Local woman sits in Bosnian jail without charges so far

In a front page story on Friday, James Vassallo of the Daily News traces the developments far off in Bosnia over the New Years period that have led to a local woman being incarcerated in a jail, that after a violent altercation with her then boyfriend, an altercation that resulted in his death.

In addition to the tragic background story, Vassallo provides details on how External Affairs Canada is handling the situation and how the credit union has set up a fund to raise money for the woman's legal requirements.

It's an interesting story that has many questions but no ending thus far.

Local woman trapped in Bosnian jail system hell
By James Vassallo
The Daily News
Friday, February 02, 2007

It was the act of defending herself from the man she loved that landed Kim Wilhemsen bleeding, bruised and behind bars in a country half a world away, say her supporters.

The local woman has now been in an antiquated Bosnian prison for a month without charges since the Dec. 30 death of her live-in boyfriend, Thomas Jordi, 26, of Red Deer, Alberta.
“This is really out of character for Kimmy, she went through high school and probably never had a fight in her life,” said John Stevens, Wilhemsen’s step-brother. “This is something she wouldn’t do or plan on doing unless it was necessary. She’s all battered and beaten up.”
The details from the Bosnian city of Sarajevo remain sketchy, but email accounts from Wilhemsen’s sister, who is currently overseas, detail a harrowing night where the local women fought for her life.

Wilhemsen had allegedly been assaulted by Jordi and left their apartment in Sarajevo where he was working as a communication electrician. She returned later to gather some things and a second, more ferocious beating allegedly occurred. This time Wilhemsen fought back.

“She must have really loved the guy because Kimmy’s mother just passed away in the middle of November and she didn’t even show-up for the funeral, she elected to stay with her boyfriend,” said Stevens. “It’s not like she killed him out of hatred. I think it was really something she had to do. She took a beating. This was in self-defence and people are going to have to know.”

In bad shape — differing reports suggest a broken arm, nose, facial fractures and other injuries — Wilhemsen called for an ambulance. She was later arrested at the hospital while waiting for medical attention, something Stevens said she still hasn’t received. The family now worries about a fair trial in a country not known for it’s support of women’s rights.

“It sounds like they’re going for the max,” said her step-brother. “This is a struggle for her life here. As far as we know, she could be tried, convicted and hung in one week there.”

Concerns around a fair hearing and Wilhemsen’s treatment in prison — she has also allegedly been beaten while in custody — are not without merit. Among the concerns cited by the U.S. State Department about the Bosnian legal system are physical abuse from guards, massive corruption and denial of fair public trials. The State Department notes “conditions are poor in police detention facilities, over-crowding, inadequate food and hygiene were chronic problems.”

Women’s Rights groups are also concerned that if Wilhemsen was a victim of domestic violence, it won’t be considered relevant. In Canada, a history of such abuse would be viewed as a mitigating factor.

“I think one of the biggest concerns that I have is that domestic violence is only classified as a misdemeanor which is punishable by a fine, the same as a parking violation,” said Grainne Barthe, a counsellor with the North Coast Transition Society, on the current atmosphere of women’s rights in the country. “Police treat domestic violence as a private family matter and they refuse to intervene in most cases.

“Basically (they view it as) he did nothing wrong. He should have got a $40 ticket and then gone on his own way.”

Barthe notes that a survey of 4,000 Bosnian women found 65 per cent had been the victims of family violence, and 75 per cent had not bothered to report it. Somewhere between 20,000 and 60,000 Bosnian women were also raped while in the custody of the government during the 1992 - 1995 war in the region.

“Domestic violence seems to be a huge issue because of post-war traumatic stress and alcoholism among men,” she said. “Even UNICEF states that massive reconstruction efforts in Bosnia have remained largely blind to the particular needs of women and children. There is widespread recognition that it’s a problem.”

Afraid for Wilhemsen’s life —although Amnesty International notes capital punishment was officially banned in the country in 2001 — friends and family are asking for help in ensuring she gets a semblance of a fair trial. Their greatest hope is to have her extradited to Canada.

However, they need in the region of $50,000 to retain a lawyer.

“(Kim’s) sister flew there to see what could happen and they’ve got a lawyer who will take the case but they want money and they want it now, but she just can’t come up with that kind of money on her own,” said Natalie Castonguay, a family friend.

“There’s just not a lot time. She needs to get a lawyer, she’s been sitting there for a month.
“They’ve tried to get her back to Canada, but the (Bosnian government) won’t just let it happen. The lawyers have said they can do it, they just need to get there and get it going — but she needs the money to do that first.”

An account has been set-up at Northern Savings Credit Union (#7039654) in Trust of Kim Wilhelmsen for those who wish to help.

Foreign Affairs Canada refused to confirm any details of Wilhelmsen’s arrest, whether or not she had been charged or even if they were doing anything to help the local women. A spokesperson said doing so would violate the Privacy Act.