YouSaid · the spoken record

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14
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2017-06-07
most recent
2017-06-07
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1
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un-security-council

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  1. “Procedural safeguards and the rights of the accused, and respect thereof, are among the basic principles of modern democracies. To summarize in that regard, we believe that the rule of law cannot be enforced by violating. That is just not the way to enforce the rule oflaw. In conclusion, Serbia's commitment to cooperate with the ICTY and deal efficiently with war crimes before its own courts is indisputable. The same goes for the Residual Mechanism. We want to believe that other Governments in the region are equally willing to work together on reconciliation, cooperation and stability in the region while all along supporting the ICTY and the Residual Mechanism in accomplishing their missions. We also hope that ICTY and Mechanism officials will recognize the efforts of our Government to promote those values. The meeting rose at 12.40p.m.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  2. “And, thirdly, those individuals are not accused ofwar crimes. Those individuals are accused of contempt of court. The Serbian court applied the clear language of domestic law and the statute enacted by the Security Council in deciding not to surrender those three individuals. Again, they are accused of contempt of court, not war crimes. I would respectfully request that members please read the statute, in particular article 29, which was mentioned here today. That may help members understand why the Serbian court has refused to surrender them. Thirdly, could we finish Djukic' case while ignoring the procedural rights of the accused? If there are any concerns about the length of trials, I would draw members' attention to the varying lengths of various trials, even at the Tribunal itself.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  3. “After all, the rule of law and separation of powers are key principles of all traditional and modern democracies. Bearing that in mind, let me raise three questions. First, could we elect the prosecutor or her deputies without conducting a procedure in accordance with relevant laws and contrary to the autonomy of the public prosecution office and the liberty of the members of Parliament to vote for or against proposed candidates? Of course, the answer is no. Secondly, could we surrender the Petar Jojie, Vjerica Radeta and Jovo Ostojie contrary to an independent court decision based on the law of Serbia and the statute of the ICTY? In that regard, let me make three points. First, those individuals are not accused of war crimes. Secondly, those individuals are not accused of war crimes.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  4. “However, reciprocity is needed if we are to achieve more results in regional cooperation. According to statistics from the war crimes prosecutor's office, as of December 2016 Serbia had positively resolved 38 of 52 requests coming from Bosnia and Herzegovina, and nine requests were denied while five are still pending; 50 out of 78 cases coming from Croatia have been honoured, with 11 requests denied and 17 are pending. In parallel, only 10 out of 22 Serbian requests have been positively resolved by Bosnia and Herzegovina. The result is even more worrying with regard to requests for assistance submitted to Croatia: only 10 out of 27 requests have been positively resolved. Serbia should not be judged negatively because of its respect for its own Constitution, laws and court decisions, which all accord with the basic legal principles.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  5. “Amendments to the criminal code were adopted few months ago in order to align it with the International Convention for the Protection of All Persons from Enforced Disappearance. Numerous activities have been undertaken in order to improve the status of victims and witnesses, in line with international standards. Ten indictments for war crimes against 21 individuals have been confirmed in Serbia in 2016 and 2017. We understand the Prosecutor's concern about reconciliation and cooperation in the region, but I must emphasize that regional cooperation remains a priority for Serbia. Our singular commitment is reflected in statistical data on regional cooperation, and the quality of our efforts can be the subject of assessment when we are talking about Serbia's commitment to regional cooperation.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  6. “However, they did not affect the performance of the prosecutor; nor has it in any way halted progress in Serbia on prosecuting war crimes, or our commitment thereto. On the contrary, Serbia actively works on strengthening the capacities of the prosecutor. In addition to the appointment of the new prosecutor, the election procedure for three more deputy prosecutors is ongoing. Now that we have a new prosecutor in place, a new prosecutorial strategy will be finalized in a few months. Trial monitoring of war crimes proceedings by civil society will start again in September, along with special ongoing training for judges, public prosecutors and police officers in charge of the investigation and prosecution of war crimes.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  7. “The freedom of speech is highly ranked on the list of Serbian priorities. Every citizen is free to express her opinion without consequences, as long as those statements do not constitute a criminal offence. However, single statements by some individuals or civil-society organizations should not be interpreted as an official position of the State of Serbia. Serbian commitment should not be judged on anything other than results achieved so far in cooperation with the ICTY, prosecutions of war crimes before domestic courts and regional cooperation. Generalizations based on impressions, speculation, conjecture or innuendo cannot contribute to a fair assessment of the situation, as mandated by the statute. We are aware that the prolonged procedure for the election of the new war crimes prosecutor raised some concerns.