CAT/C/SRB/CO/1
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(c)
Comply with the Committee’s Views under article 22
where it requests for further investigations in respect of individual
communications and provide information to this effect in its next
periodic report.
Cooperation with the ICTY
11. The Committee welcomes the steps taken to enhance cooperation and progress made with
regard to the International Criminal Tribunal for the Former Yugoslavia (ICTY) as well
as the establishment of witness protection programmes but it expresses concern over the
uncertain future of the cases after the scheduled closure of the ICTY as well as for the
safety of those who have or are in the process of providing evidence (art. 12).
The State party should ensure that:
(a)
Full cooperation is extended to ICTY, including through
apprehending and transferring those persons who have been indicted and
remain at large, as well as granting the Tribunal full access to requested
documents and potential witnesses;
(b)
All persons, including senior police officials, military personnel, and
political officials, suspected of complicity in and perpetrators of war crimes and
crimes against humanity, are brought to justice in adequate penal proceedings,
including after the scheduled closure of the ICTY tribunal; and
(c) Witnesses are effectively protected throughout all stages of the
proceedings and afterwards.
Other war crimes investigations
12. The Committee regrets the lack of explanation by the State party about the outcomes of
the investigations into the “Ovcara case” (November 1991), and particularly the role of
the Supreme Court in 2006 in quashing the first court’s decision, and is concerned at the
lack of information provided about the reasons for ordering a re-trial (art. 12).
The State party should provide the Committee with information about the
outcomes of the investigation into the “Ovcara case” (November 1991) and the
reasons for ordering a retrial in 2006.
Human rights defenders
13. The Committee expresses concern about the hostile environment for human rights
defenders, particularly those working on transitional justice and minority rights and the
lack of fair trials on cases filed against human rights defenders for alleged political
reasons (art. 16).
The State party should take concrete steps to give legitimate recognition to
human rights defenders and their work, and ensure that when cases are brought