Prosecutor Brammertz meets with Victims and the HJPC to Discuss Transfer of Cases

In recent weeks, Mr. Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals, has undertaken official visits to Croatia, Serbia, Montenegro and now Bosnia and Herzegovina (BiH) to hold high-level meetings concerning regional cooperation in war crimes matters.

In particular, Prosecutor Brammertz has raised the priority issue of the approximately 500 persons suspected or indicted for war crimes committed in BiH who now reside in other countries in the region, predominately Croatia and Serbia. As these individuals cannot be extradited back to BiH to stand trial, justice can only be achieved if the respective cases are transferred to the country of current residence for further investigations and prosecutions.

As an important concluding step in these efforts, on 23 September in Sarajevo Prosecutor Brammertz met with the High Judicial and Prosecutorial Council (HJPC) and representatives of victim associations from all three ethnic communities to update them on the initiative.

At the invitation of Mr. Halil Lagumdžija, President of the HJPC, Prosecutor Brammertz briefed members of the HJPC on recent developments. He informed them that authorities in Croatia and Serbia agreed that such cases should be transferred as a matter of priority, and that the transfer of such cases in the investigative phase would be welcome. They further committed to accepting the transferred cases and ensuring that they are appropriately processed. Prosecutor Brammertz further explained that he had emphasized the critical need to provide sufficient resources to prosecutors and judges in Croatia and Serbia to handle the significant volume of cases to be transferred.

All members of the HJPC welcomed Prosecutor Brammertz' efforts and the commitments made by Croatian and Serbian authorities. It was agreed that cases concerning unavailable suspects and accused need to be transferred as expeditiously as possible, and that this transfer process is in accordance with the National War Crimes Strategy. The Prosecutor's Office of BiH, as well as other prosecution services in the country, will quickly identify investigations to be transferred and commence the process. The Court of BiH will likewise support this process with respect to confirmed indictments on its docket. The Ministry of Justice, as the responsible part of the executive branch for international judicial cooperation, will also play its part to support the transfer process. The HJPC will adopt appropriate conclusions at its next scheduled meeting.

Representatives of victim associations from all three ethnic communities were also invited for a briefing and to express their views. Prosecutor Brammertz and HJPC President Lagumdžija informed them of the situation, provided information on the agreements reached in Croatia and Serbia and updated them on the HJPC's discussions. Prosecutor Brammertz emphasized that the transfer of cases may raise reasonable concerns, but that this was the only avenue available to secure accountability for the crimes committed against the victims and survivors.

Participating victim representatives recognized the necessity of transferring these cases and expressed their support for the initiative. Concerns were raised regarding the justice processes in Croatia and Serbia. Prosecutor Brammertz underscored that the Mechanism Office of the Prosecutor (OTP) would facilitate the process and provide assistance to prosecutors receiving transferred cases. In this regard, it was also emphasized that for trials to be successful, the participation of witnesses from BiH will be essential, which authorities in the region will work to facilitate. Victims representatives inquired about suspects and accused in countries outside the region, and it was confirmed that resolving these cases as well is a priority for BiH authorities. It was further noted that there are still many suspected war criminals in BiH who should be investigated and prosecuted. Mr. Milanko Kajganić, Chief Prosecutor of BiH, agreed and explained that his office would now be able to more fully devote its efforts to this task. It was also discussed that appropriate efforts would be needed to ensure that suspects and accused persons are prevented from fleeing BiH to avoid trial or punishment.

In conclusion, Prosecutor Brammertz recognized that there are valid criticisms of international and national efforts to achieve accountability for war crimes committed during the conflicts in the former Yugoslavia. Many victims are still waiting for justice, and nearly 30 years have passed since the conflicts ended. At the same time, the fact is that from a global perspective, more accountability has been achieved in the region than for any other contemporary armed conflict. It is critical that the justice process continues, and the transfer of cases from BiH to other countries in the region will be an integral part of that. Prosecutors, judges, victims, civil society and others must continue working together to hold perpetrators accountable and promote the rule of law.