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in the case of
R.G. AND PREDRAG MATKOVIĆ v. THE FEDERATION OF BOSNIA AND
HERZEGOVINA
(Case No. CH/98/1027 and CH/99/1842)
FACTUAL BACKGROUND
The cases concern the allegations of the applicants, one of whom
is a citizen of Bosnia and Herzegovina and the other a citizen of
Yugoslavia, that on 6 September 1996, while driving in the
Federation of Bosnia and Herzegovina near Sarajevo, they were shot
at and detained by soldiers of the Army of Bosnia and Herzegovina
(“BH Army”) and that they were detained without any legal basis
until 30 October 1996. R.G. claims that he suffered serious
gunshot wounds, that he was treated in hospital under a false name
(“Mustafa Osmanović”) and that after his release from hospital on
23 September 1996 he was detained in different places by the BH
Army. Mr. Matković claims that he was detained in various places
by the same army until 15 October 1996.
On 14 October 1996 an investigation was opened against the
applicants on suspicion that they had committed war crimes. On 15
October 1996, they were brought before a judge who ordered their
detention. On 30 October 1996 their release from detention was
ordered by the (then) Higher Court in Sarajevo and they were
released that day.
The applicants complained that their arrest and detention violated
various of their rights as protected by the European Convention on
Human Rights and that they were discriminated against in the
enjoyment of these rights on the basis of their Serb origin.
FINDINGS OF THE CHAMBER
Article 3 of the European Convention on Human Rights
The Chamber found that the treatment of the applicants during
their arrest and detention constituted a violation of their rights
to freedom of inhuman and degrading treatment and punishment, as
guaranteed by Article 3 of the Convention. In the case of the
applicant R.G., the Chamber found that the treatment he suffered
constituted torture, in violation of the same provision.
Article 5 of the Convention
In addition, the Chamber found that the applicants’ arrest and
detention constituted a violation of their rights to liberty and
security of person as guaranteed by Article 5 of the Convention.
Discrimination
The Chamber also found that both applicants had been discriminated
against in the enjoyment of the above rights on the ground of
their Serb origin.
REMEDIES
The Chamber ordered the Federation of Bosnia and Herzegovina
to pay to the applicant R.G. KM 25,000 as compensation
for moral damage and to pay KM 10,000 to the applicant
Mr. Matković in the same respect.
Decision delivered 9 June 2000
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