Agreement

  • Country/entity
    Bosnia and Herzegovina
    Yugoslavia (former)
  • Region
    Europe and Eurasia
    Europe and Eurasia
  • Agreement name
    Agreement
  • Date
    17 Mar 1994
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Balkan Conflicts (1991 - 1995) (1998 - 2001) )
  • Stage
    Pre-negotiation/process
  • Conflict nature
    Government/territory
  • Peace process
    Bosnia peace process
  • Parties
    Hasan Muratovic, RBH State Commission, Deputy Chairman; Berislav Pusic, Head, HVO Service for the Exchange of Prisoners
  • Third parties
    Witnessed by: E.Sarabia, Major, G5, HQ SSW; L.Gaddis, Captain, SOG5
  • Description
    This agreement provides for the release of prisoners by the RBH Army and the HVO from locations in central Bosnia, to be assisted and facilitated by the ICRC. It also provides for the safe take off of UNPROR Spanish Battalion helicopters and safe flight over HVO territory.


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons

    No specific mention.

  • Social class

    No specific mention.


Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 1, 1.2.
    The RBH Army Commission for the Exchange of Prisoners of War in Mostar shall prepare a list of individuals to be released from the Heliodrom prison and submit it to the HVO Commission for Exchange and the ICRC not later than on 18 March 1994. The HVO Commission for Exchange shall do the same.

    Page 1, 2.2.
    On the same date, all isolated individuals shall be evacuated from Rotilj to the RBH Army controlled territory, including those who are currently at the French Battalion Base in Ćatići and the 32 HVO members released from prison who are currently in Vareš in the RBH Army-controlled territory. This will be done solely on the basis of free will of these individuals that they will express when representatives of the ICRC come to interview them.

    Page 1, 3.2.
    Prior to the deadline mentioned under item 3.1., and in compliance with the HVO request, the ICRC shall visit Tarčin and the village of Mjehurići near Travnik in order to verify whether any Croats are being held in captivity on these locations.
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction

    No specific mention.

  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire

    No specific mention.

  • Police

    No specific mention.

  • Armed forces
    Page 1, 1.1.
    On Saturday, 19 March 1994, 73 prisoners from the prison in Mostar, 294 prisoners from the prison under the control of by the RBH Army in Bugojno, and 500 members of the RBH Army from the Heliodrom prison (Rodoč), shall be released simultaneously.

    Page 1, 1.2.
    The RBH Army Commission for the Exchange of Prisoners of War in Mostar shall prepare a list of individuals to be released from the Heliodrom prison and submit it to the HVO Commission for Exchange and the ICRC not later than on 18 March 1994. The HVO Commission for Exchange shall do the same.

    Page 1, 1.3.
    HVO undertakes to allow the take-off of two helicopters /illegible/ SPABAT /Spanish Battalion/ in Medjugorje and ensure safe flight over the HVO-controlled territory in keeping with the previous agreement reached between the RBH Army and HVO commanders. If technical inspection and repairs of the helicopters cannot be completed by the above mentioned date, the take-off shall take place immediately after inspection, or after repairs at the latest.

    Page 1, 2.1.
    On Tuesday, 22 March 1994, HVO shall release all prisoners held in all prisons under the HVO control in Herzegovina (Heliodrom, Ljubuški VIZ /Military Remand Prison/, Čapljina, Prozor, and possibly others), with the exception of prisoners from Central Bosnia (Žepče, Novi Šeher, Maglaj, Zenica, etc.) held in Helidrom prison. The RBH Army shall release six prisoners from the prison in Gornji Vakuf.

    Page 1, 2.2.
    On the same date, all isolated individuals shall be evacuated from Rotilj to the RBH Army controlled territory, including those who are currently at the French Battalion Base in Ćatići and the 32 HVO members released from prison who are currently in Vareš in the RBH Army-controlled territory. This will be done solely on the basis of free will of these individuals that they will express when representatives of the ICRC come to interview them.

