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Brammertz
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“I was encouraged to hear that they continue to support the efforts of the Office of the Prosecutor. For the victims, the crimes remain in the present and are not historical events of the past. As we proceed with the evidence of what happened, we are reminded of the fact that Mladie is still to be arrested. As an indicted accused, Mladie's place is before the Trial Chamber, with Karadzic'. The arrests of Ratko Mladie and the other remaining fugitive, Goran Hadzic', remain one of my Office's foremost priorities. Prosecution lawyers are currently reviewing the Mladie indictment and I expect to file a proposed amended indictment shortly. There are currently five cases on appeal. During the next biennium, appeals cases are expected to double.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“The prosecution is prepared and remains ready to proceed with its first witness. As with other cases, my Office has balanced various competing requirements associated with such large cases. It will present a case that is representative of the crimes committed, yet streamlined and manageable. The Karadiie indictment charges crimes arising from the ethnic cleansing of Bosnia and Herzegovina, the shelling of Sarajevo, the hostage-taking of United Nations peacekeepers and the attack on the United Nations safe area of Srebrenica. Because of Karadzic's senior position and the magnitude and gravity of the crimes charged, his trial is important not only to the victims of the crimes, but also to the international community as a whole. At the start of the trial against Karadzic', I met with representatives of victims associations.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“Mr. Brammertz: This morning, I will address the Council on the key elements related to the completion of our mandate, which has moved into a significant new phase. More specifically, I will speak briefly on the status of our trials and appeals; the cooperation between the Office of the Prosecutor and States; our capacity-building efforts throughout the region; and, lastly, our plans to downsize my Office in the coming years. At present, the Office of the Prosecutor is working on eight trials involving 17 accused. The last trial to start at the International Tribunal for the Former Yugoslavia, except the trials of the fugitives, is scheduled to commence on 17 December this year. On 27 October 2009, the trial in the case against Radovan Karadzic' started, with the prosecution presenting its opening statement.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“In the present situation, a considerable number of staff members have left my Office and more could leave the institution because of other opportunities elsewhere. It is therefore crucial that their needs be taken into consideration and that ways be found to retain our staff members until the end of the trials. Together with the President and Registrar, we will continue to address those issues with relevant United Nations bodies and Secretariat offices. Finally, I would like to thank the Council once again for the continuing support provided to my Office.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“I would now like to briefly address the organizational plans of my Office for the future. A serious downsizing programme has been planned to begin in 2010. In our budget proposal, which was submitted to the Secretariat this week, we envisage, over the next two years, a reduction of 60 per cent of our posts and a 42-per-cent reduction in non-post items in the Office of the Prosecutor. There will also be a gradual redeployment of posts from the Trial Division to the Appeals Division to meet their growing workload. While we are fully committed to the downsizing process, I would like to once again stress the need to retain our experienced and specialized staff members in order to complete our work.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“My Office has participated in several conferences with prosecutors from the region to strengthen cooperation in judicial matters between States of the former Yugoslavia. One important recent achievement in that process are databases and inventories of war crimes cases in the region. Another important development, which I announced during my last briefing, is the establishment, with the support of the European Commission, of a concrete cooperation project that allows prosecutors from the region to be integrated into our Office in The Hague. The first liaison prosecutors are expected to start working in my Office this month. That initiative, like others, reflects the excellent interaction my Office has had with the State and War Crimes Prosecutors' Offices in Bosnia and Herzegovina, Croatia and Serbia.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“We are providing such information to prosecution offices, both within and outside of the former Yugoslavia. In the past six months, our transition team has handled over 90 requests for assistance. Interestingly, half of those requests originated from countries outside of the former Yugoslavia. Although cooperation between prosecution services is improving, national judiciaries continue to face significant legal obstacles and challenges with regard to the prosecution of war crimes cases. Prohibitions on extraditing one State's nationals to another State and the legal barriers to transferring war crimes cases between States threaten their successful investigation and prosecution. All authorities concerned should address those issues by establishing the necessary legal frameworks. That appears to be the only way to avoid an impunity gap.