Local Justice – Tuzla: Detainees’ Lawsuits Rejected

Jasmin Meskovic, President of the Association of Detainees in Tuzla, said that their biggest problems were related to the refusal of their lawsuits filed with courts in Bijeljina and Banja Luka. As he said, those courts were rejecting their lawsuits due to the expiry of statute of limitations. “Courts in the Federation of Bosnia and Herzegovina and RS do not treat detainees in the same manner,” Meskovic said, explaining that a medical expert examination cost 500 Marks in RS and between 80 and 250 Marks in courts in the Federation. Amir Mesic, attorney of the Association of Detainees of Tuzla Canton, says that the percentage of detainees who win lawsuits and get compensation for non-material damage, is much higher in the Federation than in RS. “All medical documents, which are included in case files, are undisputable. The interpretations by all first instance courts in RS are disputable though, because they do not accept the fact that the absolute statute of limitations for this type of damage expires in 20 years. RS courts consider that the statute of limitations expires in three years or five years, objectively,” Mesic explained. Mesic said that, in regard to most of the lawsuits filed in 2007, the RS courts determined that the objective statute of limitations had expired, so they rendered verdicts, rejecting those lawsuits. Despite such verdicts, the Association of Detainees of Tuzla Canton points out that they will continue fighting for their rights at the Court in Strasbourg.

A.M.