On 29 June 2006 we received the first judgement ending in the first instance, the first of 36 law suits filed on behalf of the families of 36 Muslim refugees, deported by the police of the Republic of Montenegro in May 1992 to the military forces of Bosnian Serbs.

The first judgement, passed by Ms. Senka Danilovic, a judge of the First Instance Court in Podgorica, partialy adopted the claim for redress filed by the mother and sister of Sanin Krdzalija, who was apprehended by the Montenegrin police and deported on 25 May 1992 to the Foca concentration camp where he was murdered.

Sanin's mother, Sejda Krdzalija, was awarded the amount of 25,000 EUR and sister Sanela 20,000 EUR for the emotional pain suffered due to loss of kin.

The other three parts of their claim for redress, based on violation of their human rights (due to discrimination, lack of investigation and provision of information), the fear suffered and material damages caused by a loss of regular financial support, were denied.

By this judgement, the following facts of the deportation of Muslim refugees from Montenegro to Republika Srpska in May 1992 have been firmly established: the illegal performance of the authorities and officers of the Republic of Montenegro, the causal link between the illegal acts and damage suffered by the families of the deported civilians, and a clear responsibility of the Republic of Montenegro for the occuring damage.

In this regard, the judgement is of a historic value, because after 14 years of covering-up for the crime, destruction of evidence and silence of the state authorities, the Montenegrin court has faced and acknowledged the truth.

However, the court's assesment of damages is disappointing, for although the amount awarded for emotional pain is considerably low, the primary problem remains the lack of recognition by the court of the fear suffered by the plaintiffs, of violation of their human rights due to lack of any investigation and provision of adequate information in the course of 13 yrs, as well as the material loss. We find that the denial of damages on the stated accounts was in breach of law.

We will be filing an appeal with the Higher Court in Podgorica by the end of this week, and hope that the High Court will correct the judgement on the basis of the facts stated in the case file, which clearly show the following:

- the horrific fear for Sanin's life suffered by both the mother and sister should have been found undisputable, for he had literally been taken away from his mother's arms at gun point by several police officers, only for the mother and sister to find and identify his remains after 13 years of fearing for his life;

- the violation of the prohibition of inhuman and degrading treatment due to 13 yrs. of no official investigation and prosecution what so ever, and one year of an inefficient official investigation, as well as lack of provision of any proper information on the Sanin's whereabouts should have been established and damages awarded based on the requirements of the ECHR and ICCPR, which have been part of domestic law for some time;

- the material damages should have also been found indisputable, for the court established that Sanin was a professional musician, and an owner of a restaurant in Bosnia, and that in spite of his young age (22) he financially supported his mother and sister in the past, and would have countinued doing so, especially in the years of their joint refuge;

- the amount of the damages awarded for the emotional pain due to death of kin was minimalised, the Court taking into account the provisional guidelines of the Higher Court in Podgorica, but not the case law as such, for example, the same Court previously awarded 15,500 EUR in damages to the PM for emotional suffering due to defamation by the media.

In addition, the Court eroneouslly cited the EctHR case Oneryildiz v. Turkey of 30 November 2004, stating that the practice of European Court for Human Rights also does not support higher claims for both material and immaterial damages.

Further judgements, in the cases filed by the families of Safet Buljubasic and Suad Karacic, we expect on 8 and 12 of September.

We continue to believe that the proper way of providing redress to the families would be an apology, a court settlement and an efficient investigation involving all responsible for this war crime, in line with the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for the Victims of Gross Violations of International Human Rights Law and Serious Breaches of International Humanitarian Law.

Anything else would only be a mere continuance of an inhuman and degrading treatment of the Montenegrin officials towards the victims' families, many of which still remain without any information on the whereabouts of their loved ones.