YouSaid · the spoken record

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lines on the record
21
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2016-12-08
most recent
2019-12-11
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2
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un-security-council

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  1. “Its decision-making should be transparent. My country expects answers soon, all the more so since Serbians' cooperation with the IRMCT has once again been second to none and widely commended.”

    2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source

  2. “Let me emphasize the fact that Serbia is ready to accept international supervision of the enforcement of the sentences of these persons that is precisely defined and provides positive guarantees that these persons will not be released early except through appropriate decisions of the Mechanism or any other United Nations agency to be mandated with dealing with these issues in the future. Once again, we call on the representatives of the IRMCT, and those of relevant institutions to be mandated by the Secretary-General, to visit Serbia, tour its prison facilities and see for themselves the situation in the prisons that would be used for this purpose. At the time when the completion of the work of the Mechanism is in sight, it is of paramount importance for the Security Council to remain actively seized of all outstanding issues.”

    2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source

  3. “I take this opportunity to draw the Council's attention to the difficult situation of Milan Martic' and Dragomir Milosevic, two Serbian nationals sentenced by the ICTY and serving their sentences in Estonia. The respective former and current ICTY Presidents, Judge Meron and Judge Agius, have been advised of their situation by the Ministry of Justice and the Ministry of Foreign Affairs of the Republic of Serbia, the International Committee of the Red Cross and the sentenced persons themselves on a number ofoccasions.”

    2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source

  4. “The indications that the early release provisions will be amended touch on Serbia's initiative, launched 10 years ago, calling for serving, in Serbia, the sentences pronounced to its nationals by the ICTY. The initiative is motivated by the resolve of my country to take up the responsibility for the enforcement of the sentences. The purpose of punishment includes, inter alia, the resocialization of the punished persons. It is hard to expect that this purpose will ever be achieved if these persons serve their sentences in faraway countries whose language they do not understand and in which visits by friends and relatives are all but precluded.”

    2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source

  5. “Under article 25, item 2, of its Statute, it has the power to supervise the enforcement of sentences, including the implementation of sentence enforcement agreements entered into by the United Nations with Member States, as well as other agreements with international and regional organizations and other appropriate organizations and bodies. It is not clear who allowed the attempt to conduct the interrogation just as a clarification is due as to whether the Mechanism gave a nod of approval to the representative of so-called Kosovo, a territory, a United Nations protectorate under resolution 1244 (1999) and neither a State nor a Member of the United Nations. How did it come about?”

    2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source

  6. “Serbia has faced the silence of the administration on a number of occasions, including regarding two letters that the Minister of Justice of Serbia sent to the Mechanism in the case of General Pavkovic'. No reply to either of them has been received. The Minister had written with regard to the event of 2 July, when the war crimes Prosecutor of so-called Kosovo, Ms. Drita Hajdari, made an attempt to interrogate General Pavkovie in the Kylmakoski prison in Finland under cover of "international" legal assistance following a letter rogatory in connection with an order to conduct an investigation. Only the Mechanism has jurisdiction over this case.”

    2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source

  7. “The consideration and the concern indicate that, in all likelihood, unjustifiable changes will be made in the work of the IRMCT on this issue. That worries me, for it is hard to believe that the consideration of this question comes at a time when the conditions have been met this year for several Serbian nationals to be released early, after having served two- thirds of their respective sentences, is only accidental. Most of them have filed early release applications to the IRMCT President. None of them have yet received a reply and no explanation has been provided. Let me point out that the sentenced persons are of an advanced age and in poor health so that, for reasons of humanity, a fair solution for these cases should be acted upon.”

    2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source

  8. “In the reports of the Mechanism, however, including in the most recent one, for the period of 16 May to 15 November (see S/2019/888, annex II), requests are bandied about to amend rule 151 of the Rules of Procedure and Evidence relative to pardon, commutation of sentences and early release. Resolution 2422 (2018), in paragraph 10, "encourages the Mechanism to consider an appropriate solution, including by considering putting in place conditions on early release in appropriate cases". The IRMCT President, Judge Carmel Agius, it is reported, has already taken the encouragement into consideration, while the IRMCT Prosecutor, Mr. Serge Brammertz, is "seriously concerned" over the fact that the vast majority of the sentenced persons have been unconditionally released after serving only two-thirds of their sentences.”

