Briefly about history and work of Office

In 1992. Republic of Serbs formed State commission for exchange of war prisoners, while, as a part of command divisions of RS army, worked commissions for exchange of war prisoners. On April 1st 1996. these two commissions were integrated in one-State Commission for Exchanging of War Prisoners. War in BiH ended leaving 25.000 - 30.000 missing in all three conflicted sides. Republic of Serbs has 5.180 missing - 2.635 civilians and 2.515 members of Republic of Srpska army.

State Commission inherited 322 unidentified bodies received in exchanges during the war.
Unsatisfied with the speed of dealing with problems of missing and captured persons, on families’ demand, RS Government formed State Commission for Exchanging of War Prisoners and Missing Persons and defined its mandate by resolution 02-1315/96.

For chairman was named Jovo Rosić - who did that job until March 13, 2001. Members became: Gostimir Ivanković, Milan Bogdanić, Goran Krčmar, Milan Ivančević, Miroslavka Jovanković. Beside mentioned, the Government named Siniša Karan and Dragan Uljarević for permanent members of State Committee, by resolution no. 0/00-012-609/2-98 from March 18th 1998.

Toward numerous unsolved cases on this town’s area, a year later, March 12th, was formed Subcommission for Sarajevo composed by: Milan Bogdanić - chairman and Slobodan Avlijaš, Slobodan Škrba and Momčilo Kiljević - memmbers. Subcommission existed until 2003.

We have to mention that Commission changed its name on request of high representative so that word “state” was erased from its name. At the same time, after the forming of Federal Commission for finding the missing persons, decree of forming State commission was not impeded, which was often served for manipulating with missing persons problem in BiH.

On 13th March 2001., by resolution of RS Government no. 02/1-020-403/01 on chairman position was named Nedeljko Mitrovic from category of families of departed missing and, because this was a demand of their representatives. He remained there until March 22, 2003. when Commission was renamed into Office (resolution no. 02/1-020-389/03). On this position was named Aleksandar Radeta. Current Office director came to that spot on October 25, 2004.

At the moment there are 14 employees in Office, who are divided by departments:

Department in Banja Luka:
Milan Bogdanić - the chairman
Aleksandar Radeta, dipl. jurist - office secretary
Milan Ivančević - operational worker
Goran Krčmar - operational worker
Milko Marić, dipl. mechanical advantage engineer
Dragana Gvozdenac - clerk
Miroslavka Jokanović - cashier
Miroslav Vranješ - driver
Slaviša Veselinović - driver/security

Department in Doboj:
Vlado Petrović - operational worker

Department in East Sarajevo:
Slobodan Škrba - operational worker
Mirjana Drašković - clerk

Department in Nevesinje:
Miloslav Muratović - operational worker
Stojanka Bukvić - clerk

In the end of 2004, on families’ request, Law of Missing Persons was brought. After that, again on families’ request, began process which included, among other things, forming Institute for Missing Persons BiH.  Based on article 14 of agreement of taking part in creating Institute for missing persons in BiH, between Council of Ministers BiH and International Commission for Missing Persons, and based on article 2, paragraph 14 and article 34, paragraph 2, Law of RS Government, the Government brought decision on June 26, 2006. about transferring competency Office fro Search of Missing and Captured Persons of Republic of Serbs on Institute for Missing Persons BiH.

According to this resolution, the Government completely obeyed Protocol about forming the Institute, which provides that 6 months after it becomes valid resolution of transferring competency in searching for missing from entity organs to Institute has to be brought.
This resolution became valid three months after it’s passing (October 1st).

Toward the fact that Institute did not started working in agreed time-line caused by delaying in naming Managing and Executive Board, RS Government brought Resolution of Supplement which provided continuity in work of Office.

ORGANIZATION

Internal organization of Office is adjusted to needs of the field work. Therefore, besides the headquarter in Banja Luka, which covers the areas of West Krajina, Cenral Bosnia, Ozren and Posavina, there is the unit in East Sarajevo which covers Federal Sarajevo, upper flow of Bosna River, Lasva valey, Podrinje and Romanijsko-Nisicka wold. One unit covers the area of Herzegovina.
Office has objects of temporary storage of exhumed bodies, prosection and identification in Banja Luka, East Sarajevo and Nevesinje. Present organization, with very dedicated Office employees, assures conduction of planned tasks. In process of identification Office has support of DNA analyses lab of International Commission for Missing Persons.

METHODOLOGY

Under the sponsorship of the Office of high representative, there were signed Banjaluka and Sarajevo’s agreement, which resolved issue of methodology and procedure of entity commissions.
The Law of missing persons specifies following:
“... Missing person is the person who’s family has no informations about him or her, or who is reported based on reliable informations as a person who’s destiny was not resolved during the war on territory of former Yugoslavia. Law is referring to persons missing in period from April 30, 1991. until February 14, 1996...”
Methodology of investigation of missing person’s destiny implies engaging all relevant organs and institutions, who are dealing with investigation, documentation and prosecution of war crimes, but and those who are dealing with humanitarian jobs.
We refer to Ministries for internal jobs and defense, army, intelligence, Red Cross, International Committee of Red Cross, as well as tribunal organs in sense of gathering informations of potential graves, and circumstances of deceasing certain person which would be available to the Office.
After the information is given, Office, in presence of International Committee of Red Cross as an observer, patrol micro locations of potential grave and evaluates factors regarding organizing the exhumation.
In another words, all relevant works for planning and organizing the exhumation are being done (the presence of mines left from war is being checked, security state, shape of the incoming roads, population, kind of soil, the way of exhumation, necessary support if speleology experts, machinery, etc.). After that, relevant prosecutor of RS is being notified, which based on present informations informs the judge about previous procedure. He gives the order for exhumation and prosection of the bodies which conducts relevant prosecutor.
In the time of exhumation, as an investigating process, beside the Office employees, anthropologist, court medicine expert, criminality technician and inspector of Ministry for internal affairs of RS are engaged. Deminers, speleologists and experts from other areas are engaged when needed.
In spirit of mentioned agreements, exhumation is observed by the representator of International Commission and Federal Commission for Missing Persons.
Court medicine expert is doing the post-mortem by the order of the prosecutor. The reconstruction of skeleton remainings is being done, and injuries as well as their cause are being determined. They are made of certain documentation.
After the autopsy, in presence of the closest family members, the body is being identified by prosecutor and court medicine expert.
The entire work, from exhumation, identification to handing over the body to the family, is planned and organized by Office who is keeping needed documentation and evidence.
All of this is being followed by analytical works, in order to keep the list of missing persons up to date and giving all documents to relevant organs for further use.

