 |
VIEW
THIS PAPER in its published format
- 149KB, pdf format
Security
and Intelligence Services in Bosnia and Herzegovina
Ivo
Lučić
Zagreb,
Croatia
ABSTRACT
The author chronicles
the history of the security-intelligence system of Bosnia
and Herzegovina. He deals with the beginnings of the services'
activities, the laws and regulations passed during the
past 55 years, and the key political processes and events
which influenced the development of the security-intelligence
system and society as a whole. He also discusses the conditions
and background under which the socialist security system
collapsed at the onset of the war in Bosnia and Herzegovina,
and explains how the new service emerged. The author analyzes
the affairs which damaged the reputation of the service,
and how the fear and mistrust created by the failure to
resolve them led to the final legal regulation governing
the activities of the service. Bosnia and Herzegovina
was divided by the Dayton Agreements into the Federation
of Bosnia and Herzegovina and Republika Srpska. Two discrete
services exist in the Federation (one the Croatian SNS
and the other the Bosniac AID). Republika Srpska's entity
is the Service of State Security. There is no cooperation
between these three services, although criminality and
terrorism are on the rise. The author's conclusion is
that the law which has been formulated on intelligence-security
services in the Federation must be immediately adopted,
and better cooperation must be established with Republika
Srpska. As is the case with all similar services, the
goal should be lasting stability and peace in the region.
Introduction
Until
its independence and international recognition on 7 February
1992, Bosnia and Herzegovina was one of six republics
of the Socialist Federative Republic of Yugoslavia. Therefore,
its security and intelligence system is best examined
in the context of the Yugoslav system, a system that emerged
at the time when the first partisan units were formed
in the former Kingdom of Yugoslavia1.
Different forms of intelligence, counterintelligence and
security operations were in place in the territory of
Bosnia and Herzegovina as early as 1941. They continued
without interference until May 1942, when the Supreme
Command of the People's Liberation Partisan Army of Yugoslavia
issued the first "Instruction on Organising the Intelligence
and Counterintelligence Service in the Partisan Units."2
In November 1942, the Supreme Commander of the People's
Liberation Army (NOV) and the Partisan Forces of Yugoslavia
(POJ) issued the "Instruction concerning the Structure
and Basic Tasks of the Intelligence Service on the Liberated
and Non-Liberated Territories." This established
a single intelligence organization covering intelligence
and counterintelligence operations and subordinated the
entire organization to the Second (Intelligence) Division
of the Supreme Command3.
At
the command of the NOV and POJ Supreme Commander on 13
May 1944, the Department for the Protection of the Nation
(OZNA) was established at the Commission for the People's
Defense of the National Committee of Liberation of Yugoslavia.
OZNA thus became a centralised security and intelligence
organization with a single structure and uniform working
methods throughout the territory that was later to become
Yugoslavia.4
OZNA was organised in four divisions: the first was in
charge of operations abroad and on the occupied territory;
the second operated on the liberated territory; the third
had counterintelligence tasks in the NOV and POJ; and
the fourth dealt with statistical and technical issues.5
On
15 August 1944, shortly after OZNA had been established,
the National Committee of Liberation of Yugoslavia established
the Corps of National Defense of Yugoslavia (KNOJ), a
quasi military police.6
KNOJ was subordinated to the Commissioner for People's
Defense, who exercised command through the OZNA chief.
In May 1945, at the end of the war, KNOJ had seven divisions
and three autonomous brigades. In January 1953, its operations
were assumed by border units and People's Militia.7
Once
the Constitution of the Federative People's Republic of
Yugoslavia (FNRJ) had been passed on 31 January 1946,
security and intelligence services were reorganised. In
March 1946, the First and the Second OZNA Divisions merged
to form the State Security Service (UDB) at the Ministry
of Internal Affairs; the Third OZNA Division was transformed
into the Counterintelligence Service of the Yugoslav Army
(KOS) as the Ministry of People's Defense. On September
14, 1955, by the direction of the Supreme Commander, KOS
became a security service of the Yugoslav People's Army
(JNA). Military police forces were formed at the same
time.8
Pursuant
to the 1953 Constitutional Act, the 1955 Law Concerning
the Regulation of Municipalities and Counties, and the
1956 Law Concerning the Organs of Internal Affairs, the
state security affairs fell within the exclusive competence
of the Federation. While the 1963 Constitution and the
1965 Law on Internal Affairs left state security under
control of the Federation, the competence of other bodies
(public security and militia) was transferred to municipal
administrative bodies.9
Taking
into account the development of the security and intelligence
services described, at the beginning of the 60s the Yugoslav
security system was characterised by a centralised state
security organization at the federal level, and a partially
decentralised public security organization. The fact that
the development of the security system lagged behind general
social developments, (it even tried to hamper them), led
to a critical event that created radically new relations
in the former Yugoslavia. The event - the Brijuni plenary
- proved critical for the further development of the security
system, paving the way for a partial "democratization"
of Yugoslavia. At the Fourth Session of the Central Committee
of the Yugoslav Communist Party (CK SKJ) held on 1 July
1966, a commission of the Executive Committee of the CK
SKJ submitted its report.10
It stated obliquely that the State Security Service had
not been operating in conformity with the law; it had
isolated itself and become deformed.11
The partial "democratization" of Yugoslavia,
triggered by the Brijuni plenary, took place only within
the Communist Party and had a significant impact on further
developments in the SFRY. Therefore, it could be said
that the beginning of Yugoslavia's democratization was
the beginning of its end.
In
order to define accurately the character of these services
and the entire system, one must analyze the ethnic composition
of the leadership, service officials, and the political
and ideological profiles. This paper will now address
these issues by concentrating on the security and intelligence
system in Bosnia and Herzegovina.
The
Beginning of the Changes and the Emergence of the State
Security Service in Bosnia and Herzegovina
The
Brijuni plenary (the 4th Session of the CK SKJ) was decisive
in that it helped to crush the resistance to state decentralization.
The 1967 and 1971 constitutional amendments (the Basic
Law on Internal Affairs of 1 January 1967 and the Constitution
of 21 February 1974) mandated that the responsibility
for protecting the constitutional order and state security
lay not only with the federation, but also the republics.
They also defined in detail the scope, organization, and
working methods of the State Security Service (SDB), making
it an autonomous professional service at the Federal Secretariat
(Ministry) for Internal Affairs.12
Although
their areas of activity, organization, and working methods
had been more precisely defined, the republic-level services
could not yet be considered autonomous. For one, the state
security theoreticians complained of "the abolition
of the state monopoly over the exercise of powers and
affairs of security and nationalisation, which have been
transferred to the framework of social self-protection,
thus imparting a new character to public security".13
Also, they cautioned about the federal law, which designated
the organs in the republics and provinces that were authorised
to deal with state security.14
Article
8 of the new law regulating the basic features of the
state security system15
enabled the SFRY Presidency to hire the federal service
at its own initiative for security reasons, or to organise
or perform tasks for state security protection on the
territory of the SFRY . Not only did the republic-level
security organs occupy a weak position; there also existed
a parallel military system of security that came within
the competence of the Federation; it held a firm subordinate
position and partially overlapped with the civil security
system.16
Another federal intelligence service, established in 1947
and called the Service for Investigation and Documentation
(SID), was part of the Secretariat of Foreign Affairs.17
This indicates that republic-level services were practically
impotent, left with few powers to exercise.