    2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source

  9. “Due to time constraints, I will address two important points for Serbia. First, I ask Security Council members to take a look at our written statement, in which they will find data and details supporting the fact that Serbia's efforts and cooperation in the prosecution of war crimes are second to none. Secondly, let me draw the attention of the Council to the issue of serving sentences. In its statement to the Council, my country argued that the decades- long practice regarding the conditions of serving the sentences pronounced by the International Tribunal for the Former Yugoslavia (ICTY) and the International Residual Mechanism for Criminal Tribunals (IRMCT) should be somewhat changed.”

    2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source

  10. “That is the only way we can achieve justice for the victims, regardless of their national, ethnic or religious origin. We will continue to strive for reconciliation, cooperation and stability in the region. The citizens of all the former Yugoslav republics deserve it. The meeting rose at 12.40 pm.”

    2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source

  11. “As a result, the judge has ordered his health to be assessed by an expert witness to decide whether he is well enough to be present at the confirmation hearing. Serbia has not refused or failed to confirm the judgement. I do not believe that the period ofa year that has elapsed so far, compared with the length of time that the Tribunal has taken in some cases, is excessive. There is therefore no reason to point to this case with any criticism. Needless to say, Serbia is committed to respecting all of its international and bilateral agreements in that regard. In conclusion, I would like to point out that Serbia's cooperation with the ICTY has been second to none. Serbia remains committed to contributing actively to the Tribunal's efforts to accomplish its mission, as well as to effectively prosecuting war crimes before its domestic courts.”

    2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source

  12. “That interpretation does not succeed, and probably would not succeed under the domestic laws of the countries of most of the members of the Council. It is very possible that the Council's intention of providing for the Tribunal's prosecution and personal jurisdiction only of serious crimes has to do with the resources that the Council was able to dedicate to it at the time. The second point that I would like to make has to do with the confirmation of the judgement in the case of Mr. Dukic'. That judgement was rendered by the authorities in Bosnia and Herzegovina, and since Mr. Dukie is now in Serbia and Belgrade, the judgement has to be confirmed. The confirmation process has so far taken a year. Six hearings were held at which Mr. Dukie did not appear, owing to health problems, for which he presented doctor's notes as evidence.”

    2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source

  13. “The French authorities applied an identical provision of French law to an identical situation in refusing extradition in the case of Florence Hartmann. That decision was not reported to the Security Council as improper in any way. To sum up, the statute simply does not provide for the surrender of indictees accused of being in contempt of court. That is not written in the statute. Presumably, if the Council had intended that indictment for crimes other than serious crimes could serve as a basis for extradition, it would have written that into the statute. Article 29, as mentioned, does not provide for that, and I invite the Council to take a look at it. Nor does any other provision in the statute.”

    2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source

  14. “Naturally, the Serbian law on cooperation with the ICTY closely follows the provisions of the ICTY Statute. By its adoption and full implementation of its law on cooperation with the ICTY, Serbia has proved its commitment to prosecuting all the crimes that the Security Council has listed in the ICTY statute. Under Serbia's Constitution, our courts operate autonomously and independently, and pass judgement in accordance with the Constitution, the country's laws and the generally accepted rules of international law and other ratified international treaties. Serbia has never failed to execute an ICTY arrest warrant based on the ICTY statute and the generally accepted rules of international law. The Belgrade High Court decision does not preclude similar future cooperation. However, there is no legal basis for the extradition in this case.”

