Cooperation with ICTY
232. Serbia and Montenegro attaches great importance to its cooperation with the Tribunal,
which is conducted under the Law on Cooperation with ICTY. Pursuant to that law, a National
Cooperation Council was established. The Council developed a step-by-step procedural process
of cooperation. Cooperation is evidenced in the transfer of indictees, submission of documents,
assistance in hearing witnesses and suspected persons, proceedings before national courts and the
execution of protective measures. To date, 9 indicted persons were arrested and handed over to
the Tribunal and 12 who were resident in the country voluntarily surrendered.
233. ICTY has forwarded to the authorities 17 warrants for the arrest of other indictees,
including Radovan Karadzic, former Bosnian Serb leader, General Ratko Mladic, former
Bosnian Serb commander, Vladimir Kovacevic, former member of the armed forces of Serbia
and Montenegro, as well as 14 Bosnian Serb army soldiers. Most of these have wanted circulars
issued on them, whereas two of them will have them issued fairly soon. From early 2001 to
May 2003 Serbia and Montenegro met 99 requests by the Office of the Tribunal’s Prosecutor
(OTP) for submission of documents. Only in eight cases was OTP told that its request could not
be met or that the requested documents did not exist. Additionally, 14 requests were met
partially by submitting part of the requested documents.
234. As far as witnesses are concerned, this aspect of cooperation consists of finding,
notifying and serving hearing papers or waivers for witnesses to testify on classified or
privileged information. Between the beginning of 2001 and early May 2003, 115 requests were
made by OTP or the Trials Chamber; in only 10 cases could the wanted persons not be
identified. Serbia and Montenegro fulfils even other ICTY requests, such as those to set up
meetings with government authorities, for ICTY investigators to be present during the
exhumation of bodies, etc.
235. Apart from that, several other cases have been or are being tried by national courts. In
July 2003 a law was passed dealing with the organization and competence of government
authorities in proceedings against perpetrators of war crimes, including those covered by
article 5 of the ICTY Statute. Under this law, the authorities of the Republic of Serbia have the
authority to prosecute perpetrators of war crimes committed in the territory of the former
Yugoslavia, whatever the nationality of either the perpetrator or the victim. The law provided
for the establishment of the Office of a Special War Crimes Prosecutor, who has already been
appointed. It also stipulates that the District Court in Belgrade is the court competent to decide
on war crimes cases.
VIII. INFORMATION RECEIVED BY THE COMMITTEE AFTER
ITS VISIT TO SERBIA AND MONTENEGRO
236. In the course of 2003 and the beginning of 2004, NGOs submitted information to the
Committee alleging, inter alia, continuing police mistreatment of criminal suspects, failure by the
State party to cooperate fully with ICTY, inadequate efforts to prosecute war criminals before
domestic courts and an inadequate domestic system for bringing those responsible for war crimes
to justice.
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