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After more than three years, the Compensation Commission for Potocari, tasked with compensating the survivors of the July 1995 genocide on behalf of the Dutch government, has concluded its work, awarding 2,337 compensations for 611 victims.
On the eve of the 29th anniversary of the genocide, the final report was presented to the Mothers of Srebrenica. From June 15, 2021, to June 15, 2023, relatives of genocide victims could file for compensation. The Commission received over 8,000 applications, relating to 2,690 victims. Ultimately, 2,337 compensations were awarded for 611 victims.
Kada Hotic, Vice President of the Mothers of the Enclaves of Srebrenica and Zepa Association, expressed satisfaction with the outcome.
“We sued them, the Ministry of Defense and the Government of the Netherlands. We managed to prove that the Netherlands had a role in this genocide because they admitted responsibility. This is important for the state of BiH, although the money is minimal. There are still some appeals, but no more applications will be accepted,” she said.
On July 11, 1995, when the Army of Republika Srpska (VRS) took over Srebrenica, Dutch soldiers tasked with protecting the UN-designated safe area failed to prevent the genocide. Over 7,000 men and boys were killed.
In 2019, the Dutch Supreme Court ruled that the Netherlands was responsible, to a very limited extent, for the deaths of approximately 350 victims. This applied to a group of men who were expelled from the Dutch Battalion base on the afternoon of July 13, 1995.
According to the Supreme Court, the Dutch Battalion acted unlawfully, knowing that the male refugees from Srebrenica were in serious danger of being attacked or killed. It was estimated that if the men had been allowed to remain in the base, their chance of survival would have been small but not negligible, at about ten percent. Thus, the closest relatives of those 350 victims could hold the Netherlands responsible for ten percent of the damages they suffered.
The compensation includes payments of 15,000 euros for the spouses of the deceased and 10,000 euros for other surviving relatives—children, siblings, and others. The total amount of payments made so far has not been disclosed. As of June 2023, approximately 12 million euros had been paid out for 1,145 approved claims.
Hotic received compensation for her husband but not for her son.
“But they took some ten percent estimate, which I can never understand—is that the value of a person? A person's value is immeasurable. That’s how their court ruled… Their court decided to award ten percent compensation based on some estimate of their responsibility, and among the thousand people claiming compensation, there are several family members, like the mother and children,” she told Detektor.
The Supreme Court’s ruling differentiated between refugees inside the military base and those outside.
“Their statements clearly indicate that their fate and suffering are no different from the relatives of victims who were inside the base. Statements from those who couldn’t prove their relative was in the UN base all testify to horrific personal tragedies. The painful statements of women who had to watch as Bosnian Serb soldiers took away their husbands and sons. Based on the criteria of the Decree, we had to reject applications with such statements, despite our efforts to apply leniency,” the report states.
“For my son, they said he wasn’t there, that he was seen elsewhere, based on what they heard from others. But it doesn’t matter; I didn’t make a fuss because no one can pay for my son,” said Hotic.
According to the Commission, the right to compensation was extended to victims not on the original list of 350.
“Relatives had to prove that their deceased family member was in the UN base on July 13, 1995. This was generally done by submitting eyewitness statements,” the report states.
The report acknowledges that requesting detailed eyewitness statements can be an emotional burden for both the applicant and the witness.
“The horrific events in Srebrenica have left deep scars on all survivors,” it says, noting that the Commission was aware that rejecting a well-explained application could cause even greater pain to the relatives.
While searching for witnesses to their relatives, many survivors have since passed away.
“It was also clear that finding witnesses more than 25 years after the Srebrenica genocide was not easy for many applicants,” the report states.
The Commission notes that relatives who could not credibly prove their deceased family member was in the UN base felt the rejection of their applications was unjust, leading to misunderstandings and disappointment.
“Some perceived the rejection of their application as a denial of the harm done to their loved ones and a negation of their personal suffering,” the report states.
Surviving relatives could submit claims until the summer of last year.
To mitigate the possible harmful effects of granting compensation or rejecting some claims, the Commission recommended that the Dutch government provide resources for appropriate psychosocial support for surviving relatives of the victims, reports BIRN.
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