In 2011, a Federal Court judge concluded that Branko Rogan “participated, both directly and indirectly, in the mistreatment and torture of prisoners.” She said the citizenship revocation proceedings were the first in the post-Second World War era to involve allegations of war crimes.TOM HANSON/The Canadian Press
A man found to have abused Muslim prisoners in war-torn Bosnia and Herzegovina remains in Canada, and an adjudicator with the Immigration and Refugee Board wants to know why.
Branko Rogan was a reserve police officer and prison guard in the town of Bileca in 1992. He arrived in Canada as a refugee in 1994 and became a citizen three years later. Mr. Rogan's actions in Bosnia and Herzegovina came under scrutiny after a chance encounter at a Vancouver-area mall with the wife of a man who had been imprisoned.
In 2011, a Federal Court judge concluded Mr. Rogan "participated, both directly and indirectly, in the mistreatment and torture of prisoners." She said Mr. Rogan also concealed information from Canadian immigration officials when he applied for citizenship. The judge said the citizenship revocation proceedings were the first in the post-Second World War era to involve allegations of war crimes.
At a hearing Thursday, IRB adjudicator Geoff Rempel asked why Mr. Rogan was still in Canada, and several times questioned why the government was seeking another deportation order when one has already been issued.
"I have an initial question for the minister's representatives and that relates to mootness. I'd like an explanation please, if you're able to provide one, of why Mr. Rogan is still in Canada and why the minister is seeking this proceeding," Mr. Rempel said.
Renee Wyslouzil, one of two representatives for the Minister of Public Safety, did not provide a clear answer. She said the board was required to consider the case, and the minister's position was in line with the promotion of international justice.
Mr. Rempel was not swayed. "So far, I haven't understood why the minister is seeking this additional decision from the board," he said. "I hope it's not simply your unit trying to get another stat. I don't think that would be appropriate. And I'm not making that insinuation, but I haven't heard of any reason really why the matter should go forward."
Ms. Wyslouzil requested two weeks to make further written submissions, a request that was granted. Outside the hearing, Ms. Wyslouzil said she could not explain the lag in Mr. Rogan's case.
Justice Anne Mactavish, in the Federal Court judgment, noted the case was not a criminal proceeding because Mr. Rogan did not face criminal charges. The case was tried with a lower standard of proof.
Christian Nielsen, an expert in east central European history, told the court Bileca a had a population of just over 13,000 people in 1991. Approximately 80 per cent were of Serb ethnicity, while nearly 15 per cent were Muslim; the town also had a small number of Croats. Mr. Rogan is a Serb.
There was armed conflict in Croatia following that country's decision to secede from Yugoslavia, conflict that spilled into Bosnia and Herzegovina, Dr. Nielsen said. A 1992 vote for an independent Bosnia and Herzegovina further heightened tensions. Court heard Muslims were intimidated and restrictions were placed on their movement.
Dr. Nielsen said areas of the country would see mass arrests of all male Muslims and Croats. The individuals were detained in prisons or detention facilities.
The court heard from four men who were held in Bileca. None alleged they were abused by Mr. Rogan, but said he had abused other prisoners.
The judge found Mr. Rogan struck one prisoner in the face, and was complicit in the beating of another. She said Mr. Rogan was also directly responsible for the beating of a third man, who was elderly.
Mr. Rogan did not appear with a lawyer at Thursday's hearing and mostly listened . At one point, however, he said he has not lied during the case.
"I just want to say I'm a human being, like you," he said. "I don't lie, nothing, never."