Model-Strategy-for-the-Prosecution-of-War-Crimes-Committed-during-and-in-relation-to-the-Armed-Conflicts-in-the-Former-Yugoslavia_za-web

The support measures for victims which are applied by Serbian institutions in war crimes casesare not in accordance with international standards. Among the many deficiencies, the ones that aremost apparent are: the lack of a system for informing the victims about the development of the case,non-existent psychological support before, during and after the trial, the weak capacity and narrowjurisdiction of the Service for assistance and support to witnesses and victims within the Higher CourtDepartment (Assistance and Support Service).Support for witnesses and victims in war crimes cases before the Department of the Higher Court,which is provided by the Assistance and Support Service, includes two types of measures - logisticalassistance in travel organization, and emotional support before, during and immediately after the trial.The other objective needs and rights of victims and witnesses guaranteed by international standardsare not addressed. In addition, the procedures relating to contacting witnesses and victims from theregion and organizing their trips are substantially and formally inconclusive. Thus, in terms of victimsand witnesses from Kosovo and BiH, the Assistance and Support Service does not have any kindof communication with the witnesses and victims before their arrival at the court, which, amongother things, makes it difficult to establish a relationship of trust between the representatives ofthe Assistance and Support Service and the victim/witness – a trust which is essential for providingemotional support during a trial. Communication with the victims and witnesses from Croatia iscarried out thanks to good interpersonal relationships with the Department for the support of victimsand witnesses with the Ministry of Justice of the Republic of Croatia, but with no formal protocol oncooperation between the two services. 14Furthermore, in view of the fact that the Assistance and Support Service is part of the Higher CourtDepartment, by introducing the new concept of criminal proceedings (January 2012), in which the investigationis transferred to the jurisdiction of the OWCP, the support for victims and witnesses in the investigationstage is formally exempted from the jurisdiction of the Assistance and Support Service. At present, during theinvestigation, certain measures of support are provided by the employees of the OWCP and the Assistanceand Support Service, but with the approval of the President of the Higher Court in Belgrade.25General objective: A comprehensive system of support for victims and witnesses in proceedings forwar crimes in accordance with the EU and other international standards is established.Specific objective no. 1: Strengthening the role and the capacity of the Assistance and Support Service.Activities:a) The Ministry of Justice shall initiate the creation of a task force which will be composed ofrepresentatives of the Ministry of Justice, the Higher Court Department, the OWCP, therepresentative of the Assistance and Support Service, a judge with experience the first instancecases of war crimes and an expert with the requisite profile. The task force will formulateamendments to the CPC and the Court’s Rules which will enable the psychologist from theAssistance and Support Service to: i) be present in the courtroom during the trial; ii) exercisethe obligation to warn the presiding judge if it comes to a deterioration of the psychologicalstate of the victim; iii) exercise the right to suggest to the court that a witness be granted thestatus of a particularly sensitive witness;14 Full name: The Department for the Support of Victims/Witnesses in Criminal Proceedings and Proceedingsfor War Crimes.Humanitarian Law Center