On the occasion of misdemeanour proceedings against the activists of the Youth Initiative STATE DEFENDS WAR CRIMINALS

On the occasion of misdemeanour proceedings against the activists of the Youth Initiative STATE DEFENDS WAR CRIMINALS

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The Basic Public Prosecutor’s Office in Stara Pazova has filed misdemeanour charges against nine activists of the Youth Initiative for Human Rights over the incident that happened on January 17 2017 in the Vojvodina village of Beška. The activists interrupted a forum hosted by the Srpska napredna stranka (Serbian Progressive Party) as a sign of protest, because one of the speakers was the convicted war criminal Veselin Šljivančanin. They were forcibly expelled from the auditorium, beaten and injured. The Humanitarian Law Center believes that the decision of the Prosecutor’s Office in Stara Pazova to initiate legal action against the attacked activists is an indicator that state institutions are siding with war criminals and charging those who take a stand to oppose them.

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Constitutional complaint in Trnje Case for violation of right to trial within reasonable time: Obstruction of war crimes trials without court reaction

Constitutional complaint in Trnje Case for violation of right to trial within reasonable time: Obstruction of war crimes trials without court reaction

On Tuesday, November 28, 2017, the Humanitarian Law Center (HLC) filed a constitutional complaint on behalf of the victims in the Trnje Case for violation of their right to a trial within a reasonable time. This case is being processed before the War Crimes Department of the High Court in Belgrade. The trial in this case was from the beginning obstructed by the accused, who continued with impunity, and during the four years since the indictment was issued, only nine trial days have been held. The HLC considers this case to be a paradigm of war crimes trials in Serbia: all accused persons defend themselves undetained; hearings are scheduled with monthly intervals; a strategy of the defense has for its aim the constant delay of hearings, which is being tolerated; and the few victims who monitor trials believing that they may see justice, are being ignored and humiliated.

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War Crimes Prosecutor drops the only investigation against a high-ranking military officer

War Crimes Prosecutor drops the only investigation against a high-ranking military officer

#IzSudnice - Sajt  - 3On Friday, November 24, 2017, the Humanitarian Law Center (HLC), on behalf of the victims, filed an objection to the Office of the War Crimes Prosecutor’s (OWCP) decision not to prosecute General Dragan Živanović, the former commander of the 125th Motorized Brigade of the Army of Yugoslavia (125th mtbr VJ). The OWCP rendered this decision on March 1, 2017, and, contrary to the law, did not deliver it to the legal representative of the victims; however, the very next day, the prosecutor, Dragoljub Stanković, who conducted the investigation, informed Živanović and his defense attorney regarding the decision. The decision to drop the only investigation against a high-ranking officer of the VJ in secret, and thus to subvert the victims’ right to react in a timely manner, clearly shows that the OWCP, contrary to the obligations accompanying its process of EU integration, does not intend to abandon its habitual practice of guaranteeing impunity for high-ranking persons in the military, police and political structures.


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After the Ratko Mladic Judgment – Using the potential of the ICTY convictions for reconciliation in the region

After the Ratko Mladic Judgment – Using the potential of the ICTY convictions for reconciliation in the region

Logo FHPOn 22 November 2017, the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague pronounced the first-instance judgment against Ratko Mladic, former commander of the Republika Srpska Army (VRS), sentencing him to life imprisonment. The Humanitarian Law Center (HLC) considers that the facts established, the findings of responsibility and the evidence presented encompass the judicial truth about the genocide in Srebrenica and other crimes committed during the war in Bosnia and Herzegovina (BiH). The findings of the judgment and the extensive documentation collected during the proceedings now represent valuable potential for a final and decisive step toward reconciliation and dealing with the past.


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Criminal charges for crimes in Skabrnja and Nadin

Criminal charges for crimes in Skabrnja and Nadin

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On November 21, 2017, the Humanitarian Law Center (HLC) filed a criminal complaint with the Serbian War Crimes Prosecutor (WCP) against six identified and several unidentified members of the Yugoslav People’s Army (JNA) and Territorial Defense Unit (TO), for the killings of 48 Croatian civilians in the villages of Skabrnja and Nadin (Croatia) in November 1991.

