Montenegro

Prosecution of Perpetrators of War Crimes, Crimes against Humanity and Genocide as one of the main preconditions for European integrations

In light of the Agreement on Cooperation in Prosecution of War Crimes, Crimes Against Humanity and Genocide signed in Budva on July 28, 2006 by the Supreme State Prosecutor of the Republic of Montenegro Vesna Medenica and the Chief Prosecutor of the Republic of Croatia Mladen Bajić, the participants in the Round Table will discuss legal solutions and practical experiences in processing and administration of criminal procedures against perpetrators of war crimes and crimes against humanity and genocide.

Welcome address was by Supreme State Prosecutor of the Republic of Montenegro Ms. Vesna Medenica, Minister of Justice of the Republic of Montenegro Mr. Miraš Radović and, on behalf of UN Agencies in Montenegro, Ms. Robin Ellis, Head of UNHCR Office in Montenegro.

The Round Table consisted of two sessions (1) Prosecution of Perpetrators of War Crimes, Crimes Against Humanity and Genocide before the National Courts and (2) Compensation for Mental Harm to the Victims. Participants wer High State Prosecutor in Bijelo Polje Mr. Rifat Hadrović, High State Prosecutor in Podgorica Ms. Ranka Čarapić, President of Appellative Court of Montenegro Mr. Vukoman Golubović, Deputy Supreme State Attorney of Croatia Mr. Antun Kvakan, Mr. Aleksandar Kontić from International Criminal Tribunal for ex-Yugoslavia, Deputy Supreme State Prosecutor Ms. Zagorka Popović, Deputy Supreme State Prosecutor Ms. Miljana Radović, Mr. Velija Murić, Lawyer, and Mr. Predrag Trifunović, Judge of Supreme Court of the Republic of Serbia.

COOPERATION BETWEEN NATIONAL JUDICIARIES IN THE REGION IS KEY TO BRINGING WAR CRIMES PERPETRATORS TO JUSTICE

Full cooperation of judicial institutions of the countries of former Yugoslavia and a quality exchange of information on the whereabouts and location of war crimes suspects are the key conditions for bringing those individuals to justice and thus the recovering from civil war traumas and regional reconciliation – this was the joint estimation of the participants in the round table.

Montenegrin Minister of Justice Miraš Radović pointed out that the Cooperation Agreement between Montenegro and Croatia was a positive example in this area presupposing that the cases are handed out to domestic courts, and he estimated that the judicial reform in the country created a good legal framework for prosecution and for bringing war crimes perpetrators to justice. “Montenegro has the capacity to apply the best practices for prosecution and trial in serious crimes and to take civil proceedings for compensation”, said Minister Radović.

Supreme State Prosecutor of the Republic of Montenegro Vesna Medenica pointed out that the opportunity is now opened for a full affirmation of the legal system and Montenegrin Judiciary standing ready to take proceedings against people who committed violent crimes during the 90s. Supreme State Prosecutor Medenica called the July Agreement between the prosecuting institutions of Croatia and Montenegro a historic step forward, especially because it was obvious that, as she said, the only way to satisfy justice was to yield the evidence of crimes committed during the civil war to the perpetrators’ countries of location. “The previous practice of trials without defendants was deprived of the basic purpose of punishment – the achieving of special and general prevention”, said Supreme State Prosecutor Medenica.

War Crimes Prosecutor of the Republic of Serbia Vladimir Vukčević said that regardless of the complexity and difficulties courts must solve war crimes cases efficiently. He said that the war crime cases in Serbia were handled very efficiently, adding that the verdict was reached in the famous Ovčara case and the verdict for the “Scorpions” was expected soon for the crimes committed near Srebrenica, whilst the process against the so called Zvornik group is currently under way.
               
Head of UNHCR Office Montenegro Robin Ellis reminded of the recent past: “As the former Yugoslavia unraveled in the 1990s, and religious and political factions vied for power, the crimes involved in those violent events were grisly: ethnic cleansing, murder, summary execution, torture, rape, kidnapping, wounding, physical and mental abuse, and detention of citizens in clear violation of the Geneva Conventions.” As a result, there were some 2.5 million refugees and displaced persons, some 250,000 people were killed or missing and the large-scale destruction of cultural heritage and private property occurred, Ms. Ellis said. “Today, some 10 years later, societies and states in the region must find appropriate ways for recovery and reconciliation after such trauma. We, in the UN system, believe that a prerequisite for this recovery is a permanent and unequivocal political and legal reckoning with those responsible for these horrors and ensuring the justice for all, especially the victims.”, Ms. Ellis added.

DEPORTATIONS A QUESTION OF DEBATE

Legal issue of deportation of refugees, compensation for mental harm to the victims and its obsolescence caused much debate as the representatives of lawyers and judiciary argued for different criteria. Some of accusations were that lawyers abused deportation cases - for which the state was sued - for enormous percentages, but also that the state tried to relativize these cases and reduce the amount of compensation. According to Lawyer Velija Murić, a legal representative of the families of victims killed in Kaluđerski laz who sued the State of Montenegro, the crimes are still going on and will continue until the perpetrators are brought to justice and no money can compensate the suffering and the loss.

In their presentation of Montenegrin legal framework and practice, Montenegrin Deputy Supreme State Prosecutors Zagorka Popović and Miljana Radović said it was a mistake not to suspend all the cases of deportation until criminal responsibility of certain members of the Ministry of Interior’s has been ascertained.

Judge of Supreme Court of the Republic of Serbia Predrag Trifunović said deportation was not qualified as crime in Serbia and the courts offer victims a compensation based on a breach of conventions which guarantee their rights as refugees.
               
Leader of Croatian Central State Administrative Office for Public Administration Zlata Hrvoj-Šipek said at the beginning the lawsuits tended to be financially huge but they eventually decreased.

THREE CASES FROM CROATIA  BEFORE COURTS IN MONTENEGRO?

Croatia could forward three cases to the Montenegrin Judiciary related to the prosecution of perpetrators of war crimes, crimes against humanity and genocide, one of them with relation to the Morinj camp, said during the break Deputy Supreme State Attorney of the Republic of Croatia Antun Kvakan to the journalists.
               
Pointing out that it was in the interest of both sides not to speak about these cases at the moment, Deputy Supreme State Attorney Kvakan told journalists that direct communication and collection of data in order to increase the chances for successful processing of the cases was going on. According to him, that which was not realized after the signing of the Agreement confirms a serious and responsible approach of both Montenegrin and Croatian Prosecutor’s Offices in undertaking this task avoiding “creation of unnecessary problems by sending each other incomplete files”. Without information on the suspects’ whereabouts and location the implementation of the Agreement would be impossible, said Kvakan, adding that it is an imperative to ascertain if the individuals against whom the evidence is complete are located in Montenegro. “That is the reason why on-going checks are being made to verify if the persons relevant in these cases are within the reach of Montenegrin Judiciary”, said Kvakan.

The round table agenda worked to develop national training curricula and tailored to the needs of judiciaries working in the field. Feedback received from the participants should further serve to define the parameters of the curricula.

Financed by the Government of the Netherlands, coordinated by the United Nations Development Programme (UNDP) Office Serbia, in cooperation with UNDP Offices Bosnia and Herzegovina, Croatia, Montenegro and Kosovo, the Transitional Justice Programme aims to strengthen the capacities for research, training, establishing of partnerships, regional exchange of information and public information capacities of post-conflict social institutions, therefore providing access to justice. The Programme is tailored with an intention to offer strategic advice and support to the efforts of the governments in the region in overcoming the past and in creating conditions for better regional cooperation and development.

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