38 Europe and Central Asia Summary of Amnesty International’s Concerns in the Region, January – June 2007 in a second case, the so-called “Garage” case, which had been transferred to the Zagreb County Court in 2006. The indictment alleges that, in 1991, in his capacity as secretary of the Osijek Municipal Secretariat for National Defence and commander of the First Osijek Battalion, Branimir Glavaš failed to prevent his subordinates from detaining, ill-treating and killing civilians and directly participated in some of the crimes. Also in May, the Croatian Supreme Court decided the transfer of the “Sellotape” case as well to Zagreb, following a request by the Chief State Prosecutor, aimed inter alia at reducing pressure on witnesses. Branimir Glavaš had formerly been a local leader of the ruling Croatian Democratic Union (Hrvatska demokratska zajednica, HDZ) Party in the Osijek region. In a separate case, after proceedings at the Osijek County Court which ended in March, two former members of Croatian forces were sentenced to 14 and three years’ imprisonment for their roles in war crimes, including murders, committed against Croatian Serbs in the Osijek region in 1991. Despite significant developments with regard to crimes committed against Croatian Serbs in Osijek, in other areas there was no progress in tackling impunity for crimes allegedly committed by members of the Croatian Army and police forces. Proceedings in Sisak, for example, remained still at the “pre-investigative” stage. According to local organizations, more than 100 people, mostly Croatian Serbs, were victims of murders or enforced disappearances allegedly committed in 1991-92 by Croatian forces. In June the trial started at the Zagreb County Court against Rahim Ademi and Mirko Norac. The accused are former Croatian Army commanders and are suspected of having committed war crimes against Croatian Serbs during military operations in the so-called “Medak pocket” in 1993. Their case had been transferred by the Tribunal to Croatia in November 2005. Amnesty International Missing persons and enforced disappearances (update to AI Index: EUR 01/001/2007) Despite the recent creation in 2006 of a unified list of approximately 2,100 persons who went missing during the war, in various public statements, the Croatian authorities continued to claim that they were still searching for approximately 1,100 missing persons, mostly from the first phase of the 1991-95 war. This figure does not include people, mostly Croatian Serbs, who went missing during military operations “Storm” and “Flash” in 1995. Many of those reported as missing are believed to be victims of enforced disappearances. Impunity for these crimes, especially with regard to those allegedly committed by the Croatian Army and Croatian police forces, remained widespread. In June the remains of approximately 160 people, were reportedly exhumed from a mass grave in the town of Petrinja. The mortal remains were believed to be those of Croatian Serbs killed during military operation “Storm”. Right to return (update to AI Index: EUR 01/001/2007) At least 300,000 Croatian Serbs left Croatia during the 1991-95 war, of whom only approximately 130,000 are officially registered as having returned. This figure is widely considered to be an overestimation of the real numbers of those who have returned and remained in Croatia. A survey commissioned by the United Nations High Commissioner for Refugees (UNHCR) and published in May estimated that less than half of registered returnees live in Croatia. Croatian Serbs continued to be victims of discrimination in access to employment and in realising other economic and social rights. Many Croatian Serbs, especially those who formerly lived in urban areas, could not return because they had lost their occupancy/tenancy rights to socially-owned apartments. Implementation of existing AI Index: EUR 01/010/2007

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