Triggered
by the 4th CK SKJ session, the political changes resulted
primarily in a partial degree of federalisation; that
is, decentralisation of the Party itself (manifesting
itself first in the changed sequence of party congresses
and later in the introduction of parity for the forming
of the SKJ leadership.)18
However, these changes led to the emergence of prominent
political movements, which resulted in the adoption of
a new SFRY Constitution on 21 February 1974.19
Although the adopted Constitution was "more of a
vision than a regulation of the new state of affairs"20,
it established the foundations for the creation of new
relations in the federation. For it was on the basis of
this Constitution that new states emerged from the former
SFRY republics, pressured by an aggressive and hegemonic
Serbian nationalism.
The
promulgation of the SFRY Constitution21
- on 25 February 197422
- was followed four days later by the Constitution of
the Socialist Republic of Bosnia and Herzegovina (SR BIH).
The introductory part of the SR BIH Constitution stated
the basic principles:
"In
the course of the revolutionary struggle of the working
class and of all the working people of Yugoslavia -
headed by the Communist Party - in the people's liberation
war and the socialist revolution, the working class,
the working people and the nations of Bosnia and Herzegovina
- Serbs, Muslims, Croats and members of other nations
and ethnicities, together with other nations and ethnicities
of Yugoslavia - established a revolutionary people's
democratic government and created the People's Republic
of Bosnia and Herzegovina within the Federative Republic
of Yugoslavia."23
This
statement defines the political and social environment
in which the State Security operated. Such a totalitarian
- revolutionary - one-party system would only tolerate
a service that matched its character.24
In "The theses", one of the manifestos of the
State Security Service of the Socialist Republic of BIH
- SDB, it presents and imposes its views on the future.25
The
Ideological Profile, the Mode and Methods of Activity
"The
Theses" were devised by the Republic Secretariat
of Internal Affairs (RSUP) in Sarajevo and approved by
the Central Committee of the Communist Party of Bosnia
and Herzegovina (CK SK BIH). They were to serve as a primer
for "professional politicians" when preparing
public lectures; the intent was to create informed citizens,
ones more active and responsible concerning state security.
"The Theses" were given to the municipal communist
committees who held lectures, but only for the members
of the Communist Party.
Page
1. "The Theses" discuss the role of the SDB
in society, the conclusions of the CK SKJ Executive Committee
concerning the SDB, and the obligation of citizens (Communists)
to be alert and confront the enemy. Page 2. The enemy
is a potential aggressor whose mission is to destabilise
Yugoslavia and "threaten its sovereignty and integrity".
To ensure accuracy and credibility, the second paragraph
on page 2 states:
"Who
the possible aggressor might be is not an unknown fact.
It is Italy and Greece, with the support and incitement
by Anglo-Americans and some other NATO members. In their
plans of aggression (both political and military ones),
intelligence services undoubtedly count on the mobilisation
of the hostile part of the political emigration and on
the treacherous role intended for the extremist remnants
of the class enemy in the country."26
The
State Security Service of the Socialist Republic of Bosnia
and Herzegovina, the services of the former Yugoslav republics,
and the Federal Service, were controlled by the Communist
Party. Their role was to serve the Party, safeguard, and
consolidate its power. Only Party members worked for these
Services. Interesting was the SDB BIH practice of processing
citizens who were members of the Communist Party. Before
such activity, "verification" was required from
the CK SK BIH.27
The Party had to give its consent. The year 1986 will
illustrate how the State Security Service of Bosnia and
Herzegovina operated. 1986 is distanced from the so-called
"Dark Ages" and is not too close to the incipient
multi-party system and democracy.28
Thus it can reveal how the Service operated between 1974
and 1990 and the methods it used.
In
1986, the State Security Service in Bosnia and Herzegovina
had 589 employees, which was 87.39% of the 674 employees
projected. Of these, 61.63% had university degrees. Apart
from the operational staff, the Service had a reserve
force of 646, who would be activated in the Service in
the case of war. The 1986 report shows that the Service
engaged in the following activities: neutralising foreign
intelligence service operations; neutralising enemy emigration
operations; neutralising internal enemy operations; providing
security and protection to certain persons and facilities;
and making defense preparations. Also mentioned was cooperation
with the federal state security service, the republic-level
Ministry of Internal Affairs, the provincial Ministry
of Internal Affairs, law enforcement bodies, inspection
services, and other entities for people's defense and
social self-protection.29
During
1986, the State Security Service of Bosnia and Herzegovina
identified "hostile activity" by 2,645 citizens
of Bosnia and Herzegovina, all first offenders. Therefore,
2,645 new enemies were identified; that is 95 more than
in 1985 when "only" 2,550 were accused. However,
only 155 were processed by the Service. Another 140 were
dropped from the list. Thus, in 1986, 1,052 persons were
processed: 123 persons for "counterintelligence issues";
499 for "enemy emigration"; and 430 as "internal
enemies."30
To achieve these results, the Service hired 176 new associates
and 127 operative connections. At the same time, it dismissed
100 associates and 147 operative connections. The Service
ended 1986 with 1,645 information sources, of whom 1,049
were associates and 596 operative connections. During
the year, 94 operative combinations were carried out,
"aimed at making a more direct operative contact
between the Service and the enemy in order to improve
the quality of monitoring the enemy's activity."
The Service conducted 13,123 interviews with 9,944 persons,
88 of whom were foreigners. They searched the premises
of 134 citizens, confiscated the passports of 83 citizens,
and forced 21 foreigners out of the country.31
For the purposes of other services and security bodies,
they carried out 28,505 full and partial checkouts.
The
following paragraph will clarify the Service's working
methods, some of which are still in use:32
"Based
on the obtained information concerning the whereabouts
and the relations between extremists in certain groupings
and organizations of enemy emigration, certain preventive
measures were taken with the aim of initiating new and
deepening the existing conflicts and suspicions, cushioning
the subversive and propaganda effects of some emigrant
manifestations and meetings, etc. Thus, measures to
discredit 154 extremists were planned and taken among
emigrants and foreign police forces, including measures
aimed at alarming and misinforming, which helped to
fully or partially neutralise them. As a part of a counter-propaganda
action, different written materials were delivered to
175 addresses, which helped to disrupt the unity and
rendered impossible the grouping of some extremist forces
of Fascist and Cominformist emigration".33
During
1986, the Service of Bosnia and Herzegovina sent 2,440
security interest items to the federal service, to the
services of the other Yugoslav republics and provinces,
and to the JNA security bodies.34
Furthermore, 718 telephones were wiretapped and 488 flats
and other premises bugged. These operations were part
of the measures taken by the SDB BIH in 1986. As a result,
the service filed criminal charges against seven persons
and misdemeanour charges against two.35
Clearly,
even under the legislation of the time, the intensity
of the measures was disproportionate with the results
achieved. Therefore, the State Security Service of Bosnia
and Herzegovina was deemed oppressive and non-democratic.
This conclusion was based on the official information
and viewpoints of the service itself.