PROBLEMS IN PROCESS OF SEARCH

On of the major problems in search is the lack of information of the locations of graves containing the bodies of missing persons, which effected the number of solved cases, which is decreasing as the time go by.
By the year 2000 average of exhumed bodies was 417 and from 2000-2004 that average was decreased to 232. In the year 2004 number of found bodies was 146 and in the year after - just 91. In 2006 149 bodies were found.
If this tendency continues, the process of searching would be blocked, because the number of previsits and failed exhumation is getting bigger.
There is a lack of system support from competent organs and institutions, authorized to investigate informations regarding the potential graves, check their credibility and give them to Office.
In practice, the Office clerks are those who get the information about graves, although they are not authorized to conduct the investigation and take statements from witnesses.
All mentioned has been pointed out for years. In 2006 process of searching was improved as well as more quality documentation for needs of court and prosecution.
Conducting the Law of missing persons in the part which obligates every potential sources who have any knowledge about destiny of missing persons and grave locations to inform the families and authorized organs failed.
In addition, missing persons’ problem is being manipulated in everyday political purposes with tendencies to depreciate the number of victims among the other nation, and to enlarge its losses. It makes this process even more complicated.
Regarding the fact that most of the missing persons are victims of harsh violation of human rights and war conventions, executer took action in relocating the graves, with purpose of hiding traces. Mostly, this is the act of executers themselves.

DNA ANALYSES

After a decade and more, bodies are almost impossible to identify using the classical method, so the prosecution accepted the DNA analyses as the basic method for declaring identity. In this context, bone samples are taken from every body, and in order to have a match, it is necessary to take blood samples from family members. On field, blood samples are being taken by mobile teams of International Commission for Missing Persons BiH (phone numbers: 051/215-251 in Banja Luka and 035/228-830 in Tuzla).
Destiny of certain number of missing persons is connected to the areas of Croatia, Serbia and Montenegro.
During 2005,with the authorized from Croatia was developed joint project DNA, which provided that DNA samples form families who live in BiH match with isolated DNA samples from bone samples of the missing in Croatia. Regarding Serbia and Montenegro, laboratories which are situated there are already in system of International Commission for Missing Persons.

COOPERATION

With authorized in Croatia, Serbia and Montenegro were signed Amsterdam and Neum agreement, while the international protocol for solving problems with missing persons between Bosnia and Croatia is still in preparation. Agreement already exists with Serbia and Montenegro and it is of the Council of Ministers’ Study Group.
And beside agreement, cooperation with Croatia is in domain of takeover the identified bodies and monitoring while exhumating on territories of these countries. Croatian Government Office for captured and missing and county prosecution offices didn’t express ability to exhume the bodies and take the bone samples from so called “joint graves” from bodies for which families know about for 10 years based on given protocols, which represents the most drastic violation of human rights. They argument this with fact that the bodies are in “joint graves” and that there is a possibility of mistake. They ask for patience of Office and families until the graves they are interested in come to scheduled plan.

SUPPORT

Beside the financial support which provided RS Government, the most important contribution in Office work came from International Commission for Missing Persons (material-technical, organization and help in demining of ground). Also, it is significant to mention that the process of identification could not be done without help of DNA lab of ICMP.
Help also came from International Committee of Red Cross as a book of missing persons MKCK in BiH, material-technical help (vehicles, computers and equipment..), Study Group work, which worked under their sponsorship, photo-book project and ante-mortem data base. The great support came from families of the missing organization.
We have to mention help of RS Red Cross - department for searching, members of international peace troops, Office of high representator who were directly involved in this process from beginning.

INSTITUTE FOR MISSING PERSONS BIH

According to the Law of missing persons in BiH, BiH parliament in the end of 2005 voted protocol of founding Institute for missing persons BiH. It predicts that solving destinies of missing persons should be done, not on entity, but state level.
Forming unique data base of missing persons, which has to be confirmed, in practice would also mean ending the politization in this process.
Considering the reforms in domain of justice, defense and internal affairs, it can be expected that Institute for Missing Persons gets information about missing persons faster. In this way, by leveling standards in resolving the destinies of missing persons, every discrimination will be avoided and their status equalized.
It is agreed that entity Governments give equal amount of money , which they used to give in these purposes, as well as the policy of employment (17 Bosnians, 12 Serbians and 7 Croats).
In December 2006 members of Superior Board were named, and designation of Managing Board is to be expected.
It is good to mention that, in the past, entity Governments agreed to transfer their competencies on BiH level. Institute is still not working as it should.