Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006Implementation of the Law on War CrimesProsecutionWhen government bodies for organized crimes are concerned, this law isfully applies. The War Crimes Chamber, Prosecution, Service, and Specialprison unit were formed. A special department that should offer support tovictims and witnesses in order to more easily go through stressful situationsthat war crimes trials bring is a recently formed body. The act regulatingthe work of a special department, that was supposed to be passed by thepresident of the District Court with agreement of the minister in chargeof justice 711 , was passed in the form of Information Booklet for Damagedparties and Witnesses 712 . This set the rules on the basis of which victimsand witnesses participating in war crimes trials are treated. Although thegovernment was obliged to provide financial means for the work of specialdepartment 713 , it did not do so 714 . Due to this, the War Crimes Councilwas forced to seek help elsewhere, so the funding was provided by the USEmbassy 715 . The US Embassy continually supports the work of the Serbianjudiciary so on April 12, 2006 it signed an Agreement with representativesof the District Court and Prosecution on assistance for the procurement oftechnical equipment and promotion of investigation worth USD 40,000 716 .This happened despite a strict legal regulation that the ministry in charge ofthe judiciary should provide all necessary means for safe and efficient workof the Prosecution, the War Crimes Council, the Special department, andthe Special prison unit 717 .During the proceedings, the War Crimes Chamber employs specialstipulations regarding criminal act of organized crime and other CriminalProceedings Code stipulations shall be applied when necessary. 718 Takingstatements from witnesses via conference link has been conducted so far intwo cases – “Ovcara” and “Skorpioni”. During the hearing of Kosanovic711 The Law on war crimes prosecution, Article 11, item 2712 Information booklet for damaged parties and witnesses is available at http://okruznisudbg.org.yu/content/informatorzasvedokelat, visited on 25 th , 2006713 Ibid, Article 20714 Report from the meeting with Ivan Ramic, spokesperson of the War Crimes Chamber is in the Initiative’sdocumentation715 Ibid716 A.R, US Donation to the Belgrade District Court, DANAS, April 13 th , 2006717 The Law on war crimes prosecution , Article 19, see above under 4718 Ibid, Article 13126
Implementation of Transitional Laws in Serbia 2006Dusko 719 in the “Skorpioni” case, Zoran Jevric, 720 the lawyer, refusedto question Kosanovic on grounds of non-existence of such witnessquestioning method in our legal system. 721 Jevric did the same in the courseof questioning the protected “witness A” at the main hearing held on April12 th /13 th 2006. Conference link hearing proved a very important and usefulsource of information for the War Crimes Chamber in those cases whenwitnesses could not or would not give statements in Belgrade. Were it notfor such an opportunity, the Chamber would be deprived of certain, oftcrucial, testimonies. 722District Court in Belgrade has so far received a substantial internationallegal aid, first of all by the Hague Tribunal. The evidence gathered by theHague investigators has so far been used in the cases “Ovcara”, “Skorpioni”,“Zvornik” but also in the “Anton Lekaj” case. 723 This issue is regulated bythe European Convention on Legal Aid in Criminal Cases 724 ratified bySerbia and Montenegro 725 , as well as by bilateral agreements on legal aid thatRepublic of Serbia signed with Croatia 726 and Bosnia and Herzegovina. 727Besides this, the Legislator decided to include in the Amendments to the Lawon War Crimes Trials a stipulation governing the use of evidence gatheredby the Hague Tribunal, that is, by the Tribunal’s Prosecutor’s Office. Bymeans of accepting statements given before the Hague Tribunal, nationalcourts will avoid direct questioning of witnesses on the same events. Thus,the obstacles in taking statements from persons not resident on the territoryunder Serbian judiciary competence will be circumvented, and it will savetime and resources too. The remaining moot point is whether, based onevidence gathered by The Hague Tribunal Prosecution, the Prosecutorwill be able to initiate proceedings and prosecute any case or only thosehanded over to Serbian judiciary by the Tribunal. 728 A logical and systematic719 Dusko Kosanovic was a driver in the „Skorpioni“ forces and at the same time person through whom theHumanitarian Right Fund and The Hague Tribunal got hold of the cassette showing murdering six civilians inTrnovo720 Zoran Jevric is the defendant’s, Branislav Medic’s, lawyer721 The Initiative’s archives contain the report on the main hearing in “Skorpioni” case held on April 11 th 2006722 As proven by the statement of Dusko Kosanovic, who testified via conference link in the “Skorpioni” case.The Initiative’s report from the hearing in the “Skorpioni” case dating April 11 th /12 th 2006723 The Initiative’s archives contain the report from the meeting with the War Crimes Chamber spokesperson,Ivana Ramic724 European Convention on Mutual Legal Aid in Criminal Cases was brought on April 20 th , 1959. in Strasbourgand the Additional Protocol to the Convention was adopted on March 17 th , 1978 also in Strasbourg725 Law on ratification of the European Convention on Mutual Legal Aid in Criminal Cases was adopted onNovember 9 th , 2001, Official Gazette of FRY 10/2001726 The agreement between FRY and Republic of Croatia on legal aid in criminal and civil proceedings wassigned on September 15 th , 1997727 The agreement between FRY and Bosnia and Herzegovina on legal aid in criminal and civil proceedings wassigned on February 24 th , 2005. in Sarajevo728 The use of witness statements given before the ICTY in procedures before the domestic courts, Dragoljub Stanković, can127
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Implementation of Transitional Laws in Serbia 2006

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