentative [unreadable] of transfer listed in Annex B, subject to the approval of any third country entitled to be released under para. (1) and present on the day of implementation of the specific plan of operation will benefit from the operation, regardless of the notifications made under Article 6.

Page 2, Art. 3 Release of prisoners, (4)
The parties will grant the ICRC all the facilities necessary for the implementation of the specific plans of operation and will, in particular, guarantee the security of a transfer on the territory they control, including, if the ICRC so requests, by an armed escort. This is without prejudice to any UNPROFOR escort that might be requested by the ICRC in conformity with UN Security Council Resolution 776.

Page 2, Art. 3 Release of prisoners, (5)
The parties accept that under specific plans of operation prisoners may be transferred temporarily into neighbouring countries, where UNHCR may be involved in the implementation of such plans of operation, in conformity with its mandate.

Page 2, Art. 3 Release of prisoners, (6)
Each prisoner to be released has the right to express to the ICRC in a private interview his free will on whether he wishes to be released and transferred according to the specific ICRC plan of operation, or wishes to be released on the spot, or wishes to remain in detention.

Page 2, Art. 3 Release of prisoners, (7)
For prisoners who are nationals of third States the specific ICRC plan of operation shall always provide for the right to be transferred into their State of origin.

Page 2, Art. 4 Prisoners not entitled to be released (1)
Prisoners not entitled to be released under Art. 3 (1) shall benefit from the judicial guarantees set out in Arts 82-108 of the Third Geneva Convention if they are captured combatants, and Arts 71-76 of the Fourth Geneva Convention if they are civilians. The ICRC shall in particular be informed in each such case of the charge pending against the prisoner.

Page 2, Art. 4 Prisoners not entitled to be released (2)
Even if convicted, such prisoners retain the benefits of the treatment provided for in Art. 2.3 or 2.4 of the Agreement of 22 May 1992, depending on their status.

Page 2, Art. 4 Prisoners not entitled to be released (3)
The party approached will make any internal enquiries necessary to obtain the information requested.

Page 3, Art. 5, Assistance to prisoners released and transferred
The parties accept that prisoners released by virtue of Art.3 shall receive, as vulnerable groups, assistance from the ICRC and UNHCR, in accordance with the two organizations’ respective mandates.

Page 3, Art. 6, Notification of prisoners, (1)
Each party will notify the ICRC before 7 October 1992 of all prisoners detained in the places of detention listed in Annex A1, if this has not yet been done according to Annex A1.

Page 3, Art. 6, Notification of prisoners, (2)
Each party will notify the ICRC before 15 October 1992 of the name and location of any other places where prisoners are being held on the territory under its control and of all prisoners held in those places.

Page 3, Art. 6, Notification of prisoners, (3)
Thereafter, the ICRC shall be notified within 14 days:
(a) of every prisoner captured, arrested, or transferred;
(b) of every new place of detention opened.

Page 3, Art. 6, Notification of prisoners, (4)
The local liaison officers of the parties will meet at least once every 14 days in a mutually agreed place to exchange lists of all prisoners held in their respective areas.

Page 3, Art. 6, Notification of prisoners, (5)
All notifications referred to in this article and in Art. 9 shall contain at least the following details on the prisoners concerned: - name - first name - father’s first name - mother’s first name and maiden name - date of birth - place of birth.

Page 3, Art. 7, Enquiries, (1)
The ICRC and any party may ask any other party for information on the whereabouts of a prisoner held by the latter and previously registered by the ICRC in the power of that party, or allegedly detained by that party.

Page 3, Art. 7, Enquiries, (2)
The ICRC and any party may ask any other party about the location of any alleged place of detention and to be notified of any prisoners held there.

Page 3, Art. 7, Enquiries, (3)
The party approached will make any internal enquiries necessary to obtain the information requested.

Page 3, Art. 8, ICRC access to prisoners
The ICRC shall have free access to all prisoners and may make a census of the population of any place of detention with a view to drawing up a specific plan of operation as provided for in Art.3.

Page 4, Art. 9, Notification of releases without ICRC involvement
In the events of any release, transfer, repatriation or exchange of prisoners in which the ICRC takes no part, the ICRC will be notified of all the prisoners concerned.

Page 4, Art. 10, Right to return
Any prisoner released in or transferred to an area other than that of his or her former residence retains the right to return home at a later stage if he or she wishes to do so.

Page 4, Art. 11, Validity of documents, (1)
Any document, including a document renouncing or transferring property rights, assets or claims, signed by a prisoner who is to be released or transferred has no legal validity and does not in any way affect that prisoner’s rights or obligations.

Page 4, Art. 11, Validity of documents, (2)
Paragraph (1) is also applicable to documents signed by civilians to be transferred to an area other than their area of former residence.