In
1976, the State Security Service (SDB) of the BIH Secretariat
of Internal Affairs developed the "Overview of Ustaše
Extremists According to the Countries of Their Residence,"
from which it selected 1,560 persons of interest. The
data indicate that the Mostar sector was the best at "discovering
the whereabouts of Ustaše extremists," half of whom
were illiterate, and only 111 were high school or university
graduates. Mostar conducted about half of the operative
processing (205 out of 453). In its out-of-country operations
during 1976, the SDB used 97 associates and 178 operative
connections.36
The
Mostar sector of state security created a nightmare for
the Croats in Herzegovina, who found it difficult to accept
Yugoslavia as their state and impossible to accept the
Communist totalitarian regime. The terror of the Kingdom
of Yugoslavia, followed by the war and post-war crimes
of the revenge-seeking Communists affected all Croats
in Bosnia and Herzegovina and resulted in mass emigration.
The emigration was partly political, but mostly economic
(harsh living conditions and no prospects).
Every
association and activity of Croats abroad was treated
as hostile, extremist and, most frequently, fascist. The
experience of one Croat emigrant will illustrate this.
According to the Service, which got its information from
the Yugoslav Embassy, this person was a member of the
Executive Committee of the Society for the Prevention
of Cancer. Another emigrant organization (Croatian Revolutionary
Brotherhood - (HRB) also worked under the cover of such
a society; therefore, the Service assumed the emigrant
was a member of this "terrorist" organization.37
This is only one of many instances of the Service terrorising
its own citizens and violating human rights; it is also
thought to be responsible for numerous crimes committed
in the country and abroad, starting with the post-war
killings38
and numerous murders committed in recent times. The SDB
of the former Yugoslavia is suspected of the murder of
86 and disappearance of 5 Croatian emigrants throughout
the world. These crimes were committed between 1946 and
1990.39
These
charges have been only partially proven. The main reasons
for this are the lack of documentation and inaccessibility
of crucial witnesses. Another reason is the illegal and
non-professional activity of "the hunters of UDBA
agents," who, for different motives, complicated
and politicized what was a great tragedy of the Croatian
people. Still, Croats and other nations of Yugoslavia
were victims of terror carried out by the former Yugoslav
regime and executed through its intelligence and security
apparatus.
The
SDB rules of activity regulated the means and methods
of the state security service. The latest rules, operative
also in Bosnia and Herzegovina, were adopted by the Federal
Secretary (Minister) of Internal Affairs on 27 July 1990.40
These rules were then adapted to the democratic changes
and differed considerably from the ones of 6 January 1989.
The
Structure of the State Security Service of the Republic
Secretariat of Internal Affairs of Bosnia and Herzegovina
The
Republic Secretary (Minister) of Internal Affairs of Bosnia
and Herzegovina signed "the Rules on the Internal
Structure of the State Security Service of the Republic
Secretariat of Internal Affairs of the Socialist Republic
of Bosnia and Herzegovina"; they were in force on
1 March 1990, having been approved by the Executive Council
of the Assembly of the Socialist Republic of Bosnia and
Herzegovina (the Government) at its special 440th session.41
These were the last rules concerning the structure of
the SDB of BIH; with their adoption, the Service experienced
its first free and democratic election.
The
Decision set the number of Service employees at 735.42
The Service was to be "run" by the under-secretary,
assisted by a board comprising a deputy under-secretary,
assistants to the under-secretary, heads of directorates,
the head of the SDB sector in the Center of Security Services
(CSB) in Sarajevo, and a secretary of the board. In broader
terms, the board also included heads of SDB sectors in
Centers of Security Services. Pursuant to Article 6 of
the Rules, the Service had the following organizational
units: departments, sectors, sections, divisions and detachments.
The organizational units in the head office included the
following:
- The
Directorate for the Activities and Tasks of Identification
and Prevention of Foreign Intelligence Service Operations
- 01;
-
The Directorate for the Activities and Tasks of Identification
and Prevention of Emigration's Hostile Activity - 02;
- The
Directorate for the Activities and Tasks of Identification
and Prevention of the Internal Enemy's Activity - 03;
- The
Directorate for Operational and Technical Activities
and Tasks - 04;
- The
Directorate for the Activities and Tasks of Security
for Certain Persons and Facilities - 05;
- The
Directorate for the Activities and Tasks of Defense
Preparations - 06;
- The
Directorate for Analytical and Informative Activities
and Tasks - 07;
- The
Section for the Activities and Tasks of Surveillance;
- The
Section for General, Legal, and Human Resources Activities
and Tasks.
Along
with the head office of the Republic Secretariat, the
affairs of state security were discharged by the State
Security Service sectors at the Centers of Security Services
seated in Banja Luka, Bihać, Doboj, Goražde, Livno, Mostar,
Sarajevo, Tuzla, and Zenica.
Particular
attention should be given to the Center of Security Services
in Mostar and to its state security sector for the significant
and special role they played. The state security sector
in Mostar was in charge of the entire territory of Herzegovina,
which included the following municipalities: Bileća, Čapljina
Čitluk, Gacko, Grude, Jablanica, Konjic, Lištica (today
Široki Brijeg), Ljubinje, Ljubuški, Mostar, Neum, Nevesinje,
Posušje, Prozor, Stolac, and Trebinje. The state security
sector at the Center of Security Services in Mostar consisted
of the following units:
- The
Section for the Activities and Tasks of Identification
and Prevention of Foreign Intelligence Service Operations
- 01;
- The
Section for the Activities and Tasks of Identification
and Prevention of the Emigration's Hostile Activity
- 02;
- The
Section for the Activities and Tasks of Identification
and Prevention of the Internal Enemy's Activity - 03;
- The
Section for Operational and Technical Activities and
Tasks - 04;
- The
Division for the Activities and Tasks of Defense Preparations
- 05.
The
sector also comprised these Detachments:
- The
SDB Detachment in Čapljina, covering the municipalities
of Čapljina, Grude, Ljubuški, Neum, and Stolac;
- The
SDB Detachment in Konjic, covering the municipalities
of Konjic, Jablanica, and Prozor (Rama);
- The
SDB Detachment in Trebinje, covering the municipalities
of Trebinje, Bileća, Gacko, and Ljubinje.
According
to the plan in the Rules of the Center of Security Services
in Mostar, dated March 1990, 84 people were employed in
the state security sector. As early as April 1990, after
the change of power in the Republic of Croatia, it became
clear that similar changes might also occur in Bosnia
and Herzegovina, necessitating some organizational changes
in the Service. It was not, however, until the elections
in Bosnia and Herzegovina that the SDB reacted. On 1 October
1990, it sent papers and called a meeting of the SDB directorates
and sectors.43
The papers contained the draft of a new structure of the
service; it was based on a previous document, the "The
Starting Points for the Transformation of the State Security
Service," adopted by a board comprising the Federal
Secretary and the Republic and Provincial Secretaries
of Internal Affairs. They started by stating that the
Communist Party was losing power and that the Party service
could not survive as it was.
The
SDB was intent on becoming a professional service that
was not influenced by any political party. According to
the "starting points", such a Service would
be governed by the rule of law, and not "deal with
different political options of citizens in the future."