    Page 1, 3.1.
    On Thursday, 24 March 1994, parties to this Agreement shall meet again in Gornji Vakuf in order to agree the release of all the remaining prisoners held in prisons in Central Bosnia by the RBH Army and HVO, as well as the prisoners from Central Bosnia held in the Heliodrom prison.
  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 1, 1.2.
    The RBH Army Commission for the Exchange of Prisoners of War in Mostar shall prepare a list of individuals to be released from the Heliodrom prison and submit it to the HVO Commission for Exchange and the ICRC not later than on 18 March 1994. The HVO Commission for Exchange shall do the same.

    Page 1, 1.3.
    HVO undertakes to allow the take-off of two helicopters /illegible/ SPABAT /Spanish Battalion/ in Medjugorje and ensure safe flight over the HVO-controlled territory in keeping with the previous agreement reached between the RBH Army and HVO commanders. If technical inspection and repairs of the helicopters cannot be completed by the above mentioned date, the take-off shall take place immediately after inspection, or after repairs at the latest.

    Page 1, 2.1.
    On Tuesday, 22 March 1994, HVO shall release all prisoners held in all prisons under the HVO control in Herzegovina (Heliodrom, Ljubuški VIZ /Military Remand Prison/, Čapljina, Prozor, and possibly others), with the exception of prisoners from Central Bosnia (Žepče, Novi Šeher, Maglaj, Zenica, etc.) held in Helidrom prison. The RBH Army shall release six prisoners from the prison in Gornji Vakuf.

    Page 1, 2.2.
    On the same date, all isolated individuals shall be evacuated from Rotilj to the RBH Army controlled territory, including those who are currently at the French Battalion Base in Ćatići and the 32 HVO members released from prison who are currently in Vareš in the RBH Army-controlled territory. This will be done solely on the basis of free will of these individuals that they will express when representatives of the ICRC come to interview them.

    Page 1, 3.1.
    On Thursday, 24 March 1994, parties to this Agreement shall meet again in Gornji Vakuf in order to agree the release of all the remaining prisoners held in prisons in Central Bosnia by the RBH Army and HVO, as well as the prisoners from Central Bosnia held in the Heliodrom prison.

    Page 1, 3.2.
    Prior to the deadline mentioned under item 3.1., and in compliance with the HVO request, the ICRC shall visit Tarčin and the village of Mjehurići near Travnik in order to verify whether any Croats are being held in captivity on these locations.
  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release
    Page 1, 1.1.
    On Saturday, 19 March 1994, 73 prisoners from the prison in Mostar, 294 prisoners from the prison under the control of by the RBH Army in Bugojno, and 500 members of the RBH Army from the Heliodrom prison (Rodoč), shall be released simultaneously.

    Page 1, 1.2.
    The RBH Army Commission for the Exchange of Prisoners of War in Mostar shall prepare a list of individuals to be released from the Heliodrom prison and submit it to the HVO Commission for Exchange and the ICRC not later than on 18 March 1994. The HVO Commission for Exchange shall do the same.

    Page 1, 2.1
    On Tuesday, 22 March 1994, HVO shall release all prisoners held in all prisons under the HVO control in Herzegovina (Heliodrom, Ljubuški VIZ /Military Remand Prison/, Čapljina, Prozor, and possibly others), with the exception of prisoners from Central Bosnia (Žepče, Novi Šeher, Maglaj, Zenica, etc.) held in Helidrom prison. The RBH Army shall release six prisoners from the prison in Gornji Vakuf.

    Page 1, 2.2.
    On the same date, all isolated individuals shall be evacuated from Rotilj to the RBH Army controlled territory, including those who are currently at the French Battalion Base in Ćatići and the 32 HVO members released from prison who are currently in Vareš in the RBH Army-controlled territory. This will be done solely on the basis of free will of these individuals that they will express when representatives of the ICRC come to interview them.

    Page 1, 3.1.
    On Thursday, 24 March 1994, parties to this Agreement shall meet again in Gornji Vakuf in order to agree the release of all the remaining prisoners held in prisons in Central Bosnia by the RBH Army and HVO, as well as the prisoners from Central Bosnia held in the Heliodrom prison.

