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On Friday, 6th December 2019, the Humanitarian Law Center (HLC) presented its “Policy Proposal/Policy Paper: Improving the Rights and Status of Victims and Witnesses in War Crimes Proceedings in Serbia”. In her opening remarks, the HLC’s Ivana Žanić recalled that the HLC is the only non-governmental organisation in Serbia that has been monitoring and analysing all war crimes trials before the courts in Serbia, and informing the domestic and international public about them since 2002. Its long-term experience and in-depth knowledge of war crimes trials in Serbia, said Žanić, has enabled the HLC to identify problems and shortcomings in the existing victim/witness protection system, and develop a policy paper which discusses the current state of play and formulates recommendations aimed at enhancing the rights and position of victims and witnesses in war crimes trials in Serbia. She pointed out that the policy proposal is based on information obtained from the competent authorities, as well as from victims through interviews conducted as part of the HLC’s field research on the subject. Other important sources of information have been the HLC’s previous analyses and reports. Žanić concluded by stating that the findings of the research show that victims who have chosen to testify before the courts in Serbia are exposed to a great deal of emotional strain during, before and after the testimony, as a result of the reliving of their traumatic experiences.
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The role of victims in war crimes proceedings is irreplaceable, as their testimonies in these proceedings are often the key evidence that can support the allegations in the indictment. In order to ensure a smooth and efficient trial, it is crucial that victims have the support of the institutions responsible for prosecution, and that they are informed about court proceedings and their rights, so that their testimony is of as high a quality as possible, but the consequences for them in life afterwards as minimal as possible. The attitude of the competent judicial authorities towards victims greatly affects their decision to participate in criminal proceedings, as well as their sense of confidence in the judicial system. In view of the fact that giving testimony is very traumatic for many victims, it is vital that the judicial system recognises the needs and concerns of the victims and provides them with the support and necessary information to reduce re-traumatisation and, at the same time, prepare them for quality testimony.
Over the past 16 years, since the establishment and operation of the War Crimes Department of the Higher Court in Belgrade, the Humanitarian Law Centre (HLC) has identified a number of deficiencies in the victim and witness support system in war crimes proceedings. Some of the shortcomings are: an inadequate normative framework governing the status of victims and witnesses; the insufficient capacities of the institutions in charge of assistance and support to victims and witnesses during all stages of criminal proceedings; and the insufficient training and sensitivity of employees in institutions competent for war crimes proceedings.
The Policy Paper: Improving the Status and Rights of Victims and Witnesses in War Crimes Proceedings in Serbia analyses the legal and institutional framework governing the rights of victims and witnesses, and identifies existing problems regarding the status of victims and witnesses, with the aim of proposing recommendations to the institutions of Serbia responsible for war crimes prosecutions for improving the conditions under which victims testify during criminal proceedings before the courts in Serbia.
The Policy Paper is available here.
Sorry, this entry is only available in srpski.
On Friday, 6th December 2019, at 11:00 a.m., the Humanitarian Law Center (HLC) will present its “Policy paper: Enhancing the rights and position of victims and witnesses in war crimes trials in Serbia”. The presentation will take place in the Main Conference Hall of the Media Center in Belgrade (Terazije 3, 2nd floor).
Drawing upon its long-term experience with war crimes prosecutions in Serbia, the HLC has identified certain problems and shortcomings in the existing victim/witness protection system, and prepared a policy paper for enhancing the rights and position of victims and witnesses in war crimes trials in Serbia.
Speakers:
Simultaneous translation into English will be provided.