It would have expertise, modern technical equipment, and
be headed by an expert on security issues; the organizational
units would also be headed by experienced professionals.
In
addition to the "Starting Points for the Transformation
of the State Security Service," a new structure was
developed. It proposed to reduce the staff by 24.16%.
Instead of the 745 employees previously planned (of which
631 were employed), the new plan allowed for 565. The
draft also gave more autonomy to the SDB sectors within
the Centers, reduced the number of organizational units,
dissolved some of the detachments, and reduced the management
staff by half.44
The
Democratic Change and the Early Beginnings of the War in
Bosnia and Herzegovina
These
measures were to ensure that the Service survived the
political change. For it was not just a change of the
political party in power; it was an explosion of the nations
who had been deprived of their rights, each deeply convinced
that it had suffered most under the Communist regime.
This unleashed freedom gradually changed into quite the
opposite; finally, it became anarchy, which undermined
the conduct of society.
The
elections held in Bosnia and Herzegovina (18 November
1990) were won by national parties: the Croatian Democratic
Union, the Party of Democratic Action and the Serbian
Democratic Party (HDZ, SDA and SDS) united in a coalition
against the "reformed Communists."45
Once the authorities were established, the SDB leadership
changed. The winning parties agreed on and distributed
the leading positions. Nevertheless, the leading offices
were again given to the old SDB staff, who then introduced
the old working methods into the new organization. The
Service was as political as it had ever been, but the
political influence now came from three parties. There
was little professionalism; information and notes were
forwarded to party channels, not to state institutions.
The war was about to begin.
After
the elections, the Socialist Republic of Bosnia and Herzegovina
was not immediately dissolved, for it took time to draft
the constitutional amendments. On 8 July 1991, the Government
of the Socialist Republic of Bosnia and Herzegovina approved
the Rules on the Internal Organization of the SDB of the
Ministry of Internal Affairs of SR BIH. They had been
developed on the basis of the "Starting Points for
the Transformation of the State Security Service."
The Rules provided for 529 service employees, four directorates,
and two sections in the head office. Also, nine sectors
were to operate within the framework of Centers of Security
Services as basic organizational units in addition to
the head office.
The
first directorate was called the Directorate for Counterintelligence
and Intelligence Activities and Tasks. The second directorate
was no longer in charge of enemy emigration; but its task
now was to prevent subversive activities threatening the
constitutional order and security of the country. These
were the two most important novelties in the organization
of the Service. Sectors and Centers of Security Services
had seats in the same towns as previously.
After
the Slovenian overture, the war gained momentum in Croatia.
The Chief of Staff of the Yugoslav Army called for general
mobilisation on a "voluntary basis" and threatened
possible deserters. The federal army was retreating from
Slovenia and crossing over to Croatia and Bosnia and Herzegovina.
Soldiers, policemen, and civilians were getting killed;
so were journalists who were trying to provide information
on developments in the war-torn areas. In the Declaration
of the Council of Ministers of the European Community
(in Brussels on 28 August 1991), the Serbian policy was
judged completely wrong; also, the Yugoslav National Army
was charged with openly supporting the Serbian side. On
13 September 1991, the American Senate adopted a resolution
strongly critical of the aggressive policies of Serbia
and JNA.46
In
September 1991, two more corps of Serbian and Montenegrin
reservists arrived in Herzegovina. Not content with shelling
Dubrovnik, they also attacked Croatian villages in Herzegovina.
Between 2 and 5 October, they destroyed Ravno and Prhinje
(seven Croatian villages were also destroyed in southern
Herzegovina). At the BIH Government meeting on 9 October,
the consensus was that Bosnia and Herzegovina remain neutral
in the war waging on the Yugoslav territories.47
The indifference of the BIH authorities was due to passivity
and disorientation. Also, Muslim political leaders favored
an independent Bosnia and Herzegovina, but were calculating
on and hoping for a military coup that would preserve
Yugoslavia.48
In response, Croats organised into national defense unions.
First, (12 November 1991), the "Croatian Union of
Bosanska Posavina"49
was established in Bosanski Brod, followed (on 18 November)
by the "Croatian Union of Herceg-Bosna."50
From
the beginning, Serbs supported the aggression. On 3 September
1991, one month before the attack against Ravno, the Municipal
Committee of the Serbian Democratic Party in Mostar (with
the Communist Party Movement for Yugoslavia and the SDP),
held a "Rally of Support for the JNA and the Federative
Yugoslavia."51
It was one of series of similar rallies with the same
message and organised by the same organizations of pro-Yugoslav
or pro-Greater Serbia orientation.
The
most perfidious case of attempting to overthrow the democratically
elected authorities involved a "club of intellectuals"
specifically formed for this purpose. The "club"
members called themselves "citizens of Mostar";
they held a protest rally (10 March 1992), and demanded
the resignation of all municipal and regional authorities,
including "police officials."52
The resignations would have neutralized the legitimate
defense of Mostar and Herzegovina. The Service could not
possibly have remained united. And, as the war escalated,
it broke down completely.
Serbs,
along with the Serbian Democratic Party (SDS), proclaimed
the Republic of the Serbian People of Bosnia and Herzegovina
in Sarajevo on 9 January 1992. The BIH Parliament, the
MPs of the Croatian Democratic Union (HDZ), and the Party
of Democratic Action (SDA), together with the MPs of other
parties, organized a referendum for an independent Bosnia
and Herzegovina, which was successfully held on 29 February
and 1 March 1992.53
The
European Community and the Republic of Croatia recognized
Bosnia and Herzegovina on 7 April 1992. The same day,
the Patriotic League of the BIH and the Regional Headquarters
started two-day "military" consultations in
Mehuria near Travnik, adopting a "Directive for the
Defense of the Sovereignty of the Republic of Bosnia and
Herzegovina."54
They assessed the enemy's forces as 6 Yugoslav Army corps
and about 120,000 SDS members. At the time, they included
among the enemy the "extremist forces of the HDZ,"
with 1-2 brigades.55
The Muslim Patriotic League, established 2 May 1991, hoped
to safeguard and secure the interests of the Muslim people.
Subsequently, on 10 June 1991, under the auspices of the
SDA, the Muslims established the Council of National Defense
at the Militia House in Sarajevo, with the Patriotic League
as its military wing. All SDB Muslim officials participated
in the Council.
The
JNA counterintelligence service launched an action of
controlled terror. The Serbs shelled Bosnia and Herzegovina,
particularly Mostar. The only force organised and capable
of resistance was the Croatian and Muslim members of the
police. In one of the last negotiations between the police
and the army, the head of the Center of Security Services
in Mostar revealed Serbia's plan of aggression in Herzegovina.
He gave the dates and venues of the meetings between Serbian
generals and politicians and when they decided to occupy
Neretva, to reject the independence of Bosnia and Herzegovina,
and to launch their attack.56
Still,
the politicians and journalists in Bosnia and Herzegovina
refused to accept reality; they often misled the public
with reports that it was "those from the hills"
who were shooting, or "peasants had attacked the
people," or that some "rural forces attacked
the urban ones" and the like.57
This information was collected by the officials of the
State Security Sector in Mostar from a "journalist"
who was assigned by the SDS as the propaganda co-ordinator
between the SDS and the federal army, the latter actually
being the Serbian army. After the blockade, the Serbian
forces started the war for Sarajevo. At the same time,
conflicts in Kupres and Mostar broke out.
