Prisoner Exchange Agreement
Export agreement coding (PDF)- Country/entityCroatia
Yugoslavia (former) - RegionEurope and Eurasia
Europe and Eurasia - Agreement namePrisoner Exchange Agreement
- Date6 Nov 1991
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ( )
- StagePre-negotiation/process
- Conflict natureGovernment/territory
- Peace processCroatia negotiation process
- PartiesDeputy Minister of Defence of the RH (Republic of Croatia): Ivan Milas
Plenipotentiary of the OS (Armed Forces) of the SFRY: Lieutenant General Andrija Raseta - Third partiesAmbassador Dirk-Jan Van Houten
- DescriptionThis agreement provides for a mutual prisoner exchange, facilitated by the International Committee of the Red Cross and in the presence of European Community observers.
- Agreement document
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.
- FamilyPage 1, 8.
The signatories of the agreement formally undertake not to exercise any kind of repression against prisoners who refuse to return, or against their families;
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 societyPage 1, 3.
Each side will hand over to the other a list of all prisoners, with details of the place where the prisoners are detained, and both sides will provide a representative of the International Committee of the Red Cross (ICRC) with copies of these lists;
Page 1, 4.
The signatories of this agreement agree that the exchange of prisoners will take place immediately after the International Committee of the Red Cross (ICRC) has registered and visited the prisoners in accordance with the special criteria of the ICRC;
Page 1, 5.
The signatories of the agreement shall accept the list of prisoners registered by the ICRC as authoritative;
Page 1, 6.
The signatories of the agreement agree that no prisoner will be returned against his or her will, and that every prisoner will be given the opportunity to declare his or her will to a representative of the ICRC;
Page 1, 11.
The signatories undertake to place all prisoners under the protection of the International Committee of the Red Cross (ICRC) immediately, and to abide by the requirements and standards of the International Red Cross in all respects regarding the treatment and accommodation of prisoners;
Page 1, 13.
In the event of a dispute regarding the interpretation and application of this agreement the decision of the International Committee of the Red Cross (ICRC) shall be final. - 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
No specific mention.
- DDR
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forces
No specific mention.
- 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 releasePage 1,
On the exchange of prisoners, or persons deprived of their liberty, in armed conflicts in the Republic of Croatia or in connection with these clashes, in accordance with the following...
Page 1, 1.
Both sides concur that they will exchange all prisoners or persons deprived of their liberty on the principles of all for all;
Page 1, 2.
The term “prisoner” shall be held to include all persons deprived of their liberty who are in prisoner, detention facilities or prison camps, regardless of whether criminal or any other proceedings have been initiated against them, indictments issued or a final judgement or first-instance delivered, regardless of the territory in which they are located or the place they were taken prisoner, deprived of freedom, suffered restrictions on movement, or were held hostage;
Page 1, 3.
Each side will hand over to the other a list of all prisoners, with details of the place where the prisoners are detained, and both sides will provide a representative of the International Committee of the Red Cross (ICRC) with copies of these lists;
Page 1, 4.
The signatories of this agreement agree that the exchange of prisoners will take place immediately after the International Committee of the Red Cross (ICRC) has registered and visited the prisoners in accordance with the special criteria of the ICRC;
Page 1, 5.
The signatories of the agreement shall accept the list of prisoners registered by the ICRC as authoritative;
Page 1, 6.
The signatories of the agreement agree that no prisoner will be returned against his or her will, and that every prisoner will be given the opportunity to declare his or her will to a representative of the ICRC;
Page 1, 7.
The signatories of the agreement undertake not to exercise any kind of pressure on prisoners with regard to persuading them to reject or accept their return;
Page 1, 8.
The signatories of the agreement formally undertake not to exercise any kind of repression against prisoners who refuse to return, or against their families;
Page 1, 9.
The signatories of the agreement agree that the exchange of prisoners will also be conducted in the presence of European Community observers;
Page 1, 10.
The signatories of the agreement agree that they will commence the exchange of prisoner lists immediately, and will appoint persons authorised to conduct the exchange, within a period of two days from the signing of the agreement;
Page 1, 11.
The signatories undertake to place all prisoners under the protection of the International Committee of the Red Cross (ICRC) immediately, and to abide by the requirements and standards of the International Red Cross in all respects regarding the treatment and accommodation of prisoners;
Page 1, 12.
The persons authorised under item 10 of this agreement will provide a detailed description of any unclear issues that may present themselves during the implementation of the agreement. - Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- Reconciliation
No specific mention.
Implementation
- UN signatory
No specific mention.
- Other international signatoryAmbassador Dirk-Jan Van Houten
- Referendum for agreement
No specific mention.
- International mission/force/similarPage 1, 9.
The signatories of the agreement agree that the exchange of prisoners will also be conducted in the presence of European Community observers; - Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- SourceICTY Court Records, Mrksic trial exhibit 00869
http://icr.icty.org/
The Government of the Republic of Croatia, represented by Ivan Milas, Deputy Minister of Defence, and the Armed Forces of the Socialist Federative Republic of Yugoslavia (SFRY), represented by Andrija Rašeta, Lieutenant General, having expressed their positions, have concluded the following
AGREEMENT
On the exchange of prisoners, or persons deprived of their liberty, in armed conflicts in the Republic of Croatia or in connection with these clashes, in accordance with the following:
1. Both sides concur that they will exchange all prisoners or persons deprived of their liberty on the principles of all for all;
2. The term “prisoner” shall be held to include all persons deprived of their liberty who are in prisoner, detention facilities or prison camps, regardless of whether criminal or any other proceedings have been initiated against them, indictments issued or a final judgement or first-instance delivered, regardless of the territory in which they are located or the place they were taken prisoner, deprived of freedom, suffered restrictions on movement, or were held hostage;
3. Each side will hand over to the other a list of all prisoners, with details of the place where the prisoners are detained, and both sides will provide a representative of the International Committee of the Red Cross (ICRC) with copies of these lists;
4. The signatories of this agreement agree that the exchange of prisoners will take place immediately after the International Committee of the Red Cross (ICRC) has registered and visited the prisoners in accordance with the special criteria of the ICRC;
5. The signatories of the agreement shall accept the list of prisoners registered by the ICRC as authoritative;
6. The signatories of the agreement agree that no prisoner will be returned against his or her will, and that every prisoner will be given the opportunity to declare his or her will to a representative of the ICRC;
7. The signatories of the agreement undertake not to exercise any kind of pressure on prisoners with regard to persuading them to reject or accept their return;
8. The signatories of the agreement formally undertake not to exercise any kind of repression against prisoners who refuse to return, or against their families;
9. The signatories of the agreement agree that the exchange of prisoners will also be conducted in the presence of European Community observers;
10. The signatories of the agreement agree that they will commence the exchange of prisoner lists immediately, and will appoint persons authorised to conduct the exchange, within a period of two days from the signing of the agreement;
11. The signatories undertake to place all prisoners under the protection of the International Committee of the Red Cross (ICRC) immediately, and to abide by the requirements and standards of the International Red Cross in all respects regarding the treatment and accommodation of prisoners;
12. The persons authorised under item 10 of this agreement will provide a detailed description of any unclear issues that may present themselves during the implementation of the agreement.
13. In the event of a dispute regarding the interpretation and application of this agreement the decision of the International Committee of the Red Cross (ICRC) shall be final.
At Zagreb
6 November 1991
Deputy Minister of Defence of the RH (Republic of Croatia): Ivan Milas
Plenipotentiary of the OS (Armed Forces) of the SFRY:
Lieutenant General Andrija Raseta
Ambassador Dirk-Jan Van Houten