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  8. “In parallel with the contribution to the ICTY'S work, Serbia has shown an indisputable commitment to continuously fight impunity for core international crimes through proceedings before national courts. Serbian authorities have a strategic approach, as evidenced by the obligations that Serbia undertook via its action plan under chapter 23 and its national strategy for the prosecution of war crimes, adopted by the Government in 2016. Both documents have as a backbone the idea of zero tolerance for impunity regardless of the ethnicity, religion or rank of victims or perpetrators. Both documents have been welcomed by the most senior Serbian officials, as evinced in numerous public statements. Those facts stand squarely against the assertions made by the Prosecutor in his report.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  9. “Only one request from the Office of the Mechanism's Prosecutor, of a newer date, is currently undergoing the realization procedure. Serbia has allowed 757 witnesses to testify freely, despite the right/obligation they had to withhold testimony due to the State, military or official rules regarding privileged information. One thousand three hundred and twenty-nine requests were issued by various defence teams, and no pending requests for assistance exist. Serbia has carried out all 11 requests for witness protection, efficiently monitored all provisional-release cases and ensured that all accused were returned to ICTY detention upon request. Currently, Serbian authorities are monitoring two cases of provisional release, in connection with which those persons are in the process of being surrendered to the ICTY as well.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  10. “Of that number, 14 defendants were arrested in the Republic of Serbia, four defendants were arrested abroad, in the framework of cooperation between national security services with foreign agencies, and 27 defendants voluntarily surrendered. No other country has surrendered even close to a number of high-ranking officials as Serbia has. That is - or should be - clear proof of Serbia's commitment to prosecuting war crimes. In addition, Serbia has granted the ICTY Prosecutor free access to important evidence located in Serbia, such as documents, archives and witnesses. So far, Serbia has positively resolved 2,179 out of 2,180 requests for assistance received from the Offices of the ICTY Prosecutor and the Mechanism Prosecutor.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  11. “Our criminal legislation is fully aligned with relevant standards and enables cooperation with the ICTY, without exception, regarding all acts that the Security Council recognized in the ICTY statute as serious international war crimes. Based on this legislation, Serbia has proven its commitment, as clearly reflected in the number and rank of defendants - I emphasize the word "rank" - who have been surrendered to the ICTY. The Republic of Serbia has handed over 45 defendants to the Tribunal out of the total of 46 defendants whose surrender has been demanded from Serbia. One defendant committed suicide before he could be handed over to the Tribunal.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  12. “If we compare the two, we may be able to see what I am referring to in greater detail. The key principle of the fight against impunity for the most serious international crimes is the proven, continuous commitment of the Member States. To prove their commitment, States need to align their normative framework with relevant international conventions and the ICTY statute, cooperate with the ICTY in order to enable efficient investigation and prosecution; and organize their domestic judicial systems in a way that enables independent, impartial and efficient war crimes proceedings. If we are assessing today the extent to which Serbia has fulfilled these requirements, it is clear that Serbia has unambiguously shown its commitment.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  13. “In that regard, while we definitely consider those issues to be worth discussing and addressing, the concern remains as to the scope of the mandate provided in the statute and the relevant resolution concerning the Residual Mechanism. We note two elements of that concern. The first pertains to the members of the Security Council and is for them to deal with. What is the actual mandate that they have given to the Prosecutor? However, the other side of the issue, with which we are concerned as one of the ultimate beneficiaries of the mandate of the Prosecutor's Office, is the issue of the competence of legal professionals to deal with issues such as education, history and so on. To illustrate the point concerning the scope of the mandate, I would respectfully draw the Council's attention to the reports of the President and the Prosecutor.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  14. “I thank you, Sir, for the opportunity to speak to the Council today as representative of the Republic of Serbia. I take this opportunity to welcome the Presidents and Prosecutor of the International Tribunal for the former Yugoslavia (ICTY) and the International Residual Mechanism for Criminal Tribunals. I thank them for their semi-annual reports. Before I specifically address the reports, allow me to make a general statement in that regard. The issue that we are concerned with is the scope of the mandate of the Prosecutor with respect to the issues addressed in the reports. The issues that are raised therein relate to the fields of education, history, politics, culture and social development.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source