On
8 April 1992, the Croatian Union of Herceg-Bosna established
the supreme defense body of Bosnian Croats, the "Croatian
Defense Council" (HVO).58
In 1992 and the first half of 1993, many Muslims joined
these military units, becoming a majority in some.
The
situation in Sarajevo was complete chaos. A crisis center,
established in Mostar, met on 29 April 1992 and declared
the JNA and all its paramilitary forces the enemy and
the occupying forces. The protection and defense of Mostar
was given to the Croatian Defense Council and the Mostar
members of the Ministry of Internal Affairs. The decision
was signed by Croat and Muslim members of the crisis center.59
The
Security Service employees and Bosnian Serbs who were
members of the Ministry of Internal Affairs joined the
Ministry of Internal Affairs of the Republic of the Serbian
People in Bosnia and Herzegovina (later to become Republika
Srpska). The State Security Service still existed within
the Ministry of Internal Affairs. Thus, the structure
and the working methods of security and intelligence services
in Republika Srpska, both civilian and military, did not
significantly change.
On
3 April 1992, the head of the Security Service Center
in Mostar was informed by the former head of the public
security office in Nevesinje that the Minister of Internal
Affairs of Republika Srpska had appointed him head of
the State Security Center in Trebinje. He offered co-operation,
but also a division of property.60
Fed
up with Bosnia and Herzegovina's passivity to open aggression,
Croatian and Muslim officials of the Service moved to
Mostar, where they joined the Mostar center and became
members of the Croatian Defense Council. Also, Muslim
agents estimated that security was better and the threat
of war smaller in Sarajevo. In those days, the opinion
of the President of the BIH Presidency was, "This
is not our war"; his message to the citizens on the
Sarajevo TV was, "Take a walk, ignore the rumors,
socialize."61
So they walked to Sarajevo, where they experienced war
at its worst.62
The
Service joined in the defense, but it is difficult to
define what the Service was in the first months of the
war. The Croatian and Muslim officials worked together
until 21 October 1992, when the Mostar center was again
changed. Many Muslim officials of the Center joined the
command of the IV Corps of the BIH Army. Others remained
members of the Ministry of Internal Affairs of the Croatian
Union of Herceg-Bosna.
The
Formal Dissolution of the Service
After
establishing the Croatian Defense Council, the Presidency
of the Croatian Union of Herceg-Bosna (HZ H-B) created
a number of provisional organs of authority. On 15 May
1992, the Presidency appointed the Head of the Defense
Department and the Head of the Internal Affairs Department.63
Their first task was to draft provisions for regulating
their departments (later to become Ministries). As early
as 3 July 1992, the Decree on Armed Forces of the HZ H-B
was adopted64;
on 24 July 1992, the President of the HZ H-B Presidency
appointed the "Assistant to the Head of the Defense
Department as the official in charge of the HZ H-B Security
and Information Service"; his task was to set up
a Security and Information Service within the HVO Defense
Department.65
Having received the draft proposal of the structure of
the Security and Information Service (SIS), the HZ H-B
government (on 14 October 1992) appointed the Assistant
to the Head of the Defense Department as the HZ H-B official
in charge of security.66
As
the conflict between Croats and Muslims escalated and
the political and military pressure mounted, on 28 August
1993 the HZ H-B Presidency and the Croat MPs in the Council
of Municipalities of the BIH Parliament passed the Decision
on the Establishment of the House of Representatives of
the Croatian Republic of Herceg-Bosna. The House of Representatives
also passed the "Fundamental Decision" establishing
and proclaiming the Croatian Republic of Herceg-Bosna.67
1993
was marked by violent fighting between Croats and Muslims
who, exhausted by fierce battles and exposed to strong
political pressure, signed a cease-fire agreement on 23
February 1994. Generals Ante Roso and Rasim Delia signed.68
At the time, the military and civil intelligence and security
systems were completely divided according to ethnicity.
In
the Croatian Republic of Herceg-Bosna, security services
were integrated into the ministries of defense and internal
affairs. Defense had a Security Sector headed by the Assistant
to the Minister of Defense in charge of security. The
sector consisted of the Department of the Security and
Information Service (SIS) and the Military Police Department,
and existed only formally. In reality, the two departments
were autonomous. The head of the Military Police Department
was also a member of the board of the Minister of Defense
and submitted his reports to the Minister and to the President
of the HZ H-B Presidency. The reason was that the Military
Police Department was formed on 10 April 1992 and managed
to gather a number of human, material, and technical resources,
becoming a force of several thousand. The SIS Department
was established three months later and only started to
operate in October 1992. The Croatian Union of Herceg-Bosna
was a newly established organization, and the balance
of power mattered more than its formal structure (the
Decision on the Internal Structure of the Defense Department,
passed on 17 October 199269).
that is, on 20 May 199370.
The
Security and Information Service was active in the Defense
Department. According to the structure introduced in October
1992, the two SIS departments (the Operational Department
and the Analytical Department) were situated in the head
office. The Service had its centers in different operational
zones that later became HVO military districts: southeastern
Herzegovina, south-western Herzegovina, central Bosnia,
and Bosanska Posavina. The seats of the centers were in
Mostar, Tomislavgrad, Travnik, and Derventa. Agents in
the operational zones and military units had been appointed
by their commander; however, the Service had no staff
in the HVO headquarters. In December 1993, a new structure71
developed and adopted rules governing the activity of
the Security and Information Service.72
The SIS Administration was now run by the Head of Administration
and his assistant, who also headed the Operational Department.
Beside the latter, there were the Analytical, Administrative,
and Technical Departments. In addition to the head office,
SIS had its centers in Mostar, Tomislavgrad, Orašje, and
Vitez. The Mostar center had a branch in Čapljina, the
Tomislavgrad center in Rama.
A
SIS center was also opened in Kiseljak. Under the new
structure, security departments in military districts
were run by assistants to commanders up to the rank of
a brigade or by an autonomous battalion; the Supreme Command
had a security service officer. The Service was thus supposed
to have its officers in the departments and offices of
defense. This structure gave the Security Sector a prominent
role in the armed forces of the Croatian Republic of Herceg-Bosna.
The service started to function in spring 1994, in the
context of new political developments in BIH following
the end of the war between Croats and Muslims and the
signing of the Washington Agreement on 18 March 1994.73
Beside
the SIS, another military service existed in the Croatian
Republic of Herceg-Bosna, the first security and intelligence
body established on the Croatian side. It was established
1 February 1990 within the framework of the Territorial
Defense of Western Herzegovina (the Supreme Command of
the HVO H-B).74
The Department consisted of intelligence groups that had
spontaneously formed without an organizational basis in
the municipal commands of the then territorial defense.
It included reconnaissance and electronic activity units,
which had emerged through spontaneous shadowing and wire-tapping
of the enemy forces in summer 1991.
The
first such unit was established within the Intelligence
Department of the Herceg-Bosna Supreme Command on 8 March
1992. At the beginning of 1994, the HVO was restructured.
The military intelligence service was transformed from
an intelligence department into an intelligence directorate.