Page 4, Activities after release
The parties undertake not to recruit prisoners released and/or transferred under this Agreement in their armed forces or groups and to take all feasible measures that such prisoners do not take a direct part in hostilities.

[Summary: Page 4-5, Annex A1, List of places of detention according to information given by detaining parties on 01.10.1992, acts as a precursor to releasing prisoners from these sites of detention]

[Summary: Page 5-6, Annex A2, List of places of detention formerly notified by detaining parties for which clarification is requested, acts as a precursor to releasing prisoners from these sites of detention]

[Summary: Page 6, Annex A3, List of alleged places of detention according to information provided by the parties during the plenipotentiary conference for which clarification is requested, acts as a precursor to releasing prisoners from these sites of detention]

[Summary: Page 7, Annex B, Places of Detention, Possible Routing, provides suggested routes for transfer of released prisoners]
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: Observed for the United Nations High Commissioner for Refugees by Mrs. A.-M. Demmer, Director, Regional Bureau for Europe
Other international signatory: Meeting chaired by Mr. Thierry Germond, ICRC Delegate General for Europe, in the presence of the following observers:
For the Federal Republic of Yugoslavia: Ms. Olga Lazic-Djerdj
For the Republic of Croatia: Mr. Ranko Vilovic
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2, Art. 3 Release of prisoners, (4)
The parties will grant the ICRC all the facilities necessary for the implementation of the specific plans of operation and will, in particular, guarantee the security of a transfer on the territory they control, including, if the ICRC so requests, by an armed escort. This is without prejudice to any UNPROFOR escort that might be requested by the ICRC in conformity with UN Security Council Resolution 776.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: ICTY Court Records, Karadzic trial exhibit P04859
http://icr.icty.org/

AGREEMENT ON THE RELEASE AND TRANSFER OF PRISONERS

At the invitation of the International Committee of the Red Cross,

Mr. K. Trnka Representative of Mr. Alija Izetbegovic, President of the Republic of Bosnia-Herzegovina

Mr. D. Kalinic Representative of Mr. Radovan Karadzic, President of the Serbian Democratic Party

Mr. S. Sito Coric Representative of Mr. Mate Boban, President of the Croatian Democratic Community

Mr. A. Kurjak Representative of the Party of Democratic Action

Mr. M. Popadic Liaison Officer of the Serbian Democratic Party

Mr. M. Mujic Liaison Officer of the Presidency of the Republic of Bosnia-Herzegovina

Met in Geneva on 30 September and 1 October 1992, at a meeting chaired by Mr. Thierry Germond, ICRC Delegate General for Europe, in the presence of the following observers:

For the Federal Republic of Yugoslavia:

Ms. Olga Lazic-Djerdj

For the Republic of Croatia:

Mr. Ranko Vilovic

For the United Nations High Commissioner for Refugees:

Mrs. A.-M. Demmer, Director, Regional Bureau for Europe

Have agreed on the following:

On the basis of the Agreement of 22 May 1992,

Accepting the good offices of the ICRC to help conclude agreements to release prisoners in conformity with Chapter IV of the Agreement of 6 June 1992,

Recalling the humanitarian plan of action their leaders accepted in London on 27 August 1992,

The undersigned have accepted the following:

Art. 1 Prisoners covered by this agreement

In this Agreement the term “prisoners” means:

(a) all civilian deprived of their liberty for reasons related to the conflict, as defined in Art.

2.3.(2) of the Agreement of 22 May 1992, including those interned, detained or subject to assigned residence.

(b) all captured combatants, as defined in Art.

2.4 of the Agreement of 22 May 1992,

Including those accused of or sentenced for any crime related to the armed conflict.

Art. 2 Responsibility for prisoners

The parties are responsible for the application of thos Agreement in respect of all prisoners held on territories under their control and will therefore ensure central control over all prisoners detained by individuals or local groups.

Art. 3 Release of prisoners

(1) All prisoners not accused of, or sentenced for, grave breaches of International Humanitarian Law as defined in Art.

50 of the First Art.

51 of the Second, Art.

130 of the Third [unreadable] Art.

147 of the Fourth Geneva Convention, as well as in Art.85 of Additional Protocol I, will be unilaterally and unconditionally released.

(2) Each party will release all prisoners it is holding in any given place of detention as soon as the ICRC so requests on the basis of a specific plan of operation for the release and transfer of the prisoners held in that place.

(3) In particular, the parties accept that the ICRC will draw up specific plans of operation and implement them within 31 October 1992 for the places of detention and via the tentative [unreadable] of transfer listed in Annex B, subject to the approval of any third country entitled to be released under para. (

1) and present on the day of implementation of the specific plan of operation will benefit from the operation, regardless of the notifications made under Article 6.