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“Another priority of my Office is the support to national jurisdictions prosecuting war crimes. Assisting our colleagues in the former Yugoslavia in successfully conducting war crimes prosecutions remains a key component of the completion strategy. It is the best way to ensure the successful continuation of our work. In the next months, we will complete the process of transferring investigative material to national prosecution services. We are now ready to transfer three cases involving 10 suspects to the Office of the State Prosecutor in Bosnia and Herzegovina. The last four cases, involving 11 suspects, will be transferred to Bosnia and Herzegovina before the end of the year. Responding to requests for assistance and making available documents and archives are other important aspects of that cooperation.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“With regard to Bosnia and Herzegovina's cooperation, there are no specific outstanding issues in relation to our trials. However, the judicial system of Bosnia and Herzegovina continues to face serious challenges, which could have an impact on its cooperation with the Tribunal. I support all efforts undertaken to strengthen its judicial capacity to cope with the numerous unresolved war crimes cases. In that regard, a national strategy for war crimes processing was adopted last December and is a promising development. Together with representatives of the international community in Bosnia and Herzegovina, I am in favour of maintaining an international presence in judicial institutions, such as the Special Department for War Crimes of the State Court of Bosnia and Herzegovina.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“Unfortunately, progress in the lengthy investigation has been limited and, to date, most of the military documents have not been submitted to the Tribunal. We have raised with Croatia our concerns about the focus, manner and methodology of the investigation conducted. That matter remains pending before the Chamber. The trial has now entered the defence phase and is nearing its completion. It is therefore crucial that Croatia continue to focus its efforts on locating and providing those key documents. I will remain in close contact with the authorities in the hope of achieving further progress in the near future, but I would also like to take this opportunity to thank the Prime Minister for his personal interest and determination to resolve this issue.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“With regard to Croatia, the remaining and only outstanding issue is the prosecution's request that Croatia provide a number of key military documents related to Operation Storm in 1995. The lack of success of efforts by my Office over a considerable period of time to obtain those documents has required the prosecution to bring the matter before the Trial Chamber. Croatia was ordered by the Tribunal to conduct an investigation into the missing documents. In response, Croatia submitted several reports, providing, in its most recent submission, additional information on the administrative investigation and supplementary information on the chain of custody of the missing documents. A number of meetings, focusing on those outstanding matters, were held with the authorities.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“Developments at the political level in the past year and the new leadership at the operational level have led to an improvement in the professionalism and the efficiency of the activities to locate and arrest the remaining fugitives. I hope that the political authorities in Serbia will provide all necessary support to the professional work done at the operational level. Cooperation must continue and hopefully will lead to further concrete and positive results. In my report, I have also expressed my concern with regard to recent negative statements by senior Government officials about the Tribunal's judicial decisions. They seem to be in contradiction with the level of cooperation on the ground.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“I recently travelled again to those countries, where I met with authorities at the political, judicial and operational levels to raise all those matters. Since my last briefing to the Council, Serbia has made additional progress in its cooperation with my Office. The large majority of requests for assistance have been complied with, including those for access to documents and archives. As senior leadership trials are ongoing and others will start soon, we hope that that trend will continue. The search for and arrest of Ratko Mladic' and Goran Hadzic' remain the central issue in relation to Serbia's cooperation. My Office remains in close contact with the services in charge of tracking fugitives and closely follows their activities. During my recent visits to Belgrade, I had full briefings on their work.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“In order to ensure the immediate commencement of new trials, we have moved quickly by reassigning staff finishing the Popovic' et al. and Lukic' and Lukic' trials. Prosecution work on appeals cases remains constant and is expected to increase significantly in future months. By the end of 2009, the Appeals Division will have a continuing inventory of 24 appeals case. The cooperation of States with my Office remains critical to the successful completion of our trial and appeals work. We continue to request the assistance of Bosnia and Herzegovina, Croatia and Serbia in a number of areas, such as the provision of documents, access to archives, ensuring that witnesses can testify before the Tribunal, and assisting in locating and arresting fugitives.