Namely, on November 18, 1991, together with the Benkovac TO, the JNA entered the village of Skabrnja in the municipality of Zadar. After entering the village, they destroyed the Church of the Blessed Virgin Mary. After that, 41 Croat civilians were killed in various locations in Skabrnja. The next day, in the nearby Nadin, seven more civilians were killed.


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Role of the State in hiding Ratko Mladić – State Secret

Role of the State in hiding Ratko Mladić – State Secret

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In response to a request from the Balkan Investigative Reporting Network (BIRN) to provide a copy of the indictment against 11 people for helping hide the then fugitive Ratko Mladic, the First Basic Public Prosecutor’s Office responded that the indictment had been declared a state secret and that the public could not be informed. The Humanitarian Law Center (HLC) considers that the decision to proclaim this document a state secret is illegal, and aimed at concealing the role of state organs in hiding war crimes indictees.

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25 years since the crime in Sjeverin It is our duty to remember and respect the victims of war crimes

25 years since the crime in Sjeverin   It is our duty to remember and respect the victims of war crimes

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On Sunday, October 22nd it will be exactly 25 years since the kidnapping and murder of 17 Serbian citizens of Bosniak ethnicity near Sjeverin, in the Priboj municipality. The Humanitarian Law Center (HLC) and the Sandzak Committee for the Protection of Human Rights and Freedoms (Sandzak Committee) reiterate that the Serbian authorities, even after 25 years, have not undertaken any action to fulfill their moral and legal obligations towards the victims’ families, neither in terms of finding the victims’ mortal remains, nor in providing a fair compensation.


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The European Court transfers the responsibility for the non-prosecution of crimes from the Prosecution to the Victims

The European Court transfers the responsibility for the non-prosecution of crimes  from the Prosecution to the Victims

imagesOne year after it rejected the application of former detainees from the Šljivovica and Mitrovo Polje camps, the European Court of Human Rights issued a decision on October 19 2017 declaring the second application, submitted on behalf of family members of the killed camp detainees, inadmissible. The Humanitarian Law Center (HLC), which represented the victims’ families in these proceedings, points out that the European Court re-used the same, factually unsustainable structure of reasoning in order to transfer the responsibility for the inactivity of war crimes prosecutions from the state to the victims themselves.

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Military medical facilities in the service of obstructing justice in war crimes proceedings

Visi_sud_beogradThe main trial before the War Crimes Department of the High Court in Belgrade in the Trnje case, which was scheduled for September 13 2017, was not held because the defendant Pavle Gavrilović did not appear before the Court, again, because he allegedly fell ill on the day of the trial. His absence was, as in previous occurrences, justified on the basis of medical records issued by the Military Hospital in Niš. The second defendant, Rajko Kozlina, used to use a similar tactics of absence from the trial, with the only difference that he received confirmation of hospitalization from the Belgrade Military Medical Academy. Both defendants are still members of the Army of the Republic of Serbia. The Humanitarian Law Center (HLC) points out that this is a deliberate obstruction by the defense, with the complicity of military medical institutions, and calls on the court to, by at least placing the defendants in custody, put an end to an obvious obstruction of justice.

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Action Plan for Chapter 23 and the National Strategy for the Prosecution of War Crimes – dead letters

Action Plan for Chapter 23 and the National Strategy for the Prosecution of War Crimes – dead letters

ministarstvo_pravdeMore than a year after the adoption of the  Action Plan for Chapter 23 (Action Plan), the provisions of this document relating to the prosecution of war crimes are being carried out superficially, for merely ”cosmetic” purposes, and many of the prescribed activities are not being carried out at all. The situation is the same when it comes to the implementation of the National Strategy for the Prosecution of War Crimes (National Strategy). It must therefore be said that the state authorities responsible for the implementation of the above provisions of the Action Plan and  National Strategy are falsely informing the public about their work, and continually making it difficult for the civil society to access relevant information and monitor their work. The Humanitarian Law Center (HLC) believes that such behaviour is contrary to the obligations of the accession negotiations with the EU, and is an indicator of Serbia’s lack of commitment to the reform process, as well as sincere effort to prosecute war crimes more efficiently.

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