War crimes trials in light of constitutional amendments
On January 22, 2018, the Ministry of Justice published a working text that envisages amendments to the Constitution in the provisions governing the work of the judiciary. The Humanitarian Law Center (HLC) would like to point out that the proposed amendments to the Serbian Constitution reduce the currently attained level of independence of judges, as well as the autonomy of prosecutors, only to relocate the existing political influence on the judiciary from the National Assembly to the High Judicial Council, through the “distinguished lawyers” who constitute this body and independently have the majority in making decisions, as well as the authority to introduce institutes and institutions through which the executive power can directly exercise political influence on the election of judges and prosecutors. Bearing in mind the previous work of the Office of the War Crimes Prosecutor (OWCP) and of the Special Council of the Higher Court in Belgrade regarding war crimes, characterized by the small number of indictments, the non-processing of medium and high-ranking members of the army and police, the absence of political support for trials and the delays in proceedings, the HLC considers that the proposed amendments to the Constitution will only contribute to the continuation of such a manner of working, owing to political pressure, which is bound to come from the change in the composition of the High Judicial Council and of non-judicial bodies that would be receiving quasi-judicial powers.