Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January-June 2007
continued
international
human
rights
monitoring and assistance in these areas,
including through an international presence
on the ground with a significant human
rights component. In her statement to the
UN Security Council in June, the Prosecutor
of the International Criminal Tribunal for
the Former Yugoslavia (Tribunal) stated
that “[s]ince the question whether the
OSCE should continue to monitor trials in
Croatia is being debated, I wish to re-affirm
the importance of the monitoring process
carried out by the OSCE and recommend
that it pursue this activity in Zagreb”.
War crimes and crimes against
humanity (update to AI Index: EUR
01/001/2007)
International prosecutions
In February the Tribunal found Croatian
freelance journalist Domagoj Margetić guilty
of contempt of the Tribunal. He was
sentenced to three months’ imprisonment
and to a fine of 10,000 Euros for having
published on his internet site a complete
confidential witness list containing the
names of witnesses who had testified in the
case against Croatian Army General Tihomir
Blaškić, which included a significant number
of protected witnesses. The identity of
protected witnesses had been also revealed
in a number of accompanying articles by
Domagoj Margetić.
In March the Tribunal’s Appeals Chamber
rejected an Appeal by Vladimir Kovačević
against a decision in November 2006 of the
Tribunal’s Referral Bench ordering the
transfer of his case to Serbia. The accused,
a former commander of the Yugoslav
People’s Army, was suspected of having
committed war crimes, including murder,
cruel treatment and attacks on civilians,
during an attack on the Croatian City of
Dubrovnik. Vladimir Kovačević had been
declared unfit to stand trial in 2006 on
mental health grounds.
In June Milan Martić, who held various
leadership positions in the self-proclaimed
Serbian
Autonomous
District
(Srpska
Amnesty International
37
autonomna oblast, SAO) and Republic of
Serbian Krajina (Republika Srpska Krajina,
RSK) was found guilty of various counts of
crimes against humanity and war crimes,
including persecutions, murder, torture,
deportation, forcible transfer and attacks on
civilians, and sentenced to 35 year’s
imprisonment, for his role in crimes
committed against non-Serbs in areas
under Croatian Serb control. He was
acquitted of the charge of extermination as
a crime against humanity. The Tribunal
inter alia found that Milan Martić took part
in a joint criminal enterprise whose purpose
was “the establishment of an ethnically
Serb territory through the displacement of
the Croat and other non-Serb population”.
Domestic investigations and prosecutions
A considerable number of trials for war
crimes continued or started before Croatian
courts and the Croatian judiciary continued
to actively investigate and prosecute wartime human rights violations. However, in
the vast majority of cases, criminal
proceedings were related to cases where
the victims were ethnic Croats. The practice
of holding trials in absentia continued,
usually against Croatian Serb accused.
There continued to be widespread impunity
for crimes allegedly committed by members
of the Croatian Army and Croatian police
forces, despite some steps taken with a
view to investigating and prosecuting cases
of war crimes against Croatian Serbs.
Proceedings against Branimir Glavaš for his
alleged
involvement
in
war
crimes,
including murders, committed against
Croatian Serb civilians continued. Following
an earlier suspension of proceedings in
December 2006, due to a reported
deterioration in the suspect’s health after a
hunger strike, Branimir Glavaš was again
declared fit to follow proceedings in
February. In April an indictment was issued
by the office of the Osijek County
Prosecutor in the so-called “Sellotape” case,
charging Branimir Glavaš and six other
indictees with the unlawful arrest, torture
and killing of Croatian Serb civilians in
Osijek in 1991. In May he was also indicted
AI Index: EUR 01/010/2007
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