The electronic activity units were transformed into the
88th electronic activity center, as an HVO unit under
the head of the Intelligence Directorate of the Herceg-Bosna
Supreme Command. Apart from the head office, the Intelligence
Directorate had its intelligence agents in different Military
Districts.
Moreover,
the Croatian Union of Herceg-Bosna had a civil intelligence
and security service, a remnant of the Mostar State Security
Service of the BIH Ministry of Internal Affairs. On 14
August 1992, the Presidency of the Croatian Union of Herceg-Bosna
passed a Decree on Internal Affairs in Case of War or
an Immediate Threat of War in the Territory of Herceg-Bosna,
making applicable the provisions of the Law on Internal
Affairs of the BIH Republic. According to Article 13,
a separate law regulated the scope of activity and organization
of state security. At the proposal of the Head of the
Internal Affairs Department, the provisional government
(the HVO) decided at its 6th meeting (6 January 1993)
to appoint the "State Security Officer in the Internal
Affairs Department of the Croatian Defense Council, Croatian
Union of Herceg-Bosna."75
Pursuant
to a decision taken by the HVO of Herceg-Bosna (26 February
1993), the National Security Office (UNS) was established
within the Internal Affairs Department.76
The Office was to have competence over intelligence and
counterintelligence. During the war, the UNS was inferior
to the military services. In fact, the first serious attempt
to put this service into operation was the adoption of
the Law on Internal Affairs of the Croatian Union of Herceg-Bosna
on 26 March 1994.77
This Law established the "National Security Service"
(SNS) within the Ministry of Internal Affairs (Articles
14 to 25). On 25 July 1994, the Minister of Internal Affairs
passed the Rules on the Internal Structure of the National
Security Service within the Herceg-Bosna Ministry of Internal
Affairs.78
But
the Rules proved unmanageable; on 7 November 1995, new
rules were adopted governing the structure and job specification
of the National Security Service of the Herceg-Bosna Ministry
of Internal Affairs. The SNS was now headed by a managing
officer with an office in Mostar. Four departments were
established: the Operative Department, the Analysis, Information
and Documentation Department, Operational Technology Department,
and Security Department. Apart from the head office, centers
were established: in Mostar, Livno, Travnik, and Derventa.
The
Presidential Council of the Croatian Union of Herceg-Bosna
was established after the President of Herceg-Bosna resigned
on 8 February 1994.79
It set up a National Security Office affiliated to the
Presidential Council. On 8 June 1995, the Council appointed
a provisional head of the office with the task of establishing
the Office and preparing the necessary acts.80
The acts, however, had never been adopted by the ruling
bodies. The appointed Head of the National Security Office
thus had an advisory role and was in charge of cooperation
with foreign services. A meeting held in Split (22 July
1995) between the Director of the Croatian Intelligence
Service (HIS), the Head of the State Security Service
of the BIH Ministry of Internal Affairs, and the Head
of the National Security Office of Herceg-Bosna was the
first for these services and their first attempt to cooperate
in the fight against the Serbian enemy.81
On
the same date, the President of the Republic of Croatia,
the President of the Presidency of the Republic of Bosnia
and Herzegovina, and the President of the Federation of
Bosnia and Herzegovina signed the "Split Declaration".82
Among other things, the Declaration provided for extended
and enhanced military cooperation between the Republics
of Croatia and Bosnia and Herzegovina. The Republic of
Bosnia and Herzegovina appealed to the Republic of Croatia
for urgent military and other assistance, to which the
Republic of Croatia affirmatively responded. The Croatian
Army entered the territory of BIH, where, with the assistance
of the HVO and the BIH Army, defeated the Serbian forces,
completely crushed the Serbian rebellion, and liberated
the occupied areas of the Republic of Croatia.
These
actions changed the balance of power in the region, which
led to the signing of interconnected international legal
acts known as the Dayton Agreement (November and December
1995 83).
Throughout this period, the intelligence services of the
Republics of Croatia and Herceg-Bosna cooperated in preparing
and protecting these operations that ensured the safety
of the military units. Howver, the cooperation with the
State Security Service of the BIH Ministry of Internal
Affairs was unsatisfactory.
Shortly
after the war operations and the signing of the peace
agreement (20 December 1995), a meeting was held in Sarajevo
between the Assistant to the Minister of Internal Affairs
in charge of the BIH State Security Service and the Head
of the National Security Office of the Presidential Council
of Herceg-Bosna.84
Discussed was the possibility of creating a joint service;
even a possible name was mentioned: The Information Service
of Bosnia and Herzegovina (BHIS). At the same time, Croatia's
HIS invited the State Security Service to a summit meeting
in Sarajevo. It appeared that cooperation had at last
been established, for on 12 January 1996, just before
its dissolution, the Presidency of the Dayton Republic
of Bosnia and Hercegovina established the Agency for Investigation
and Documentation of Bosnia and Herzegovina (AID).85
The Agency took over the affairs, property, and staff
of the State Security Service and the central national
bureau of BIH INTERPOL.86
At the session held on 27 and 28 May 1996, the Parliament
of the Republic of Bosnia and Herzegovina passed the Law
on the Agency for Investigation and Documentation.87
The
AID had a Director and was organised with 8 sections in
the head office, all run by assistants. Along with the
head office, the AID had 8 sectors: in Sarajevo, Tuzla,
Bihać, Zenica, Doboj, Goražde, Mostar, and Banja Luka.
Each sector had numerous detachments (in Travnik, Bugojno,
Gradaeac, Zvornik, Breko, Bjeljina, Fojnica, Tarein, Visoko…).
The Doboj sector was seated in Tešanj, and the Banja Luka
sector in Sanski Most.
In
addition to the civil security service, the Bosniak side88
had two military services. The Military Security Service's
activities had been regulated by the "Rules of Activity
of the Military Security Service in the Armed Forces of
the Republic of Bosnia and Herzegovina".89
It overlooked the affairs of state security in the armed
forces of BIH and was directed by the Head of the Security
Directorate and his deputy. The Directorate had seven
departments: the Human Resources and Legal Affairs Department,
the Technology Department, the Counterintelligence Department,
the Department for the Supreme Command Security and Military
Police, the Department for the Counterintelligence Protection
of the Supreme Command and Command-related Units, the
Department for Special Counterintelligence Operations,
the Analytical Department, the Division for the Counterintelligence
Protection of Military Attachés, and the Division for
the Investigation and Documentation of War Crimes. Outside
its head office, the service operated through military
headquarters.
Apart
from the security service described above, Muslims-Bosniaks
also established an intelligence service. At first, an
intelligence department was set up within the Supreme
Command of the BIH Army. It was eventually called the
Intelligence Directorate of the Supreme Command of the
BIH Army. The Directorate was run by a head and a deputy.
It had seven departments: the Analytical Department, the
Intelligence Operations Department, the Electronic Activity
Department, the Department for Relations with Foreign
Armies, Human Resources and Information Technology Department,
the Department for Special Operations and Training, and
the Department for the Intelligence Security of Combat.
Outside its head office, the service operated through
Intelligence Centers in the headquarters of the BIH Army
corps and through intelligence branch centers and posts.
