HLC presented the Report on the Implementation of the National Strategy for War Crimes Prosecution and Policy Paper: Accounting for Missing Persons from the Armed Conflicts of the 1990s in the Former Yugoslavia

On Friday, July 27, 2018, the Humanitarian Law Center (HLC) presented its second Report on the Implementation of the National Strategy for War Crimes Prosecution. Opening the discussion on the report, Jelena Krstić from the HLC pointed to the fact that the problems that led to the adoption of the National Strategy for the Prosecution of War Crimes are still current: a small number of indictments, the lack of criteria for prioritising cases, a slowdown in trials, an inadequate witness and victims protection system, as well as inefficient regional cooperation. At the same time, the precondition Serbia needs to fulfill in order to join the European Union (EU) is to make visible progress in the prosecution of war crimes before domestic courts. Bearing in mind the current dynamics of the trials, Serbia risks losing a historical opportunity to prosecute as many war crimes perpetrators as possible. Namely, as time goes by, victims, witnesses and perpetrators are coming closer to the moment of death, and their memories are becoming more and more unstable; everyday socio-economic problems are taking precedence over concerns regarding events that occurred several decades ago, and the perspective of the future is becoming more and more important in relation to the need to solve the heritage of the past. Krstić concluded that for a more effective processing of war crimes the political determination of the institutions of Serbia is crucial, but that strong support and encouragement by the EU is also still needed.

(srpski) Javni čas o Operaciji „Oluja“

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ANNOUNCEMENT: Presentation of the Second Report on the Implementation of the National War Crimes Prosecution Strategy and the Policy Paper: Accounting for Missing Persons from the Armed Conflicts of the 1990s in the Former Yugoslavia

On Friday, 27 July 2018, the Humanitarian Law Center (HLC) will present the “Second Report on the Implementation of the National Strategy for the Prosecution of War Crimes” and the “Policy Paper: Accounting for Missing Persons from the Armed Conflicts of the 1990s in the Former Yugoslavia”. The presentation will take place at 11:00 in the Great Hall of the Media Centre (Terazije 3, 2^nd Floor).

On 20 February 2016, the Government of the Republic of Serbia adopted the first National Strategy for the Prosecution of War Crimes 2016-2020. The HLC has been monitoring the implementation of the National Strategy since its adoption, in order to offer its independent assessment of and findings on the state of implementation of the National Strategy. The initial HLC report on the implementation of the National Strategy was released in December 2017.The second HLC report on the implementation of the National Strategy (Report) provides an overview of the implementation of activities in the period from 1 December 2017 to 01 June 2018, in eight areas covered by the National Strategy. The report points to key deficiencies and identifies recommendations for improving the situation in these areas.

The HLC will also present its “Policy Paper: Accounting for Missing Persons from the Armed Conflicts of the 1990s in the Former Yugoslavia”, which provides an overview of the current results and of the challenges that have arisen in the process of searching for persons who went missing during armed conflicts in the former Yugoslavia in the 1990s, and proposes recommendations for improving efficiency in this area.

Speakers:

• Jelena Krstic, Humanitarian Law Center
• Višnja Šijačić, Humanitarian Law Center
• Gordana Đikanović, journalist from Pristina, member of the Association of the Families of Kosovo and Metohija Victims
• Matthew Holliday, International Commission on Missing Persons (TBC)

Simultaneous interpretation into English will be provided.

(srpski) Javni čas o sudski utvrđenim činjenicama o genocidu u Srebrenici

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The Negative Impact the Court of Appeal Judgment in the Skočić Case will Have on War Crimes Trials in Serbia

With regard to the judgment rendered by the Court of Appeal in Belgrade in the case of the crime committed in July 1992 in the town of Skočić near Zvornik, the Humanitarian Law Center (HLC) held a press conference on July 6^th, 2018. When deciding upon the appeal, the Court of Appeal in Belgrade upheld the acquittal of members of the „Sima’s Chetniks“ unit for the destruction of a mosque and murder of 27 Roma civilians committed in the village of Skočić in July 1992, but modified the judgment in the case of the accused Zoran Alić, Zoran Đurđević and Tomislav Gavrić, finding them guilty of inhumane treatment, violation of physical integrity, sexual humiliation and rape of protected witnesses.

EVENT ANNOUNCEMENT: Press Conference regarding the Decision of the Court of Appeals in the Skočić Case

On June 26, 2018, the Belgrade Court of Appeals issued a verdict confirming the acquittal of members of the “Sima’s Chetniks” unit for the demolition of the mosque and killing of 27 Roma civilians in the village of Skočić (Zvornik, BiH) in July 1992, whilst in relation to the accused Zoran Alić, Zoran Đurđević and Tomislav Gavrić, the Court changed the previous verdict, and sentenced them to prison for rape and inhuman treatment of the three injured parties, protected witnesses.

