representatives of Humanitarian Law Center and Helsinki Committee for Human Rights in Serbia

23 January 2001

The Humanitarian Law Center (HLC) and Helsinki Committee for Human Rights in Serbia have briefed Carla del Ponte, Prosecutor of the International Criminal Tribunal for the Former Yugoslavia (ICTY), on the situation in the Yugoslav media and public opinion, and the activities of non-governmental organizations in cultivating a new attitude in this country toward the ICTY. In the opinion of the HLC and Helsinki Committee, the official media, in particular Serbian Radio-Television and Politika, have not yet altered their stance on war crimes trials. Even after the changes in Serbia, these media continue supporting the view that the ICTY is a political institution established to try Serbs alone, inaccurately informing the public with regard to Yugoslavia's obligation to cooperate with the ICTY, and disregarding the fact that the Yugoslav government is obliged to turn over persons who have been indicted and for whom warrants have been issued.

The HLC and the Helsinki Committee informed the Prosecutor that the FR Yugoslavia Constitution does not prohibit the extradition of either Yugoslav citizens or foreign nationals to an international court, placing restrictions only on extradition to a foreign state. By maintaining that such constitutional obstacles exist, some Yugoslav politicians and legal experts are trying to protect persons accused of war crimes from international accountability, the HLC and Helsinki Committee said.

The HLC and Helsinki Committee pointed out that, owing to the slow pace of reforms, especially in the police, military and judiciary, the public believes that there have been no changes. The public expected the new government to arrest ex-president Milosevic and institute proceedings against generals, ranking police and civilian officials who have committed crimes. Instead, some of the new politicians continue protecting prominent officials of the former government.

With regard to its activities together with the ICTY Outreach Program in familiarizing the public in this country with the work of the ICTY, the HLC informed Prosecutor Carla del Ponte on the positive and negative reactions of judiciary bodies to the symposium scheduled for 16-17 March in Belgrade. The Presidents of the Supreme Military Court and the District Court in Uzice without explanation turned down an invitation to participate in the symposium. On the other hand, the Military Court in Nis and the District Courts in Leskovac, Sabac, Kragujevac, Cacak and Pozarevac, and the Municipal Court in Krusevac have accepted and are awaiting with interest the symposium on the ICTY.

Prosecutor Carla del Ponte said the primary goal of her visit to Belgrade was to establish concrete cooperation with the FR Yugoslavia government on the existing indictments and arrest warrants. She said she would hand to government representatives warrants containing the addresses of the suspects and insist on their early arrest. The Prosecutor agreed with the representatives of the HLC and Helsinki Committee that reconciliation is not possible without trials. She said she had nothing against truth and reconciliation commissions but considered that they are more effective after persons accused of war crimes have been brought to trial.