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“Despite the prosecution's efforts to move forward through the trial schedule, some additional delays have occurred. Most notably, in February 2009, the Seselj case had to be adjourned as a result of difficulties in securing the remaining witnesses' evidence. Significant progress has been made in the last four cases currently at the pretrial stage. The Karadeie prosecution team has been working consistently to ensure the case is ready to start trial shortly. After a lengthy adjournment due to Jovica Stanisie's health problems, the Stanisie and Simatovic' case is due to recommence soon. The prosecution is ready to begin the Stanisie and Zupljanin trial, which is expected to begin in September, and the Tolimir case should begin trial in September as well.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“Since I submitted my written report to the Security Council in the middle of May, the Prosecution has completed its final arguments in a trial of two accused - the Lukie and Lukie case - and judgement is expected in the coming months. There are at present six cases - and 19 accused - in trial. One of these cases, a complex prosecution of seven accused persons charged with crimes committed in Srebrenica, is now in its final stages. The Prosecution's final brief in the Popovie et al. case is due at the end of July and final arguments are scheduled for the end of August. The other cases in trial - the Bordevie and Perisic' trials - are well advanced into the prosecution phase, while the Prlie et al. and Gotovina et al. cases are now in their defence phase.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“Mr. Brammertz: I thank the Council for giving me the opportunity to present the 11th report on the completion strategy of the Office of the Prosecutor. I will provide the Council with a brief update on our judicial work, the cooperation of States, efforts undertaken to support the work of prosecution services in the former Yugoslavia and, importantly, the organizational plans for my Office during the final phase of the Tribunal's existence. It is expected that 2009 will be the last year of full trial activity before the downsizing of the Tribunal begins in 2010. During the last six months, the Prosecution has made significant progress in achieving the completion strategy goals.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“Your support will remain crucial in this final phase of the International Tribunal's existence in order to obtain the arrest of the two remaining fugitives, Ratko Mladic' and Goran Hadzic, but also in order to successfully complete our work. Thank you all very much for your attention.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“We ask that the downsizing process in relation to staffing for trials should not take place before the end of 2009 and into 2010. To complete this work, we will also need to rely on our dedicated and committed staff members. I therefore once more ask the Security Council and other organs of the United Nations to support measures that will allow identified staff members to stay at the Tribunal until the cases that they are working on are completed. We will continue to participate in consultation with the President and Registrar in discussions with the Security Council on the establishment of an international residual mechanism. I would like to express my gratitude for all the support provided by the Security Council to the International Tribunal. Without its assistance, the achievements of the Tribunal would not have been possible.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“Despite efforts aimed at speeding up trials and appeals proceedings, there will be delays in the timelines for current and future trials and appeals. These are principally caused by the recent arrests of Radovan Karadzic' and Stojan Zupljanin and a number of factors in ongoing cases such as the sickness of the accused, the change of defence counsel and cases proceeding slowly because the accused have elected to represent themselves. We therefore predict that we will require our current staff levels through 2009. Without the retention of that level of resources, it will be extremely difficult to complete the Tribunal's remaining trials and appeals. A revised budget has therefore been submitted reflecting the projected trial and appeals workload for 2009.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“In this context, my Office supports international and national efforts to strengthen the Special Department for War Crimes in the Office of the Prosecutor of Bosnia and Herzegovina. Trials, including trials transferred by the Tribunal could otherwise be jeopardized. We strongly support the improvement of cooperation in judicial matters between States in the region. Owing to obstacles preventing the extradition of nationals and to legal barriers precluding the transfer of war crimes proceedings among these States, there is a danger that many lower- and mid-level perpetrators of war crimes committed in the early 19905 in the former Yugoslavia will evade justice. To address this impunity gap, these issues should urgently be addressed by all authorities concerned.