    2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source

  15. “According to arrest warrants issued by the ICTY Trial Chamber in a case of contempt of court, Serbia is once again facing accusations of the non-extradition of three individuals, Petar Jojie, Vjerica Radeta and Jovo Ostojie. In that regard, I would like to remind the Council of the decision of the Belgrade High Court issued on 18 May, which stated that in this case the legal conditions for executing the Tribunal's warrants were not met, because our law on cooperating with the ICTY stipulates that legal grounds for executing ICTY arrest warrants are provided only by indictments for core statutory crimes - such as grave breaches of the Geneva Conventions of 1949; violations of the laws or customs of war; genocide, and so forth - as opposed to indictments for contempt of court.”

    2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source

  16. “None of those authorities should be exposed to any pressure or inappropriate internal or external influences when deciding on candidates for the position of war crimes prosecutor. However, the war crimes prosecutor's office has been performing its duties diligently, as the number of confirmed indictments testifies. That is also in line with Serbia's commitment to strengthening its institutions, regardless of who the leaders of those institutions are. Despite the clear legal arguments to the contrary, there is still criticism concerning the case of the Prosecutor v. Jojic' et al. case in the new report of the Tribunal (S/2016/670).”

    2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source

  17. “However, it is important to note that not all of those goals can be attained by Serbia acting unilaterally; for that, regional cooperation is necessary. Serbia is committed to improving that cooperation, and of course a similar commitment on the part of other countries in the region is needed, too. We are aware that the fact that a new war crimes prosecutor has not been elected has caused some delays in implementing the strategy in Serbia, but I am pleased to inform the Council that the new election process has almost been completed. It must be carried out in accordance with our Constitution and the relevant laws, and with full respect for the autonomy of the public prosecutor's office and the independence and democratic proceedings of the National Assembly.”

    2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source

  18. “In addition to cooperating with the ICTY, Serbia remains committed to improving the efficiency of domestic war crime proceedings, as evidenced by the obligations that Serbia has undertaken in accordance with its action plan under chapter 23 of its national strategy for the prosecution of war crimes, adopted by the Serbian Government earlier this year, as well as by the fact that eight indictments for war crimes against 15 individuals have been confirmed in Serbia in 2016. Accountability for core international crimes, regardless of the national, ethnic or religious status of the perpetrators and victims, as well as reconciliation and cooperation in the region, continue to be priorities for Serbia.”

    2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source

  19. “So far, Serbia has positively resolved 2,151 out of 2,172 requests for assistance received from the Office of the ICTY Prosecutor, and 7 requests for assistance from the Office ofthe Mechanims Prosecutor. Serbia has allowed 757 witnesses to testify freely despite their right and/or obligation to withhold testimony due to State, military or official secrets. Various defence teams issued 1,332 requests, and no pending requests for assistance or disputes in that regard have been recorded. Serbia carried out all 11 requests for witness protection. It is also important to note that Government agencies successfully monitored all the provisional release cases and ensured that all the accused were returned to detention at the ICTY's request. The Serbian authorities are currently monitoring two provisional release cases.”

    2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source

  20. “Parallel to that cooperation, the authorities of my country continue to fight impunity for core international crimes through proceedings before national courts. The Republic of Serbia has handed over 45 defendants to the Tribunal out of the total of 46 whose surrender had been demanded from Serbia. One defendant committed suicide before he could be handed over to the Tribunal. Of that number, 14 defendants were arrested in the Republic of Serbia; 4 defendants were arrested abroad within the framework of cooperation between national security services with foreign agencies; and 27 defendants voluntarily surrendered. Serbia also gave ICTY Prosecutors free access to important evidence located in Serbia, such as documents, archives and witnesses.”

    2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source

  21. “I thank you, Sir, for the opportunity to speak to the Council for the first time as representative of the Republic of Serbia. Let me welcome the Presidents and the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Residual Mechanism for Criminal Tribunals. I thank them for their semi-annual reports. The fight against impunity for serious international crimes is a milestone for the principle of the rule oflaw at the international level. The unambiguous willingness of States to cooperate with ICTY regarding all acts that the Security Council recognizes in Tribunal's statute as serious international crimes should be Viewed as a contribution to that fight. Serbia's contribution in that regard is best evidenced by the statistics on its cooperation with the ICTY.”

    2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source