Progress noted, further efforts needed in domestic prosecution of war crimes, says OSCE Mission to Croatia report

ZAGREB, 28 September 2006 - Progress has been noted but further efforts are needed to ensure the quality, integrity and impartiality of domestic war crimes prosecutions, says a report by the OSCE Mission to Croatia issued today.

The Report on War Crimes Trials, which highlights developments in 2005 and the first half of 2006, concludes that war crimes proceedings as a whole are increasingly objective and impartial compared to previous years.

However, there is a need to consolidate this positive trend. Issues that still raise concern are: impartiality and the application of a uniform standard of criminal accountability; quality of judicial decisions; adequate defence by court-appointed counsel; witness security and support; as well as inter-state judicial co-operation.

While diminishing in impact, ethnic origin continues to be a factor in determining against whom and what crimes are prosecuted, with discrepancies seen in the type of conduct charged and the severity of sentencing. Continued elimination of unsubstantiated charges against Serbs as well as the initiation of new inquiries into yet un-prosecuted crimes committed by members of the Croatian armed forces would provide steps toward ensuring even-handed accountability, notes the Report.

More needs to be done to enhance security and support for witnesses, including firm action against those who would attempt to threaten or intimidate witnesses. The Report notes that this finding pertains to the special war crimes courts as well as the local courts, and in particular to cases involving members of the armed forces and other high profile figures.

In addition, corrective measures should be introduced to address the continuing high rate of error by trial courts that has led to reversal of numerous verdicts by the Supreme Court. The need to ensure the adequacy of court-appointed defence counsel is also noted .

The Report notes that significant steps have been taken toward enhancing inter-state co-operation, primarily by prosecutors. It suggests that greater political will is needed to increase systematic and institutionalized inter-state judicial co-operation between Bosnia Herzegovina, Croatia, Montenegro and Serbia. Lowering barriers to such co-operation is a key factor in ending impunity and provide justice for all victims as well as enhance regional stability, concludes the Report. 

The complete report is available on the Mission's web page: www.osce.org/croatia