Yuri Kovalenko

"Izvestia" No 215, November 9, 1994, p. 3

International Tribunal on former Yugoslavia, established by UN decision, has begun its work with consideration of the question of extradition of Dushan Tadich, supervisor of concentration camps Omarsk and Trnopol, from Munich prison to Hague. Life imprisonment threats now the supervisor, who is accused of murders, tortures, and rape.

Eleven judges of the Tribunal must address the appropriate requests on extradition of Dushan Tadich and other criminals, who are imprisoned in different European countries. Such are just four men revealed now. Others are living easily mainly on the territory of Serbia, and hardly will Belgrade extradite them to the Tribunal soon.

Nevertheless, Procurator General Richard Goldstone supposes, the situation must change. First, some of them, who are accused now, may get captured by Bosnians, who are performing now a successful offensive against Serbian positions. One can't leave out a possibility, Hague hopes, that Serbian authorities will at long last make such a gesture towards UN judicial instance, aspiring to obtain relieving of international sanctions.

Tribunal makes ground of report of UN Expert Commission and of numerous evidences of witnesses, gathered in particular by Bosnian Government Commission on war crimes and such non-government organizations, as "Lawyers Without Borders" and "Doctors Of The World". Totally, they make 65 thousand pages.

Fifteen examining magistrates continue collecting additional documents and inquiring witnesses in different countries. Theoretically, Tribunal mandate allows it to bring the highest Serbian ranks to the trial -- up to Slobodan Miloshevich or Radovan Karadzhich.

All trials will be opened. In case of refusal of any country to extradite a criminal, it is assumed to declare an official indictment, but conduct no trial in their absence and, therefore, no verdict sentenced. Nevertheless, the Tribunal will issue an international arrest warrant and engage Interpole, while the case will be submitted to UN Security Council, that may undertake different sanctions against violators.

International Tribunal has its own (first in UN) prison within the Hague prison wall. It will be used for preliminary imprisonment. After a criminal was sentenced to some years of imprisonment, he will be able to choose any penitential institution in any country that agrees to take sentenced.

Tribunal is completely dependent on UN Security Council, that may put end it to it one day. It may be done, for example, if a Treaty on peace will be signed between Yugoslavian countries, that should contain an article on amnesty. If UN would be forced to choose between peace without justice and justice without peace, it will obviously sacrifice Hague Tribunal.

That is why judges in Hague intend to act exceptionally quickly, in view of the started trial should be irreversible, and crimes committed in former Yugoslavia should not be unpunished.

PARIS

Translated into English by A.Prishchenko on November 14, 1994