(4) The parties will grant the ICRC all the facilities necessary for the implementation of the specific plans of operation and will, in particular, guarantee the security of a transfer on the territory they control, including, if the ICRC so requests, by an armed escort.

This is without prejudice to any UNPROFOR escort that might be requested by the ICRC in conformity with UN Security Council Resolution 776.

(5) The parties accept that under specific plans of operation prisoners may be transferred temporarily into neighbouring countries, where UNHCR may be involved in the implementation of such plans of operation, in conformity with its mandate.

(6) Each prisoner to be released has the right to express to the ICRC in a private interview his free will on whether he wishes to be released and transferred according to the specific ICRC plan of operation, or wishes to be released on the spot, or wishes to remain in detention.

(7) For prisoners who are nationals of third States the specific ICRC plan of operation shall always provide for the right to be transferred into their State of origin.

Art. 4 Prisoners not entitled to be released

(1) Prisoners not entitled to be released under Art.

3 (1) shall benefit from the judicial guarantees set out in Arts 82-108 of the Third Geneva Convention if they are captured combatants, and Arts 71-76 of the Fourth Geneva Convention if they are civilians.

The ICRC shall in particular be informed in each such case of the charge pending against the prisoner.

(2) Even if convicted, such prisoners retain the benefits of the treatment provided for in Art.

2.3 or 2.4 of the Agreement of 22 May 1992, depending on their status.

(3) The party approached will make any internal enquiries necessary to obtain the information requested.

Art. 5 Assistance to prisoners released and transferred

The parties accept that prisoners released by virtue of Art.3 shall receive, as vulnerable groups, assistance from the ICRC and UNHCR, in accordance with the two organizations’ respective mandates.

Art. 6 Notification of prisoners

(1) Each party will notify the ICRC before 7 October 1992 of all prisoners detained in the places of detention listed in Annex A1, if this has not yet been done according to Annex A1.

(2) Each party will notify the ICRC before 15 October 1992 of the name and location of any other places where prisoners are being held on the territory under its control and of all prisoners held in those places.

(3) Thereafter, the ICRC shall be notified within 14 days:

(a) of every prisoner captured, arrested, or transferred;

(b) of every new place of detention opened.

(4) The local liaison officers of the parties will meet at least once every 14 days in a mutually agreed place to exchange lists of all prisoners held in their respective areas.

(5) All notifications referred to in this article and in Art.

9 shall contain at least the following details on the prisoners concerned:

- name

- first name

- father’s first name

- mother’s first name and maiden name

- date of birth

- place of birth.

Art. 7 Enquiries

(1) The ICRC and any party may ask any other party for information on the whereabouts of a prisoner held by the latter and previously registered by the ICRC in the power of that party, or allegedly detained by that party.

(2) The ICRC and any party may ask any other party about the location of any alleged place of detention and to be notified of any prisoners held there.

(3) The party approached will make any internal enquiries necessary to obtain the information requested.

Art. 8 ICRC access to prisoners

The ICRC shall have free access to all prisoners and may make a census of the population of any place of detention with a view to drawing up a specific plan of operation as provided for in Art.3.

Art. 9 Notification of releases without ICRC involvement

In the events of any release, transfer, repatriation or exchange of prisoners in which the ICRC takes no part, the ICRC will be notified of all the prisoners concerned.

Art. 10 Right to return

Any prisoner released in or transferred to an area other than that of his or her former residence retains the right to return home at a later stage if he or she wishes to do so.

Art. 11 Validity of documents

(1) Any document, including a document renouncing or transferring property rights, assets or claims, signed by a prisoner who is to be released or transferred has no legal validity and does not in any way affect that prisoner’s rights or obligations.

(2) Paragraph (1) is also applicable to documents signed by civilians to be transferred to an area other than their area of former residence.

Art. 12 Activities after release

The parties undertake not to recruit prisoners released and/or transferred under this Agreement in their armed forces or groups and to take all feasible measures that such prisoners do not take a direct part in hostilities.