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“In 2009, we intend to transfer the last batch of investigative material with some 20 identified suspects to prosecutors in Bosnia and Herzegovina. During the reporting period, my Office remained actively involved in responding to requests for assistance submitted by national judicial authorities from the States of the former Yugoslavia. In this reporting period, we have responded to a total of 57 requests for assistance. My Office continues to support efforts to strengthen the capacity of the judiciaries of the States of the former Yugoslavia to deal with war crimes cases at the national level. International support to national courts in States of the former Yugoslavia will remain crucial in the coming months and years.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“The transfer of investigative case files and material to competent national jurisdictions and efforts to strengthen the capacity of national jurisdictions remain key components of our completion strategy. We are well advanced in the process of transferring cases and investigation files to the States of the former Yugoslavia. All but one of the ten cases involving 13 accused transferred pursuant to rule 11 bis to the States of the former Yugoslavia have been completed at the trial level. At present, rule 11 bis transfer procedures have been fully used and no further cases appear suitable for transfer. With regard to the investigative material or category 11 cases, the Office of the Prosecutor has transferred material involving a total of 15 suspects covering seven municipalities.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“However, the work of the current authorities is complicated by the need to overcome shortcomings of the previous management of the civilian intelligence services, in particular, their failure to analyse and act upon information obtained in relation to the search for the two fugitives. During my visit to Belgrade last November, the authorities presented their action plan to search for and arrest the two remaining fugitives. Should these plans be successfully implemented, the analytical capacity reinforced and the necessary political support maintained, additional positive results could be achieved. I also encourage States and international and regional organizations to continue supporting the States of the former Yugoslavia in their cooperation with my Office.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“The arrests of Stojan Zupljanin and Radovan Karadzie, carried out by the authorities of Serbia, were important milestones in Serbia's cooperation with my Office. They were the result of improved, effective leadership and coordination between political and judicial authorities, as well as security services. Agencies in charge of tracking fugitives have stepped up efforts to locate and apprehend the two remaining fugitives, Ratko Mladie and Goran Hadzie. Planning and coordination between the various security services has improved and the authorities are conducting more pro-active, comprehensive and widespread actions to arrest those remaining fugitives.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“Significant improvements have also been achieved as a result of the Serbian authorities recently participating in working meetings with my staff, which has facilitated the identification of relevant documents in their archives. Further cooperation is needed to obtain information in relation to certain important missing documents from those archives that are critical to the cases. My Office also continues to seek access to certain key military documents in the trial against Momcilo Perisie. In that case, the Trial Chamber has ordered Serbia to investigate and produce a report in relation to the missing documents. Since my written report, Serbia has provided a response, which we are currently reviewing and which may require further follow-up. The most critical area of cooperation remains the apprehension of fugitives.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“Since my last report to the Security Council, Serbia's cooperation with my Office has significantly improved. The changed general political environment has led to a more decisive and proactive approach to cooperation by authorities at the political, judicial and operational levels. The assistance provided by Serbia during the reporting period in terms of access to archives and the provision of documents has also improved. Serbia has provided timely responses to the majority of requests for assistance and provided significant assistance in the provision of important documents relevant for trials. Serbia's National Council for Cooperation with the Tribunal has played a key role in this area.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“After several failed attempts to obtain these documents and at the request of the Office of the Prosecutor, the Trial Chamber ordered Croatia to provide a detailed report specifying the efforts undertaken to obtain the requested documents. In response to the Chamber's order, Croatia provided a report and supporting documents. Since my written report, Croatia also provided additional documents requested by my Office, thereby complying, in part, with the Tribunal's order. However, still at this date, key military documents remain unaccounted for and, in our view, further steps remain to be taken. The matter remains before the Tribunal. As the trial is in progress, it is crucial that the remaining requested key documents be made available immediately.