DISSENT ING OPINION OF JUDGE MIJOVI Ć

The applicant, contesting the lawfulness of his detention, relied on Article 5 § 1 of the Convention.

As emphasised in my dissenting opinion in Al Husin v. Bosnia and Herzegovina, no. 3727/08, 7 February 2012, this complaint should have been dealt with under Article 5 § 1 (c), whereas the Chamber chose to deal with it under Article 5 § 1 (f). To avoid repetition, I refer to the detailed reasoning contained in that opinion .

[1] 1. While the respondent State was called “the Republic of Bosnia and Herzegovina ” during the 1992-95 war, the name “ Bosnia and Herzegovina ” is nevertheless also used in this judgment when referring to that period.

[2] 2.  B osnian Muslims are also known as Bosniacs . The term “ Bosniacs ” should, however, not be confused with the term “Bosnians ”, which is used to denote BH citizens irrespective of their ethnic origin.

[3] 1. T he ARBH forces, mostly made up of the Bosnian Muslim population, were loyal to the central authorities of BH.

[4] 2. On 13 March 2002 t he Al-Haramain Islamic Foundation was placed on the list of entities associated with al-Qaeda maintained by the United Nations.

[5] 3. On 21 November 2002 t he Benevolence International and Bosanska idealna futura , its office in BH, were placed on the list of entities associated with al-Qaeda maintained by the United Nations. On 10 February 2003 Enaam M. Arnaout , its director, was convicted in the United States after he pleaded guilty to a racketeering conspiracy. In the plea agreement, he admitted that for a decade the Benevolence International Foundation had been defrauding donors by leading them to believe that donations were being used for strictly peaceful, humanitarian purposes , while some of that money was being diverted to mujahedin in BH.

[6] 1. The HVO forces were mostly made up of the local Croatian population. They were loyal to the authorities of neighbouring Croatia (see the ICTY judgments in Blaškić , IT-95-14-T, §§ 95-123, 3 March 2000, and IT-95-14-A , §§ 167-78 , 29 July 2004) .