Bosnia’s Foreign Fighter Dilemma

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http://www.wvwnews.net/story.php?id=2760

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Bosnia plays a legal back-and-forth with foreign figthers from Islamic countries who arrived in the early 1990s and have never left, many obtaining citizenship on questionable grounds. The latest high-profile case has seen the citizenship of a Tunisian-born man labeled a national security threat revoked and the man slated for deportation; however, a Bosnian court has reversed that decision as it follows procedure by the book.

A Bosnian court on 11 January reversed the government’s decision to strip Bosnian citizenship from Tunisian born Abu Hamza, who has been linked repeatedly by security forces to criminal and radical Muslim groups. ISA experts reported in late December that Abu Hamza was one of the first candidates slated to be deported from Bosnia to his country of origin.

After the Bosnian government’s Commission for Citizenship Revision revoked the citizenship of Abu Hamza, also known as Karray Kamel bin Ali, in April 2007, he submitted an appeal to the Bosnian high court, arguing that the move violated legal procedures.When the commission revised his case, they found several irregularities. The commission discovered that Abu Hamza had given false identity information in his citizenship application and that he had falsely claimed that he was a member of the Bosnian Army at the time of application. The authorities have also labeled him a potential national security threat who maintains ties to figures with terrorist aspirations.      

However, based on the documentation presented by his lawyer, the court found that at the time of his citizenship application, Abu Hamza was commander of the El-Mujahid unit and that under Bosnian laws he had the right to gain citizenship through his marriage to a Bosnian woman, who left him after the war. This unit was under the official jurisdiction of the Bosnian Army during the war, though it operated autonomously and was comprised of foreign fighters from Islamic countries.

In its decision, the court said there were legal elements proving that Abu Hamza had gained Bosnian citizenship legitimately and that an evaluation of whether any documents had been falsified did not fall under the commission’s jurisdiction. Still, the court called for authorized institutions to investigate Abu Hamza’s case further.

http://www.isaintel.com/site/index.php?option=com_content&task=view&id=115&Itemid=1

2008-01-15