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“We hope that the political and institutional difficulties currently faced by Bosnia and Herzegovina will not negatively impact on the satisfactory cooperation it is providing to my Office today. We also continue to encourage the authorities in Bosnia and Herzegovina to adopt a proactive approach to investigating and prosecuting those that support fugitives evading justice. Croatia has responded to most requests for assistance from the Office of the Prosecutor. However, we continue to seek access to key documents and archives in the Gotovina case. Over the past year and a half, these specific documents have been at the centre of discussions with Croatian authorities.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“I also ask States in which witnesses reside to continue assisting the International Tribunal in this respect. It is important to create a climate that is conducive for witnesses to testify, and provide the necessary guarantees to witnesses who decide to speak before the Tribunal. In order to succeed in completing the trial and appeals programme, we still rely heavily on cooperation from the States of the former Yugoslavia and the support of the international community. Cooperation from the States of the former Yugoslavia remains critical in several areas: access to archives and the provision of documents, access to and protection of witnesses and the search for, arrest and transfer of the remaining fugitives. Bosnia and Herzegovina has continued to grant access to Government archives and to provide the documents requested.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“We have reduced the scope of the criminal conduct charged, streamlined indictments and submitted evidence in written form, thereby reducing the amount of live witness testimony. We also continue to submit motions proposing to introduce evidence that has already been adjudicated in other trials. As a result, progress has been made in addressing the length of trials and in moving through the Tribunal's trial programme. While trials and appeals are progressing, I remain concerned about the problems of witness interference, particularly in the form of witness intimidation, which directly affect our ability to present a case in an effective and timely manner. Where appropriate, we have addressed those concerns with the Registry and Chambers.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“The Office is currently working on 10 active appeals cases. We expect a marked increase in our caseload in the second half of 2009 after the trial judgements of the multiple accused cases. By then, we expect to have an overall inventory of more than 23 appeals cases. In the reporting period, my Office has also conducted a number of important contempt cases. My Office prosecuted individuals involved in the divulgation of information about protected witnesses and interference with protected witnesses. We remain strongly committed to the Tribunal's completion strategy. In all cases before the Tribunal, we have taken steps to present cases more efficiently and expeditiously.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“The cases that are now before the Tribunal are broad and complex. Bringing evidence forward to prove charges of the magnitude contained in our indictments is a substantial undertaking and in every case a major challenge. All cases involve senior political and military figures from the conflict in the former Yugoslavia. Several involve the prosecution of six or more political or military leaders. In one such case, the trial is awaiting judgement. In the two other cases, the prosecution phase is complete and the trial is well into the defence phase. These multiple accused trials can be considered as major achievements and vindication of the use of joinder as one of the key pillars of the Tribunal's completion strategy. The appeals work in the Office of the Prosecutor continues apace.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“Mr. Brammertz: I am honoured to appear once more before the Security Council to present the report of the Office of the Prosecutor on the implementation of the Tribunal's completion strategy. In my presentation, I will provide the Council with an update on the work of the Office of the Prosecutor in the following areas: the ongoing judicial proceedings, the cooperation of States, the interaction with prosecution services in the former Yugoslavia and organizational matters. During the reporting period, prosecution work in trials and appeals has been intense. We are currently prosecuting 26 individuals in seven trials. Two fugitives - Ratko Mladie and Goran HadZie remain at large. Their arrest today remains the highest priority. To fulfil the mandate of the Tribunal, they must be arrested and brought to trial as soon as possible.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“I should like, if I may, to encourage Council members and the entire international community to provide further support for the work of prosecutors in the region. They are doing outstanding work in political conditions that remain difficult and with resources that are often insufficient.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“I thank those present for their comments, most of which were encouraging, some of which were critical. I would like to thank them for emphasizing the need for cooperation by the countries of the region and by the international community. I would state once again our determination to implement the Security Council resolutions on the completion strategy. The Tribunal President referred to that. The Tribunal has referred a number of cases, under rule 11 bis, to the region, and no other referrals are being planned. In fact, as recently as last week, decisions were handed down in these cases by jurisdictions in Bosnia and Herzegovina and in Croatia. I would like to emphasize in this context that we are daily contact with prosecutors in the region to transfer to their files of investigative material.