PRESS RELEASE
Bosnia and Herzegovina: Withdrawal of citizenship
must not result in human rights violations
Helsinki Committee for Human Rights in
Bosnia and Herzegovina, the Amnesty International and the
International Committee for Human Rights expressed concern today
that the activities of the Bosnia and Herzegovina (BiH) State
Commission for the Revision of Decisions on Naturalization of
Foreign Citizens (Državna
komisija za reviziju odluka o naturalizaciji stranih državljana
– Commission), which began its work in March 2006, may result in
the transfer of persons to countries where they would be at risk
of grave human rights violations.
According to the Law on Amendments to the Law on Citizenship of
Bosnia and Herzegovina (Zakon o izmjenama i dopunama zakona o
državljanstvu Bosne i Hercegovine), which entered into force
in November 2005, the Commission is tasked with reviewing the
status of citizens who acquired BiH citizenship between 6 April
1992 and 1 January 2006.
The Commission can propose to the BiH Council of Ministers to
withdraw the citizenship of, among others, those who are deemed
to have obtained it not in accordance with the relevant
regulations, or on the basis of false information, in those
cases where the individuals affected would not be rendered
stateless.
Reportedly, the activities of the Commission may affect
approximately 1,500 individuals, many of whom are reported as
having come to BiH to join Bosnian Muslim (Bosniak) forces as
volunteer foreign fighters during the 1992-95 war, or to work
for Islamic charities during and after the war.
Amnesty International, the International Committee for Human
Rights and the Helsinki Committee for Human Rights in Bosnia and
Herzegovina are concerned that decisions by the Council of
Ministers to withdraw citizenship may not be subject to an
effective appeal and urge the authorities in BiH to ensure that
all procedural safeguards, including the right to appeal, are
put in place to guarantee that decisions on withdrawal of
citizenship are taken in accordance with principles of due
process.
Moreover, International Committee for Human Rights, the Helsinki
Committee for Human Rights in Bosnia and Herzegovina and the
Amnesty International urge the authorities in BiH to ensure that
those whose citizenship may be withdrawn are not deported,
extradited or otherwise transferred to any country where they
may be at risk of human rights violations, including the death
penalty, torture or inhuman or degrading treatment or
punishment.
As recognized in the jurisprudence of the European Court of
Human Rights, any transfer to a country where the individual
concerned would be subjected to torture or inhuman or degrading
treatment or punishment, would be in violation of Article 3 of
the European Convention for the Protection of Human Rights and
Fundamental Freedoms (ECHR). BiH became a state party to the
ECHR on 12 July 2002.
No:
02-03/2006
Sarajevo, June 15, 2006
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