“Targeting History and Memory”

In the period 2016-2018, the Humanitarian Law Center (HLC) participated in the implementation of the project “Targeting History and Memory”, supported by the EU Programme, “Europe for Citizens”. Together with the HLC, the partners in the implementation of this project were the Center for Dealing with the Past (Documenta) from Croatia, the History Museum of BH, and Europa Nostra from the Netherlands, with the SENSE Center for Transitional Justice from Croatia taking the lead.

Justice deprived of majority of victims

On June 28th 2018, the Humanitarian Law Center (HLC) presented its Report, “Circumventing Justice: The Statute of Limitation as a Mechanism for Denying War Victims the Right to Compensation”.  The Report analyses the practice of courts of the Republic of Serbia in proceedings for the compensation of damages which have occurred as a consequence of the conflicts during the 1990s, and the way in which the courts have interpreted the legal provisions that apply to the statute of limitation for damages arising from a criminal offence.

Circumventing Justice The Statute of Limitations as a Mechanism for Denying War Victims the Right to Compensation

The Republic of Serbia participated in all the armed conflicts that took place in the territory of the former Yugoslavia during the last decade of the twentieth century. A large number of people died, or disappeared, or became refugees, and very many suffered enormous material and non-pecuniary damage as a result of these conflicts.

The obligation of the Republic of Serbia to provide just compensation to victims of human rights violations arises not only from the substantial provisions of the Serbian Constitution and domestic regulations but also from the international conventions that Serbia has ratified.

In spite of the existence of clear provisions of both domestic and international law and the well-established case-law of international bodies, victims in Serbia find it virtually impossible to enforce their right to reparations before the domestic courts. The difficulties victims face in the process are varied. The standard of proof is set too high, court proceedings drag on for several years, courts do not believe the victims and their evidence, to name just a few. Provisions governing statutory-limitation periods for filing compensation claims – or rather, the way Serbian judges interpret them, is one of the major obstacles faced by victims.

The report Circumventing Justice: The Statute of Limitations as a Mechanism for Denying War Victims the Right to Compensation points out the marked tendency of the domestic judiciary to interpret statute of limitations rules in a manner that leads to the denial of the right to compensation for the victims of gross violations of human rights, by ruling their right to compensation time-barred. Such an arbitrary application of the statute of limitations for bringing compensation claims works against the interests of the victims and amounts to a grave violation of the right to a fair trial guaranteed by both domestic and international regulations.

EVENT ANNOUNCEMENT: Presentation of the Report „Circumventing Justice: The Statute of Limitations as a Mechanism for Denying War Victims the Right to Compensation

On Thursday, 28 June 2018, the Humanitarian Law Center (HLC) will present its report „Circumventing Justice: The Statute of Limitations as a Mechanism for Denying War Victims the Right to Compensation”. The presentation will take place at 12:00 in the Great Hall of the Media Centre. The Report analyses the practice of domestic courts in proceedings for the compensation of damages which occurred as a consequence of past human rights violations.

It can be observed that the domestic courts tend to apply restrictively the provisions concerning the effects of the statute of limitations on claims for damages, and that there is no consistent judicial practice in this regard, to assist in the interpretation of the legal provisions concerning the statute of limitations for such claims, with the result that the victims of past human rights violations are deprived of the right to compensation, with the explanation that the legally prescribed deadline for such claims has expired. Such an arbitrary application of the legal provisions which should regulate the statute of limitations in regard of damage claims, which is detrimental for the victims, has rendered a great number of victims deprived of their right to compensation by the Republic of Serbia, which is responsible for the damage done.

The HLC’s rich practice emerging from the civil suits which it has conducted against the Republic of Serbia on behalf of the victims, represents the basis for the Report. The Report elaborates the basic problems noted in the civil proceedings concerning damages before the domestic courts, the HLC’s experience in the representation of victims in the said proceedings, and the comparative practice of the successor countries of the former Yugoslavia in proceedings concerning compensation for damages.

The following people will discuss the findings of the Report:

1. Ivana Žanić, the HLC Legal Team Coordinator
2. Mihailo Pavlović, author of the Report
3. Senad Jusufbegović, Association of the Concentration-camp Detainees in Bosnia and Herzegovina.

Simultaneous interpretation into English will be provided.