Croatia urged to speed up war crimes prosecutions

Amnesty International
December 9, 2010
Full report: http://www.amnesty.org/en/library/info/EUR64/003/2010/en
Video: http://www.youtube.com/watch?v=hFAEhT2bh9s

The Croatian authorities should speed up the prosecution of war crimes suspects and make it their top priority, Amnesty International has said in a report published today.

Behind a wall of silence: Prosecution of war crimes in Croatia, shows how the country’s justice system is failing to provide many of the victims of the 1991-1995 war with justice amid continued delays, threats against witnesses and concerns over standards.

Government statistics currently indicate that on average 18 war crimes cases are concluded each year. With almost 700 cases yet to be prosecuted, most of those responsible may never face trial.

“People need to know the truth about events from the recent past that have marred the lives of many. Victims and their families need justice. It is the responsibility of the Croatian authorities to deliver both,” said Nicola Duckworth, Europe and Central Asia Programme Director.

“The authorities have the support of the international community, however despite the often declared commitment by officials to deal with impunity for war crimes and despite progress in some areas justice has been slow in coming and very selective.”

Crucial concepts such as command responsibility, war crimes of sexual violence and crimes against humanity are also not defined in national law in accordance with international standards. This results in impunity for many of the crimes.

The overwhelming majority of war crimes proceedings in Croatia take place before county courts, where trial panels are rarely formed exclusively of criminal judges, and panel judges all too often lack sufficient expertise in international criminal law and other relevant international standards.

Witnesses in war crimes proceedings continue to face intimidation and threats. County courts do not have the basic facilities to provide witness support and protection.

Prosecutions of war crimes in the period of 2005-2009, on which this report focuses, have disproportionately targeted Croatian Serbs who were the accused in nearly 76 per cent of all cases.

At the same time, despite the existence of publicly available information, including evidence from public court proceedings in Croatia, allegations against some high profile military and political officials have not been investigated.

The allegations are detailed more fully in the report, but examples include Vladimir Šeks, Deputy-Chairman of the Croatian Parliament, who is alleged to have been involved in crimes committed in Osijek in 1991.

General Davor Domazet-Lošo, who was identified in a trial judgment as, effectively being in command of the 1993 military operation in Medak Pocket, and Tomislav Merčep, a war time Assistant Minister of the Interior and reportedly under investigation by the International Criminal Tribunal for the former Yugoslavia, have also so far also escaped thorough, independent and impartial investigations for similar allegations.

While some people indicted for war crimes continue to enjoy state support, many victims of war crimes are denied access to reparation.

“War crimes have no ethnicity. They affect people regardless of their origin and the perpetrators must be prosecuted regardless of their ethnicity or their social position,” Nicola Duckworth said.

Amnesty International calls on the Croatian authorities to bring the country’s legislation in line with international standards; develop a state strategy for prosecution of war crimes cases and bring to justice all those, including senior officials, allegedly responsible for committing crimes during the 1991-1995 war.

“Many of the failings of the Croatian justice system may result in large part from a lack of political will to deal with the legacy of the war,” Nicola Duckworth said.

“Croatia must deal with its past in order to move forward. Impunity for war crimes is a stumbling block towards membership in the European Union. By removing it, the authorities will prove that the country is unequivocally on a path that closes the gaps in delivering justice. The victims expect, and deserve, no less.”

Croatia’s declaration of independence from the Socialist Federal Republic of Yugoslavia in June 1991 was followed by an armed conflict between the Croatian Army and Croatian Serb armed forces, aided by the Yugoslav People’s Army, which ended in 1995.

During the 1991-1995 conflict, massive and serious human rights violations were perpetrated by both sides such as arbitrary killings, torture including rape, enforced disappearances, arbitrary detention and forcible expulsions; hundreds of thousands of people became refugees abroad or internally displaced.

Since the early stages of the conflict, Amnesty International has been campaigning against impunity for war crimes committed in Croatia and elsewhere during the wars that accompanied the disintegration of Yugoslavia.

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War Crimes Prosecution Watch, Vol. 5, Issue 18 — December 6, 2010

Volume 5, Issue 18 – December 6, 2010

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

Darfur, Sudan

Democratic Republic of the Congo (ICC)

Kenya

AFRICA

International Criminal Tribunal for Rwanda

EUROPE

European Court of Human Rights

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Iraqi High Tribunal

Special Tribunal for Lebanon

NORTH AND SOUTH AMERICA

United States

TOPICS

Terrorism

Piracy

Universal Jurisdiction

REPORTS

NGO Reports

UN Reports

TRUTH AND RECONCILIATION

COMMISSIONS

General

  • Solomon Islands
  • Togo
  • Canada

COMMENTARY AND PERSPECTIVES

WORTH READING

—

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world.  If you do not want to receive future issues of War Crimes Prosecution Watch, please email warcrimeswatch@pilpg.organd type “unsubscribe” in the subject line.