    Page 1, 3.2.
    Prior to the deadline mentioned under item 3.1., and in compliance with the HVO request, the ICRC shall visit Tarčin and the village of Mjehurići near Travnik in order to verify whether any Croats are being held in captivity on these locations.
  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory
    Witnessed by: E.Sarabia, Major, G5, HQ SSW (UNPROFOR)
  • Other international signatory
    Witnessed by: L.Gaddis, Captain, SOG5 (EC Monitor)
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 1, 1.3.
    HVO undertakes to allow the take-off of two helicopters /illegible/ SPABAT /Spanish Battalion/ in Medjugorje and ensure safe flight over the HVO-controlled territory in keeping with the previous agreement reached between the RBH Army and HVO commanders. If technical inspection and repairs of the helicopters cannot be completed by the above mentioned date, the take-off shall take place immediately after inspection, or after repairs at the latest.

    Page 1, 2.2.
    On the same date, all isolated individuals shall be evacuated from Rotilj to the RBH Army controlled territory, including those who are currently at the French Battalion Base in Ćatići and the 32 HVO members released from prison who are currently in Vareš in the RBH Army-controlled territory. This will be done solely on the basis of free will of these individuals that they will express when representatives of the ICRC come to interview them.
  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    ICTY Court Records, Prlic et. al trial exhibit P08084.E
    http://icr.icty.org/

At the meeting held on 17 March 1994 in Gornji Vakuf between representatives of the State Commission for the Exchange of Prisoners of War of the RBH /Republic of Bosnia and Herzegovina/ and the Service for the Exchange of Prisoners of War and Other Persons of the Croatian Defence Council /HVO/, in the presence of EC monitors, UNPROFOR HQ - South-West Sector, and representatives of the International Committee of the Red Cross /ICRC/ as witnesses, the parties reached the following

AGREEMENT

1.1. On Saturday, 19 March 1994, 73 prisoners from the prison in Mostar, 294 prisoners from the prison under the control of by the RBH Army in Bugojno, and 500 members of the RBH Army from the Heliodrom prison (Rodoč), shall be released simultaneously.

1.2. The RBH Army Commission for the Exchange of Prisoners of War in Mostar shall prepare a list of individuals to be released from the Heliodrom prison and submit it to the HVO Commission for Exchange and the ICRC not later than on 18 March 1994.

The HVO Commission for Exchange shall do the same.

1.3. HVO undertakes to allow the take-off of two helicopters /illegible/ SPABAT /Spanish Battalion/ in Medjugorje and ensure safe flight over the HVO-controlled territory in keeping with the previous agreement reached between the RBH Army and HVO commanders.

If technical inspection and repairs of the helicopters cannot be completed by the above-mentioned date, the take-off shall take place immediately after inspection, or after repairs at the latest.

2.1. On Tuesday, 22 March 1994, HVO shall release all prisoners held in all prisons under the HVO control in Herzegovina (Heliodrom, Ljubuški VIZ /Military Remand Prison/, Čapljina, Prozor, and possibly others), with the exception of prisoners from Central Bosnia (Žepče, Novi Šeher, Maglaj, Zenica, etc.)

held in Helidrom prison.

The RBH Army shall release six prisoners from the prison in Gornji Vakuf.

2.2. On the same date, all isolated individuals shall be evacuated from Rotilj to the RBH Army-controlled territory, including those who are currently at the French Battalion Base in Ćatići and the 32 HVO members released from prison who are currently in Vareš in the RBH Army-controlled territory.

This will be done solely on the basis of free will of these individuals that they will express when representatives of the ICRC come to interview them.

3.1. On Thursday, 24 March 1994, parties to this Agreement shall meet again in Gornji Vakuf in order to agree the release of all the remaining prisoners held in prisons in Central Bosnia by the RBH Army and HVO, as well as the prisoners from Central Bosnia held in the Heliodrom prison.

3.2. Prior to the deadline mentioned under item 3.1.,

and in compliance with the HVO request, the ICRC shall visit Tarčin and the village of Mjehurići near Travnik in order to verify whether any Croats are being held in captivity on these locations.

Amor MAŠOVIC, RBH State Commision, Deputy Chairman

Berislav PUŠIĆ, Head, HVO Service for the Exchange of Prisoners

Witnessed by:

E. SARABIA, Major, G5, HQSSW

L. GADDIS, Captain, SOG5