EU, OSCE call for investigation into disclosure of identity of protected witness

BIRN BiH

The EU Delegation in Bosnia and the OSCE have called for a thorough investigation after some media in Bosnia’s Serb-majority Republika Srpska (RS) region revealed the name of a witness who alleged that the RS Prime Minister was involved in war crimes.

Bosnia's Prosecutor's Office told N1 on Friday that its War Crimes Chamber formed a case against the Prime Minister of Bosnia's Republika Srpska (RS) entity, Radovan Viskovic after the investigative web portal Istraga.ba published an article which includes an audio recording from 2017 containing the testimony of protected witness M-16 in the case of ‘Miodrag Josipovic et al.’

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“Radovan Viskovic offered me money to relocate mass graves,” the witness told the Court. Istraga.ba also reported that the witness gave the exact same testimony in 2007.

The Public broadcaster of Bosnia’s semi-autonomous RS entity, as well as some other media, have meanwhile reported the name of the witness.

The Prosecutor's Office told N1 on Tuesday that they formed a case in regard to this as well and informed the competent institutions and services which provide witness protection and security about it.

The Prosecutor’s Office also said that it received a complaint against “certain employees of the Court and Prosecutor’s Office of Bosnia and Herzegovina” regarding the “disclosure of the identity of a protected witness and unauthorized transfer of documents.”

Revealing the identity of protected witnesses is a crime in Bosnia and Herzegovina and the European Commission Opinion on the country’s EU candidate status application emphasises the need for better protection of the identities of witnesses and victims, the EU Delegation told N1 on Wednesday.

“Revealing the identity of a protected witness represents a crime and we appeal to authorities to conduct an effective investigation, as well as to ensure the safety of the witness and the integrity of the witness protection mechanism. The media must apply professional and ethical standards in accordance with the law,” it said.

The Organisation for Security and Cooperation in Europe (OSCE) also called for a thorough investigation into the matter, arguing that any other potential witnesses could be deterred from providing testimonies due to the disclosure of the identity of the witness in this case.

“Justice cannot be achieved without the testimony of key witnesses. In sensitive trials such as war crimes proceedings, some witnesses are considered particularly vulnerable and must be protected by the authorities to ensure their safety and the integrity of their testimony,” the OSCE said, arguing that this is the reason why there are laws governing witness protection in place.

“All media, including public service broadcasters, must adhere to the highest standards of professional journalism and reporting. This includes full compliance with witness protection provisions in court reporting. In such cases, journalists have a serious responsibility to the public and those they report on; their professionalism is crucial to ensure that they do not endanger the lives, safety or well-being of victims, witnesses and others involved in the trial,” the organisation said.

Bosnia’s international administrator overseeing the civilian implementation of the 1995 Dayton Peace Agreement also commented on the case on Tuesday.

“According to the Criminal Code of Bosnia and Herzegovina, revealing the identity or information that could lead to revealing of the identity of a protected witness is a criminal offence,” the Office of the High Representative told N1, adding that “it is now up to the Prosecution to take legal action.”