Geneva, 1 October 1992

Mr. K. Trnka

Mr. D. Kalenic

Mr. S. Sito Coric

Mr. A. Kurjak

ANNEX A1

LIST OF PLACES OF DETENTION ACCORDING TO INFORMATION GIVEN BY DETAINING PARTIES ON 01.10.1992

1. Under Bosnian control

Sarajevo Prison

Victor Bubanj Army Barracks

Zenica Prison

Tuzla Prison

Bihac Prison

Velika Kladusa Camp

Konjic Camp/Prison *2

Celebici Camp

Visoko Camp

Begov Han Camp

Jajce *2

2. Under Croatian control

Mostar Prison *1

Bosanski Brod Camp

Jajce *2

Konjic Camp/Prison *2

Livno *3

Tomislavgrad *3

3. Under Serbian Control

Manjaca Camp

Trno Polje Camp

Foca Prison

Drvar “Kamenica” Prison

Bileca Police Station

Sanski Most

Bijelina “Batkovic” Camp

Banja Luka Prison

Doboj Prison

Vlasenica Camp

Kula (Butmir) Prison

Pale Prison

Bosanski Samac

Kotor Varos

*1 All detainess formerly held in Ljubuski, Dretelj Cjapljina, Tomislavgrad and Livno were recently transferred to Mostar prison.

*2 Places of detention under common Bosnia-Croatian control

*3 Areas where restricted freedom of movements is applied to certain categories of persons

ANNEX A2

LIST OF PLACES OF DETENTION FORMERLY MOTIFIED BY DETAINING PARTIES FOR WHICH CLARIFICATION IS REQUESTED

1. Under Serbian Authority

Krupac

Vojkovic

Ilidiza

Ilijac

Vogosca

Hadzici

2. Under Bosnian Authority

Breza

Trnovo

Sarajevo

ANNEX A3

LIST OF ALLEGED PLACES OF DETENTION ACCORDING TO INFORMATION PROVIDED BY THE PARTIES DURING THE PLENIPOTENTIARY CONFERENCE FOR WHICH CLARIFICATION IS REQUESTED

1. Under Croatian Control

Bugojno

Bradina Tunnel

Stup (Sarajevo)

2. Under Bosnian Control

Tarcin Silo

Pazaric

Trnovo

Kljuc

Buturovic Polje

3. Under Serbian Control

Visegrad

Brcko

Zvornik

Tezlic

ANNEX B

Places of Detention

Trnopolje

Bileca

Bihac

Bosanski Brod

Foca

Celebici

Konjic

Batkovic

Sanski Most

Drvar-Kamenica

Mostar

Possible Routing

Trnopolje – Prijedor

Bosanski Novi

Dvor – Glina – Vojnic – Turanj – Karlovac

Bileca – Front.

Montenegro

Niksic – Podgorica

Podgorica – Skopje (?)

Bihac – Izacic

Izacic – Licko Petrovo Selo

Licko Petrovo Selo Titova Korenica

Bosanski Brod – Slavonski Brod – Lipovac

Lipovac – Kuzmin – Belgrade

Foca – Gradac

Gradac – Pljevlina-Front. –

Front. –

Prijelpa –Sjenica – Novi Pazar

Celebici – Jablanica – Front.

Front – Prozor – Posusje - Front. –

Front – Imotski – Split 1 Night

Slipt – Zelenika (Boat)

Konjic – Celebici

Idem Celebici

Batkovic – Bijeljina

Kuzmin - Lipovac

Lipovac – Karlovac – Djakovo (?)

Sanski Most – Prijedor – Bosanski Novi

Dvor – Glina – Vojnic

Turanj – Karlovac

Drvar Kamenica – Zaseok

Zaseok – Knin

Knin – Slunj – Karlovac

Mostar – Listica – Posusje – Front.

Front. –

Imotski – Split

Split – Zelenika (Boat)

Capljina Grabovina

Manjaca 1

Zenica

Visoko

Manjaca 2

Tuzla

Livno

Tomislavgrad

Banja Luka KPD

Doboj

Pale

Capljina – Ljubuski

Puis Idem Ljubuski

Manjaca – Banja Luka

Bosanski Gradiska

B. Gradiska – Okucani – Novska

Novska – Karlovac

Zenica – Front.

Front.

Prozor – Posusje – Front.

Front. –

Imotski – Split (Night)

Split – Zelenika (Boat)

Split – B. Luka (Airplane)

Visoko – Zenica (Night)

And Idem Zenica

Idem Manjaca 1

Tuzla – Belgrade (Airplane)

Livno – Posusje-Front.

Front.-Imotski-Split

Split – Zelenika (Boat)

Split – B. Luka (Airplane)

Tomislavgrad-Posusje Front.

And Idem Livno

B. Luka – Bosanska Gradiska

B. Gradiska-Okucani-Novska

Novska – Karlovac

Doboj – B. Luka

And Idem B. Luka

Pale - Zvornik

Zvornik – Loznica

Loznica – Sabac

Sremska Mitrovica – Kuzmin – Lipovac

Lipovac – Karlovac

Remark:

These routings are indicative and remain subject to changes according to up-dated assessment of local conditions.

RECOMMENDATION ON THE TRAGIC SITUATION OF CIVILIANS IN BOSNIA-HERZEGOVINA