Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January-June 2007
Trbić was transferred to BiH, following a
decision by the Referral Bench in April. He
is accused of genocide, conspiracy to
commit genocide, as well as crimes against
humanity and war crimes for his alleged
role, as a Captain in the Bosnian Serb Army
(Vojska Republike Srpske, VRS) in the
systematic killing of thousands of Bosniak
men and boys in Srebrenica in 1995.
In April the Tribunal’s Appeals Chamber
reversed certain first instance convictions
against Radoslav Brđanin in particular with
regard to the commission of torture in
detention camps by members of Bosnian
Serb forces in north-western BiH and the
wanton destruction of cities, towns or
villages in the municipality of Bosanska
Krupa and reduced his sentence to 30
years’ imprisonment. Radoslav Brđanin, a
former Bosnian Serb leader, had been
sentenced by the Trial Chamber in 2004 to
32 years’ imprisonment for crimes against
humanity and war crimes committed
against the non-Serb population.
Also in April, Dragan Zelenović, a former
member of a VRS military unit in Foča, was
found guilty of torture and rape committed
against Bosniak women and girls in 1992.
He
was
sentenced
to
15
years’
imprisonment.
In May, the Appeals Chamber partly
reversed Vidoje Blagojević’s first instance
conviction finding him not guilty of
complicity in genocide and reducing the
sentence of 18 years’ imprisonment
imposed on Vidoje Blagojević in 2005 by
the Trial Chamber to a sentence of 15
years’ imprisonment. A former VRS officer,
Vidoje Blagojević had been also found guilty
of murder, persecutions, and inhuman acts
committed against non-Serbs.
In June Tribunal indictee Zdravko Tolimir
was transferred to the Tribunal’s custody
after having been arrested at the border
between Serbia and BiH by the RS police,
reportedly acting after a tip-off by the
Serbian police. Zdravko Tolimir, former
Assistant Commander for Intelligence and
Security of the VRS Main Staff, is accused
of genocide, conspiracy to commit genocide,
crimes against humanity and war crimes for
Amnesty International
25
his alleged role in the killing of thousands of
Bosniak men and boys in Srebrenica in
1995.
Cooperation
between
BiH
and
RS
authorities and the Tribunal improved. In
June, in her address to the UN Security
Council, the Tribunal Prosecutor stated that
BiH’s level of cooperation with her office
had progressed in recent months and was
now generally satisfactory. She pointed to
improved coordination between the State
and entity level institutions in targeting the
fugitives’ support networks and welcomed
the role of BiH and the RS in facilitating the
arrest and transfer of Zdravko Tolimir to
the Tribunal.
In February the ICJ ruled in the case of BiH
vs. Serbia and Montenegro confirming that
genocide was committed in Srebrenica in
1995. The judgement, which is binding,
found that Serbia did not commit or was
complicit in genocide but that it had
violated
its
obligations
under
the
Convention
on
the
Prevention
and
Punishment of the Crime of Genocide
(Genocide Convention) by having failed to
act to prevent genocide in Srebrenica and
by having failed to transfer Ratko Mladić,
indicted inter alia for genocide and
complicity in genocide, to the Tribunal. The
ICJ decided that Serbia should immediately
take effective steps to ensure full
compliance with its obligation under the
Genocide Convention, and to transfer
individuals accused of genocide, as well as
other indictees, to the Tribunal.
Domestic
investigations
prosecutions
and
War crimes proceedings before domestic
courts continued, including at the War
Crimes Chamber (WCC) within the BiH
State Court, although efforts to bring
perpetrators to justice remained insufficient
to provide justice to the victims given the
scale of the crimes committed and the
potentially huge number of crimes to be
investigated and prosecuted. In February a
joint financing agreement was signed by
the BiH Ministry of Justice, the Registry of
AI Index: EUR 01/010/2007
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