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“As concerns the enforcement of sentences, 1 would add that the number of agreements concluded with the Tribunals remains insufficient, and we appeal to States to consider concluding further such agreements.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“Over the past months, the initial elements of agreement have emerged in a way that should enable us to move forward on residual matters. My delegation is now preparing a document setting out the options, on the basis of which discussions in the working group could continue during the second half of 2008. Still on the subject of residual functions - and beyond the issue of trying fugitives not yet captured at the time of the closure of the Tribunals - I would like, in my national capacity, to emphasize the importance of issues related to the protection of victims and witnesses and to the enforcement of sentences. Those questions go to the very heart of the basic rights of the individual.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“Let me conclude with a few words about the residual functions that will need to be carried out after the closure of the Tribunals. Since the beginning of this year, the Belgian delegation has been chairing the informal working group on this matter, and I can bear witness to the substantial progress that has been achieved. As other delegations have noted, Ambassador Verbeke briefed the Council on this progress during its consultations in mid-May. Over the past months, the working group has methodically studied the list of residual functions identified by the Tribunals and has engaged in a dynamic dialogue with both Tribunals, in the form of written questions and answers. Indeed, this afternoon the working group will be meeting with the Tribunal Presidents, Prosecutors and Registrars to continue that dialogue.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“The legacy of the Tribunals - and thus that of the Security Council, which established them - will be tarnished if fugitive accused are not brought to trial. That is especially true of fugitives accused of the most serious crimes. We appeal to all the States concerned to cooperate fully with the Tribunals in arresting those individuals and transferring them to The Hague or to Arusha. Belgium notes with regret Prosecutor Brammertz's mixed assessment of Serbia's cooperation with the International Criminal Tribunal for the Former Yugoslavia, and we encourage the Serbian Government to do its utmost to cooperate fully with the ICTY. Similarly, in the light of the information provided by Prosecutor Jallow, we urge the authorities in Kenya and other countries of the region to cooperate fully with the ICTR.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“Those resolutions, which were adopted more than four years ago, called on the Tribunals to "take all possible measures to complete all trial activities at first instance by the end of 2008, and to complete all work in 2010" (resolution 1503 (2003), para. 7, and resolution 1534 (2004), para. 3). In the View of my delegation, this means that the dates should be considered in the light of circumstances and in the light of what the Tribunals are actually able to do. The referral of indictments to certain national jurisdictions, in accordance with the provisions of rule 11 bis of the Rules of Procedure and Evidence of the two Tribunals, is an essential element of the completion strategies. But it is important to emphasize that the decision whether or not to refer a particular case is strictly judicial in nature.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“My delegation appeals to the Tribunals to continue to do everything necessary to comply with the 2010 deadline, as far as possible. We cannot reproach the Tribunals for certain delays for which they are not responsible, in particular those caused by the late arrest and transfer by States of certain accused, as has recently been the case for the International Criminal Tribunal for Rwanda (ICTR). In that regard, I would recall that, in our View, the completion dates set in resolution 1503 (2003) and reaffirmed in resolution 1534 (2004), are indicative and should be adapted in the light of developments.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“Mr. Brammertz: today is his first appearance before the Security Council as Prosecutor of the International Criminal Tribunal for the Former Yugoslavia (ICTY). My delegation fully endorses the statement to be made by the Permanent Representative of Slovenia on behalf of the European Union. I wish to comment also on a number of other major points. We have carefully studied the reports of the two Tribunals, and we continue to believe - as we said in the statements we made in June and December 2007 (see S/PV.5697 and S/PV.5796) - that the Tribunals have made considerable efforts to implement their completion strategies. To be sure, it is regrettable to have to note that, as indicated by the evaluations of the Tribunals, the appeals proceedings cannot be completed until 2011.