Colombian Lawmakers Block Legislation That Would Compensate Victims Of State Violence

By Patrick Vanderpool
Impunity Watch Reporter, South America

Memorial services for victims of violence in Colombia (photo courtesy of Colombia Reports)
Memorial services for victims of violence in Colombia (photo courtesy of Colombia Reports)

BOGOTA, Colombia – Earlier this week, twenty-three Colombian lawmakers blocked a vote on a law intended to regulate compensation for victims of violence in the country.  The proposed law establishes a process of reparation and assistance available to the more than 4 million Colombians affected by the country’s violence committed by guerrillas, paramilitaries and government forces will all be eligible under the law.

Last week, international NGO International Organization for Migration weighed in with their support for the proposed legislation by signing a memorandum with Colombia’s Vice President Angelino Garzon.  The memorandum also illustrates an initiative to create an agenda for promoting human rights, protecting migrant populations and preventing children from involvement in armed conflict.  Garzon went on record to say “the victims law would be an invaluable tool, but could have ended up being a dead letter if not for the support of international bodies such as the OIM.”

Although the law has seen significant support from international organizations, and perhaps most importantly from current Colombian President Juan Manuel Santos, members of the Colombian Legislature blocked the bill from moving forward citing a “conflict of interest.”  Elias Raad, one of the representatives who blocked the vote, said that he couldn’t vote because the husband of a fourth cousin would benefit from the law.

The majority of representatives responsible for blocking the vote are supporters of former President Alvaro Uribe, who publicly opposed the law.  Uribe refused to support the bill because it includes compensation for victims of state violence and Uribe simply found that these reparations would be “too expensive.”

Interior and Justice Minister German Vargas Lleras and Agriculture Minister Juan Camilo Restrepo were vocal in their anger about the congressmen’s blocking of the vote.  Restrepo called the legislators’ actions “filibuster politics,” claiming the only aim is to obstruct the approval of the law by delaying the necessary voting rounds.  Vargas Lleras claimed that he would call “extraordinary sessions” if the House wasn’t able to vote on the bill within its legal time limit.

For more information, please see:

Colombia Reports – Lawmakers Block Victims Law Vote – 8 December 2010

Colombia Reports – International NGO Supports Victims Law – 3 December 2010

Colombia Reports – Santos to Personally Defend Victims Law – 27 September 2010

A Divided Ivory Coast

By Daniel M. Austin
Impunity Watch Reporter,  Africa
Supporters of Mr. Ouattara burn tires in Abidjan. (Photo Courtesy of AP).
Supporters of Mr. Ouattara burn tires in Abidjan. (Photo Courtesy of AP).

ABIDJAN, Ivory Coast – The results of recently held presidential elections in Ivory Coast have thrown the west African nation into chaos. When the election results were tallied, the initial winner was the challenger Mr. Allassane Ouattara. However, a day after the country’s top election official endorsed Mr. Ouattara as the winner, the Constitutional Council which oversees elections in Ivory Coast, reversed its decision and named the sitting President Laurent Gbagbo the winner. The Constitutional Council claims there was substantial voter fraud in the northern half of the country and because of this finding, votes cast in these areas were thrown out. Coincidentally, the northern half of the country is where Mr. Ouattara is popular and drew most of his support.

According to election observers from the United Nations, and the European Union, the election process was fair and there was minimal corruption reported. Moreover, dignitaries from around the world have endorsed Mr. Ouattara including President Barack Obama and United Nations Secretary General Ban Ki-Moon. The initial election results showed Mr. Ouattara with 54.1% of the vote and Mr. Gbagbo with 45.9% of the vote.

The reversal of the election results has led to violence. After word spread that the election results were being reversed, supporters of Mr. Ouattara took to the streets and protested. The protests have turned violent in the capital city, Abidjan where at least four people have been killed in election-related attacks. It has been reported that the head of the Constitutional Council is a close friend of the sitting President and many Ivorians believe the election results has been rigged. In response to election-related violence, the country’s military has sealed off the borders, and is not allowing in any foreign media or news coverage. Government forces loyal to Mr. Gbagbo are patrolling the streets and have instituted a curfew.

In yet another strange twist, on Saturday, December 4, both candidates were sworn into office. First, Mr. Gbagbo officially was sworn into office and then several hours later Mr. Ouattara swore himself into office. With the election results uncertain and the threat of violence likely, Thabo Mbeki, the former president of South Africa has stepped in to help mediate the crisis.

For more information, please see:
Al Jazeera –  Cote D’Ivoire on the brink – 3 December 2010

BBC –- Thabo Mbeki to mediate in Ivory Coast president crisis –- 4 December 2010

CNN International — Both candidates claim presidency in Ivory Coast –- 4 December 2010

New York Times — Standoff Set Up With 2 Ivory Coast Presidents –- 4 December 2010

RFI — Gbagbo sworn-in, Ouattara swears himself in –- 4 December 2010