in the case of

MUHAREM ODOBAŠIĆ v. THE REPUBLIKA SRPSKA
(Case No. CH/98/1786)

FACTUAL BACKGROUND

The applicant, who is of Bosniak origin, lives in Prnjavor in the Republika Srpska. On 14 September 1996 he was arrested by Mr. Braco Milijašević, who was at that time a police officer. The reason given for his arrest was that he had failed to comply with a request to identify himself to Mr. Milijašević. During his detention he was physically and verbally abused. He was subsequently convicted of failure to provide identification and of failure to accompany a police officer to a police station by the Petty Offences Court in Prnjavor. He was sentenced to 20 days in prison and ordered to pay the costs of the proceedings. On appeal the sentence of imprisonment was reduced to a fine. 

FINDINGS OF THE CHAMBER

Article 3 of the European Convention on Human Rights

The Chamber held that the applicant had been subjected to serious physical and verbal abuse by the police during his detention. This included being beaten on the chest after he informed Mr. Milijašević that he had a heart condition. This treatment violated the applicant's right to freedom from inhuman and degrading treatment as guaranteed by Article 3 of the Convention. 

Article 5 of the Convention

The Chamber found that the sole reason for the arrest and detention of the applicant was to harass and intimidate him because of his religious and ethnic origin. It therefore violated Article 5 of the Convention, which guarantees liberty and security of person.

Article 6 of the Convention

The Chamber found that during the applicant's trial before the Petty Offences Court in Prnjavor, the Court had essentially accepted the threatening and intimidating behaviour of Mr. Milijašević before it. This acceptance deprived the proceedings of the appearance of fairness, as required by Article 6 of the Convention.

Discrimination

The Chamber held that the applicant had been discriminated against in his enjoyment of the above rights and also in the enjoyment of his right to security of person and State protection against bodily harm caused by, amongst others, Government officials, as guaranteed by Article 5(b) of the Convention on the Elimination of All Forms of Racial Discrimination. This was because he was subjected to differential treatment solely on the basis of his national origin.

REMEDIES

The Chamber ordered the Republika Srpska to pay the applicant KM 3,500 in compensation for moral damage he suffered. It also ordered the Republika Srpska to conduct a criminal investigation into the conduct of Mr. Milijašević and to report to the Chamber, including setting out the actions it intends to take against him. 

Mr. Vitomir Popović attached a Partly Dissenting Opinion to the decision.