Prisoner Exchange Agreement

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Country/entity: Croatia
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Prisoner Exchange Agreement
Date: 6 Nov 1991
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: Croatia negotiation process
Parties: Deputy Minister of Defence of the RH (Republic of Croatia): Ivan Milas
Plenipotentiary of the OS (Armed Forces) of the SFRY: Lieutenant General Andrija Raseta
Third parties: Ambassador Dirk-Jan Van Houten
Description: This agreement provides for a mutual prisoner exchange, facilitated by the International Committee of the Red Cross and in the presence of European Community observers.

Agreement document: HR_911106_Prisoner Release Agreement.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: Page 1, 8.
The signatories of the agreement formally undertake not to exercise any kind of repression against prisoners who refuse to return, or against their families;

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, 3.
Each side will hand over to the other a list of all prisoners, with details of the place where the prisoners are detained, and both sides will provide a representative of the International Committee of the Red Cross (ICRC) with copies of these lists;

Page 1, 4.
The signatories of this agreement agree that the exchange of prisoners will take place immediately after the International Committee of the Red Cross (ICRC) has registered and visited the prisoners in accordance with the special criteria of the ICRC;

Page 1, 5.
The signatories of the agreement shall accept the list of prisoners registered by the ICRC as authoritative;

Page 1, 6.
The signatories of the agreement agree that no prisoner will be returned against his or her will, and that every prisoner will be given the opportunity to declare his or her will to a representative of the ICRC;

Page 1, 11.
The signatories undertake to place all prisoners under the protection of the International Committee of the Red Cross (ICRC) immediately, and to abide by the requirements and standards of the International Red Cross in all respects regarding the treatment and accommodation of prisoners;

Page 1, 13.
In the event of a dispute regarding the interpretation and application of this agreement the decision of the International Committee of the Red Cross (ICRC) shall be final.
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: No specific mention.
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: 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: 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,
On the exchange of prisoners, or persons deprived of their liberty, in armed conflicts in the Republic of Croatia or in connection with these clashes, in accordance with the following...

Page 1, 1.
Both sides concur that they will exchange all prisoners or persons deprived of their liberty on the principles of all for all;

Page 1, 2.
The term “prisoner” shall be held to include all persons deprived of their liberty who are in prisoner, detention facilities or prison camps, regardless of whether criminal or any other proceedings have been initiated against them, indictments issued or a final judgement or first-instance delivered, regardless of the territory in which they are located or the place they were taken prisoner, deprived of freedom, suffered restrictions on movement, or were held hostage;

Page 1, 3.
Each side will hand over to the other a list of all prisoners, with details of the place where the prisoners are detained, and both sides will provide a representative of the International Committee of the Red Cross (ICRC) with copies of these lists;

Page 1, 4.
The signatories of this agreement agree that the exchange of prisoners will take place immediately after the International Committee of the Red Cross (ICRC) has registered and visited the prisoners in accordance with the special criteria of the ICRC;

Page 1, 5.
The signatories of the agreement shall accept the list of prisoners registered by the ICRC as authoritative;

Page 1, 6.
The signatories of the agreement agree that no prisoner will be returned against his or her will, and that every prisoner will be given the opportunity to declare his or her will to a representative of the ICRC;

Page 1, 7.
The signatories of the agreement undertake not to exercise any kind of pressure on prisoners with regard to persuading them to reject or accept their return;

Page 1, 8.
The signatories of the agreement formally undertake not to exercise any kind of repression against prisoners who refuse to return, or against their families;

Page 1, 9.
The signatories of the agreement agree that the exchange of prisoners will also be conducted in the presence of European Community observers;

Page 1, 10.
The signatories of the agreement agree that they will commence the exchange of prisoner lists immediately, and will appoint persons authorised to conduct the exchange, within a period of two days from the signing of the agreement;

Page 1, 11.
The signatories undertake to place all prisoners under the protection of the International Committee of the Red Cross (ICRC) immediately, and to abide by the requirements and standards of the International Red Cross in all respects regarding the treatment and accommodation of prisoners;

Page 1, 12.
The persons authorised under item 10 of this agreement will provide a detailed description of any unclear issues that may present themselves during the implementation of the agreement.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: Ambassador Dirk-Jan Van Houten
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, 9.
The signatories of the agreement agree that the exchange of prisoners will also be conducted in the presence of European Community observers;
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: ICTY Court Records, Mrksic trial exhibit 00869
http://icr.icty.org/

The Government of the Republic of Croatia, represented by Ivan Milas, Deputy Minister of Defence, and the Armed Forces of the Socialist Federative Republic of Yugoslavia (SFRY), represented by Andrija Rašeta, Lieutenant General, having expressed their positions, have concluded the following

AGREEMENT

On the exchange of prisoners, or persons deprived of their liberty, in armed conflicts in the Republic of Croatia or in connection with these clashes, in accordance with the following:

1. Both sides concur that they will exchange all prisoners or persons deprived of their liberty on the principles of all for all;

2. The term “prisoner” shall be held to include all persons deprived of their liberty who are in prisoner, detention facilities or prison camps, regardless of whether criminal or any other proceedings have been initiated against them, indictments issued or a final judgement or first-instance delivered, regardless of the territory in which they are located or the place they were taken prisoner, deprived of freedom, suffered restrictions on movement, or were held hostage;

3. Each side will hand over to the other a list of all prisoners, with details of the place where the prisoners are detained, and both sides will provide a representative of the International Committee of the Red Cross (ICRC) with copies of these lists;

4. The signatories of this agreement agree that the exchange of prisoners will take place immediately after the International Committee of the Red Cross (ICRC) has registered and visited the prisoners in accordance with the special criteria of the ICRC;

5. The signatories of the agreement shall accept the list of prisoners registered by the ICRC as authoritative;

6. The signatories of the agreement agree that no prisoner will be returned against his or her will, and that every prisoner will be given the opportunity to declare his or her will to a representative of the ICRC;

7. The signatories of the agreement undertake not to exercise any kind of pressure on prisoners with regard to persuading them to reject or accept their return;

8. The signatories of the agreement formally undertake not to exercise any kind of repression against prisoners who refuse to return, or against their families;

9. The signatories of the agreement agree that the exchange of prisoners will also be conducted in the presence of European Community observers;

10. The signatories of the agreement agree that they will commence the exchange of prisoner lists immediately, and will appoint persons authorised to conduct the exchange, within a period of two days from the signing of the agreement;

11. The signatories undertake to place all prisoners under the protection of the International Committee of the Red Cross (ICRC) immediately, and to abide by the requirements and standards of the International Red Cross in all respects regarding the treatment and accommodation of prisoners;

12. The persons authorised under item 10 of this agreement will provide a detailed description of any unclear issues that may present themselves during the implementation of the agreement.

13. In the event of a dispute regarding the interpretation and application of this agreement the decision of the International Committee of the Red Cross (ICRC) shall be final.

At Zagreb

6 November 1991

Deputy Minister of Defence of the RH (Republic of Croatia): Ivan Milas

Plenipotentiary of the OS (Armed Forces) of the SFRY:

Lieutenant General Andrija Raseta

Ambassador Dirk-Jan Van Houten