The
Intelligence Directorate of the Supreme Command of the
BIH Army was active in the military field, but it also
worked to infiltrate the civil and political spheres.
Two actions illustrate its mode of operation: the "Kamp
22"90
Operation and an action described in a document entitled,
"The Federal Policy and the Croatian Subjects Responsible
for Subversive Activities in southwestern Herzegovina".91
Their object was to discredit the Croatian policy in BIH
by using false "documents" by the SFOR and OSCE.
The Croatian services exposed these actions and established
a connection between the Mostar intelligence center and
the Third Section of the Intelligence Directorate of the
BIH Army Supreme Command. The media published the Directorate's
original documents.92
After the operation was exposed, the head of the Mostar
operational center and the head of the OSCE regional center
in Mostar were removed.
The
President of the Federation of Bosnia and Herzegovina
reacted to the establishment of the AID in an open letter
to the highest officials of the Republic of Bosnia and
Herzegovina and of the Federation. He stated that the
establishment was a flagrant violation of the Constitution
of the BIH Federation and it obstructed the rule of law.93
The letter also pointed out that the decision derogated
the powers of the federal Ministry of Internal Affairs
and made impossible the enforcement of the Law on Internal
Affairs
On
15 February 1996, IFOR units discovered that the ski resort
at Pogorelica had been turned into a training camp for
AID operatives.94
The trainers were intelligence operatives from Iran, MOIS
members, three of whom were arrested. Also arrested were
eight Bosniak-Muslim AID agents. Pressured by the international
community (the U.S. in particular), the Presidency of
the Republic of Bosnia and Herzegovina removed the AID
Director from office on 16 March 199695,
one month after the IFOR action and one day after the
Director had told the "Washington Post" that
he would not resign.96
In a pro-SDA (the ruling party) weekly magazine, the President
of the Presidency of Bosnia and Herzegovina said that
"The thing in Pogorelica near Fojnica was our big
mistake."97
In
June 1996, two AID operatives98
and two members of special police forces (the Bosna unit)
of the BIH Ministry of Internal Affairs kidnapped, interrogated,
tortured, and shot a colleague of theirs, also an AID
operative. They finally dropped him in a sewer, but he
survived.99
Today he is allegedly a protected witness of the Hague
Tribunal investigating crimes purportedly committed by
the special police unit, "Ševe"100.
The former Chief of Staff of the BIH Army filed criminal
charges with the International Criminal Tribunal for the
Former Yugoslavia in the Hague against this "protected
witness" and a number of high police and military
officers, citing serious criminal offences, including
an assassination attempt against his person, during which
his wife and her brother were killed.101
The
first to visit the wounded AID operative was Nedžad Ugljen,
the former chief of the former SDB. Their long conversation
was recorded. Shortly thereafter, Ugljen was assassinated
in the center of Sarajevo.102
His assassins have never been discovered, despite his
having talked to the President of the BIH Presidency shortly
before he was killed, telling him that he was going to
be killed and by whom.103
Ear1y
in 1997, the AID was again shaken by scandal: On 6 February
1997, the head of an AID detachment in Central Bosnia
disappeared with his wife and three daughters.104
He surfaced later and explained his actions in one of
the Croatian weeklies.105
He fled in fear for his life. The AID, he said, was a
purely Muslim organization in the service of the political
party of the SDA. Also he had personally executed the
orders of his superiors, including fabricating "evidence"
and bringing false witnesses against certain Croatian
officers, so as to have them charged with war crimes.106
On
the Croatian side, the services operated silently, and
little information had been released to the public. The
pre-Dayton Republic of Bosnia and Herzegovina and the
Croatian Republic of Herceg-Bosna ceased to exist, and
their powers were transferred to the Dayton Bosnia and
Herzegovina. On 6 January 1997, a Croat member of the
BIH Presidency appointed an internal policy adviser to
the Office of the Presidency representing the Croatian
people.107
His role, similar to that of the former head of the National
Security Office in the Presidential Council of the Croatian
Republic of Herceg-Bosna, consisted of coordinating Croatian
services in BIH and cooperating with foreign services.
When several Croats were arrested in Bosnia and Herzegovina
and in Croatia for criminal offences, the media launched
a campaign against the leaders of Croatian services in
BIH and Croatia. In addition, criminal charges were filed
against them.108
These charges were eventually dismissed, but not until
they had been exploited by the media.
The
crisis involving Croatian services in BIH climaxed on
24 December 1998, when the police of the Hercegovačko-Neretvanska
county and the National Security Service officials took
over the office of the Adviser to the member of the BIH
Presidency representing the Croatian people. The Adviser,
at his own request, had been relieved of his duties on
24 September 1998; for the results of the general elections
held in BIH on 12 and 13 September had led to a change
in the seat of the BIH Presidency member representing
the Croatian people.
After
the elections, the resources of the National Security
Service were severely reduced; also, it was uncompetently
run by people who did not understand the context in which
it operated. They did not maintain the high rating of
the Service, which had been acquired through professional
cooperation with all the services present in BIH, by providing
support to the peacemaking process, and by enhancing the
safety of peace-keeping forces. Among other acts, incompetent
officials launched attacks against some international
organizations active in BIH. These developments encouraged
a part of the international community which wanted to
crush the ruling HDZ in the Republic of Croatia. Add to
this the offended vanity of the then SFOR commander, which
prompted the invasion by the SFOR forces on 14 October
1999109
of SNS and other Croatian offices and institutions in
the western part of Mostar. This action made the National
Security Service equal with the Agency for Investigation
and Documentation, forcing a change in the Service leadership.
The staff now running the National Security Service, as
well as AID, must reassert and assume its place in the
international security system. One way to do this is to
adopt the Law on the Intelligence and Security Service
of the BIH Federation.
The
Reintegration of the Security and Intelligence System in
the Post-Dayton Federation of Bosnia and Herzegovina
The
military intelligence and security service (VOSS) of the
Federation of Bosnia and Herzegovina is governed by the
BIH Constitution, by Annex 4 of the General Framework
Agreement for Peace in BIH of 1995, the Constitution of
the Federation of Bosnia and Herzegovina,110
the Law on the Defense of the BIH Federation of 1996,111
and by the Provisional Rules of the Activity of the Military
Intelligence and Security Service of the BiH Federation
of 1998. The VOSS of the BIH Federation is a specialised
military, professional element in the Federation's defense
system in charge of intelligence and security activities
in the defense sphere. The service is sited within the
Federal Ministry of Defense's Intelligence and Security
Sector and run by the assistant to the minister and a
deputy. The Sector has five sections. Along with the head
office, there is the territorial structure of intelligence
and security units.