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“At the same time, I cannot think of a situation in which the Tribunal, having been established to try those most responsible for atrocious crimes, will close its doors without bringing to justice all remaining fugitives. During my trip to Bosnia and Herzegovina last March, I met with a number of victims' associations. After all these years, their demands for justice are unwavering - and unanswered in respect of the fugitives. I was impressed by the courage of the survivors and the clarity of their message that the accused must be tried by the International Tribunal. They have never given up, and neither can we. We owe them the justice that was promised 15 years ago, when the Tribunal was set up. I thank the Council for its support to the Office of the Prosecutor. We continue to rely on it.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“I ask the Council to endorse my call for international support and full cooperation from the international community and from the States of the former Yugoslavia. This message is important, especially as we near the completion of ongoing trials. Six months ago, I joined an institution that is well on its way to fulfilling its mandate. As an outside observer, 1 was impressed by the International Tribunal's achievements. Now that I am in-post, I witness every day the commitment and dedication of our staff members. I therefore ask the Council to support initiatives and measures to retain the expert staff the Tribunal needs in order to conclude its work. We are committed to fulfil our mandate.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“We strongly believe that the remaining fugitives - Ratko Mladic, Radovan Karadzic, Stoj an Zupljanin and Goran Hadzic - are within reach of the authorities in Serbia and that the Serbian authorities can do more to locate and arrest them. With the exception of a genuine but, alas, failed attempt to arrest Mr. Zupljanin, there has been no notable progress in this critical area of cooperation during the past six months. One of the reasons given by the authorities for this lack of cooperation is the political uncertainty in which Serbia has found itself since the beginning of the year. It is my hope that the new Government will empower the security services and the Office of the War Crimes Prosecutor to search for, arrest and transfer the remaining fugitives.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“As these trials are in progress, it is crucial that the requested documents be made available immediately. Bosnia and Herzegovina has generally responded in a satisfactory way to requests for assistance. We would, however, like to encourage the authorities in Bosnia and Herzegovina to adopt a more proactive approach against those helping the fugitives evade justice. Serbia has provided adequate responses to number of requests for assistance. However, significant obstacles remain in relation to access to some key archives and documents for ongoing trials and those that are about to begin in the very near future. In the coming weeks, teams from my Office will meet again with senior officials in Belgrade to continue our efforts to obtain these documents. The arrest of fugitives remains a key challenge.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“I hope funds will be made available, as I believe that the role of the War Crimes Prosecutor and Chamber is crucial in strengthening Bosnia and Herzegovina's still-fragile justice system. In order to succeed in fulfilling our mandate, we still rely heavily on cooperation from the States of the former Yugoslavia and the support of the international community. Since I took office, I have repeatedly called upon those States to fully cooperate with my Office. I have specifically requested access to archives and documents and the arrest and transfer of the remaining fugitives. Although Croatia has, in the past six months, made available certain archival materials, a number of important requests for key documents required for ongoing trials are still pending.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“I will also continue to explore further methods of cooperation, such as engaging prosecutors and experts from the region and our office to facilitate the sharing of expertise and to provide practical hands on training. I kindly ask the international community to support such initiatives. International support to national courts in the former Yugoslavia will remain crucial in the coming months and years. In this respect, I am very concerned that, as the President of the Tribunal has already mentioned, future funding for the War Crimes Department in the Office of the Prosecutor of Bosnia and Herzegovina may be reduced and that international prosecutors may leave, thereby jeopardizing the work of the State court.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“At the same time, we remain actively involved in transferring investigation files and other material, including evidence that is requested by national prosecutors. We work closely with national judicial and prosecution authorities from the former Yugoslavia and assist them so that they can continue to effectively prosecute war crimes cases. Since I took office, I have had several fruitful meetings with State and war crimes prosecutors from the region. Last month I attended a successful conference in Croatia with prosecutors from the region, which resulted in a renewed commitment from all participants to intensify national war crimes prosecutions and to strengthen cooperation among themselves. I am determined to reinforce professional ties with national prosecutors and develop true partnerships.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source