Human Rights in Croatia - Human Rights Violations 1991-1995

Human Rights Violations 1991-1995

Croatia's declaration of independence from the Socialist Federal Republic of Yugoslavia in June 1991 was followed by an armed conflict between the Croatian Army and Croatian Serb armed forces, aided significantly by the Yugoslav People's Army (Jugoslovenska narodna armija – JNA). In May 1992 Croatia gained international recognition as a UN member state.

From early 1991 to 1995 large parts of the country's territory, in particular areas bordering Bosnia and Herzegovina and Serbia with a significant or majority Croatian Serb population, were under control of the de facto Croatian Serb political and military leadership of the self-proclaimed autonomous Republic of the Serbian Krajina (Republika srpska krajina – RSK). In January 1992 a UN-brokered cease-fire came into effect and in April UN Protection forces (UNPROFOR) were stationed in the areas under Croatian Serb control (which became known as UN Sectors North, South, West and East).

In May and August 1995 the Croatian Army and police forces recaptured UN Sectors West, North and South, during operations "Flash" (Bljesak) and "Storm" (Oluja). During and after these military offensives, some 200,000 Croatian Serbs, including the entire RSK army, fled to the neighbouring Federal Republic of Yugoslavia (FRY) and areas of Bosnia and Herzegovina under Serb control (now the Republika Srpska entity).

In November 1995 the Croatian Government and the de facto Croatian Serb authorities signed the Basic Agreement on the Region of Eastern Slavonia, Baranja and Western Sirmium (Erdut Agreement). This agreement foresaw the peaceful return of the remaining UN Sector East to complete Croatian Government control by January 1998, following a period of interim management of the region by the UN Transitional Administration for Eastern Slavonia (UNTAES).

During the first stage of armed conflict in 1991 war crimes and crimes against humanity were perpetrated on a massive scale by Serbian forces, as well as by the JNA. These violations included murders, torture including rape, "disappearances", arbitrary detention and forcible expulsions. Instances of mass human rights violations, which are among the most serious in the 1991-1995 conflict, took place in November 1991 following the fall of the town of Vukovar in eastern Croatia. After a protracted and destructive siege of the city by the JNA, its eventual surrender was followed by grave human rights violations, including murders, "disappearances", torture including rape, and the forceful expulsion of a large part of the non-Serb population. The fate and whereabouts of many of those arrested and detained after the fall of Vukovar remain unknown. According to official data, over 500 people are still listed as missing in the Vukovar County region, many of whom are believed to have "disappeared" during or after the fighting.

Between 1991 and 1995, many of those members of the Croatian Serb armed forces believed to be responsible for human rights violations, while technically within the borders of the Republic of Croatia, were not within its effective control as the territory was held by the de facto Republic of Serbian Krajina.

The Croatian authorities, who remained in control of the largest part of the country, also failed to respect human rights, which was manifested in their restrictions on freedom of expression, unfair trials of political prisoners and torture and ill-treatment in police custody. Isolated events of retaliatory violence against the Serb population that stayed within the Croat controlled territory were frequent between 1991 and 1993, with the Gospić massacre of around 100 Serb civilians being the most severe single incident. From 1992 until the "Flash" and "Storm" operations in 1995, there was no major escalation or renewed full-scale armed conflict but instances of killings, torture and arbitrary detention continued to be reported mainly against the non-Serb population in the UN Sectors and elsewhere.

In the aftermath of operations "Flash" and "Storm" widespread human rights violations, in particular murders, torture, and forcible expulsions were committed by members of the Croatian Army and police against Croatian Serb civilians who had remained in the area, and to a lesser degree against members of the withdrawing Croatian Serb armed forces. These human rights violations met with vigorous international condemnation.