An
Intelligence and Security Directorate was established
in the Joint Command of the Federation Army. It is run
by the assistant to the Chief of Staff of the Joint Command
and a deputy. The Directorate consists of four sections
and three divisions. Other sections and divisions exist
in the corps, brigades, and other units. The legality
of the service's activities is monitored by the Parliamentary
Commission of the BIH Federation for Defense, Security
and the Control of Legality of Activities Performed by
Services Safeguarding the Federation's Constitutional
Order.112
Civil
services in the Federation of Bosnia and Herzegovina continued
to operate separately. After the establishment of the
AID and the assassination of the former SDB director,
discussions concerning cooperation and unification of
the services were suspended. Disputes ensued, with Security
services a major issue. However, two weeks after the President
of the Republic of Croatia and the President of the BIH
Presidency met and reached an agreement (6 August 1997),
a Croat member of the BIH Presidency selected two other
BIH Croat members and formed a joint working group. This
group of Bosniak and Croat experts, with the assistance
of U.S. experts, was to draft a new structure for the
security and intelligence system of the BIH.113
The Bosniak side balked, violating the agreement. Nevertheless,
two Presidency members (a Croat and a Bosniak) formed
a working group of four members. Their task was to present
a plan for the organization and leadership of the federal
service, which in turn was to assume the duties and powers
of the AID.114
Following several discussions and working meetings and
agreements, the group composed and submitted (3 February
1998) "Proposal of the Organization and Administration
of the Federal Service for Security and Intelligence Activities."
The proposal contained the basic principles for drafting
the Bill. As agreed, two U.S. experts assisted the group.115
Subsequently,
this working group drafted the Bill Establishing the Security
and Intelligence Service. The group was efficient, open,
fair, and professional. The document was signed by the
six members of the working group on 4 March 1998. It was
then submitted to the members of the BIH Presidency representing
the Croatian and Bosniak people, who signed it on 6 March,116
two days after receiving it. Thus, the bill went from
the field of expertise to the field of politics. However,
politicians then were not willing to accept a strong,
professional service. When the Bill was being drafted,
some politicians argued against it.117
And the media's slanted articles created confusion and
distrust.118
Some of these statements were even denied even by the
President of the BIH Presidency.119
On
12 June 1998, the AID Director sent the preliminary draft
of the Bill Establishing the Intelligence and Security
Service to the Federal Ministry of Justice for its approval,
pursuant to Article 21 of the Rules of Procedure of the
Government of the BIH Federation.120
The Ministry responded negatively (30 June 1998.121).
A number of provisions were incompatible with the BIH
Constitution; also, the powers of the service had not
been accurately determined; it was unclear whether it
was a federal institution or at the level of Bosnia and
Herzegovina. The Office for Legislation of the Government
of the BIH Federation concurred with the Ministry of Justice.122
These events occurred before the general elections in
BIH; excluding the positive remarks, the remaining criticism
was mere political posturing.
A
change occurred in the working group on the Croatian side.
First, the Adviser to the member of the Presidency resigned
after the elections; then the second member of the group,
the Deputy Minister of Internal Affairs of the BIH Federation,
was assassinated by a planted explosive device (16 March
1999). The bomb exploded as his official vehicle was passing
through Alipašina Street, near the U.S. Embassy in the
center of Sarajevo.123
The explosive device badly wounded the Deputy Minister;
he died several days later.
The
assassination was followed by a flurry of accusations.
The Croatian member of the Presidency blamed the Bosniak
supreme authorities and the SDA authorities.124
The President of the BIH Presidency termed the accusations
ridiculous and lay the blame for terrorism on "our
fools" (Muslim-Bosniak, ann. by the author) or on
Croatian extremists. Since the assassins of John Kennedy,
Olaf Palme, and Aldo Moro remain unknown, he implied that
this murder would also remain unsolved. The person(s)
responsible for the murder of the Deputy Minister of Internal
Affairs of the Federation of Bosnia and Herzegovina is
still loose in the environment.
The
editor-in-chief of a Sarajevo weekly stated (3 July 1999)
that the federal Ministry of Internal Affairs was convinced
that investigation is fruitless unless it involves key
members of the secret Bosniak-Muslim police of the MOS.
The leading men of the MOS were untouchable, for they
had recruited the Bosniak-Muslim human resources for the
federal Ministry of Internal Affairs.125
The killers of the Assistant to the AID Director (murdered
on 28 September 1996) are still unknown. So are those
responsible for the disappearance of an HVO general on
the night of 8 and 9 March 1995; he had argued with the
commander of the V Corps of the BIH Army in Bihać, where
the HVO was a minority, and fought with the BIH Army against
Serbian aggressors.126
Few
perpetrators have been identified in the 172 terrorist-like
criminal offenses recorded since the end of the war and
presented to the Parliament of the BiH Federation by the
Commission for Defense and Security in December 1997.127
These included the acts of terrorism that had disturbed
the public in Bosnia and Herzegovina; i.e., the car bomb
planted near a residential block in Splitska Street in
Mostar on 18 September 1997. At first, the reports mentioned
only 50 persons wounded.128
Subsequently, the numbers rose to 93 flats, 13 business
premises, and 96 cars.129
In this case, some 40 Arabs, former Mujahedins, were arrested,
but only five remained in prison. The defendants repeatedly
changed their statements , which confused the issues and
evidence and left the case compromised.130
Still unidentified are those who attacked a politician
in Mostar with an explosive device and then two days later
wounded him in a shower of automatic gun fire.131
Also at large are those who destroyed churches and mosques
throughout Bosnia and Herzegovina.
These
unsolved cases argue for a strong professional service
like that envisaged in the Bill Establishing the Intelligence
and Security Service of the BIH Federation. Based on the
conclusion of the Government of the BIH Federation (the
37th meeting held on 15 March 2000), the Federal Ministry
of Justice was obligated to harmonise the Bill with the
Constitution and the legislative system of the BIH Federation.
The Ministry of Justice's new Bill was sent to the AID
and SNS representatives on 28 March 2000. They responded
that they favored the version of the Bill that had already
been discussed by both Houses of the BIH Parliament and
to which no objections had been raised. On 31 March 2000,
the Federal Ministry of Justice forwarded to the Government
of the BIH Federation the new Bill harmonised with the
FBIH Constitution.132
The AID Director's letter to the Prime Minister of the
BIH Federation and his Deputy133
stressed that the SNS and the AID supported the Bill that
had been discussed at the 37th meeting of the FBIH Government,
for this version had been fully harmonised. He also asked
that the Bill be included in the agenda of the next Government
meeting and then forwarded for discussion.134
This
Bill was to serve as the basis for the establishment of
the Service for Intelligence and Security Activities of
the Federation of BIH (OSS FBiH).135
It is planned as an autonomous federal service, seated
in Sarajevo. Its intelligence activities would safeguard
the constitutional order of the BIH Federation and conduct
counterintelligence operations. The service would have
no police authorities, and would be run by a director
and a deputy, each representing one of the two constituent
nations. The service would have the required number of
organizational units outside its head office. On the date
of the Law's enforcement, the AID and SNS, both now performing
security and intelligence activities for the BIH Federation,
would cease to exist.136
This
Bill differs little from the version drafted two years
ago, and then only as it relates to who uses the information
developed, the members of the Presidency or the FBIH President
and Vice President? In other words, who will control the
service? However it turns out, the Federation of Bosnia
and Herzegovina needs a strong professional service. It
requires an efficient security and intelligence system,
staffed by young, educated people, relatively free of
prejudice, and last, a system controlled by democratic
principles and authorities, one which will ably join European
and world security systems.
NOTES
|
|
 |
|
|
Cover picture
was taken by
Željka Božić: Berlin 1989.
|
|