Untitled

More documents

Recommendations

Info

Humanitarian Law CenterSerbian Supreme Court Belgrade, 19 November 2002President Mrs. Lepa KaraMarkovićPresiding judge,I am writing to you regarding the war crimes trial before the Prokuplje DistrictCourt, which is conducted with numerous difficulties. Even though theSerbian Supreme Court overruled the Prokuplje District Court’s request forthe transfer of authority, I must again present the arguments that point outthe necessity to reconsider once more the court’s jurisdiction for processingthe cases of war crimes.Saša Cvjetan and Dejan Demirović (tried in absentia) are being tried inProkuplje for a war crime committed against the civilian population on 28March 1999 in Podujevo, Kosovo. The trial began based on an incompleteand trivial indictment by which two members of the reserve Serbian Ministryof Interior unit are charged with the murder of 19 Kosovo civilians, mostlywomen and children.The trial panel is professionally incompetent to process the case in line withthe only purpose of the proceedings, which is to bring justice and handdown impartial verdicts. The trial panel obviously prefers witnesses whotestify in the favour of the defendant. It turns down witnesses, without validarguments, who could give significant contribution to the fact-findingand establishing responsibility of the defendants. The partiality of the trialpanel towards defendant Saša Cvjetan prevents the court from gatheringevidence that would contribute to the process of bringing justice for the defendantas well as for the victims. This way, a trial without evidence leads toacquittal and praising war criminals as heroes.The presiding judge does not react to the defence counsellors’ acts bywhich they insult the court. He lets the attorneys interrupt and warn himnot to distract their defence. The presiding judge does not react when defendantCvjetan threatens journalists and non-governmental organisationsbecause of their trial monitoring reports. It is understandable that none ofthe Albanian witnesses is ready to testify before the Prokuplje trial panel.The fact that none of the Albanian witnesses has appeared in the trials forwar crimes committed in Kosovo that are being processed in Serbia, points86
Podujevo 1999 – Beyond Reasonable Doubtto the fact that it is urgent for the Serbian Ministry of Justice and the SerbianSupreme Court to discuss the existing problems and rule in the issuessuch as delegating all war crimes trials to the Belgrade District Court, thecooperation with the internationalised and local courts in Kosovo, and witnessprotection.I am asking you to pay considerable attention to the aforementioned problemsand by your decisions contribute to the creation of prerequisites forthe competent processing of war crimes.If the trial continues before the Prokuplje District Court, I am afraid thatit would represent great embarrassment for the Serbian judiciary and thewhole state.Please, find enclosed my text “In the Name of the Victims”, the ActingProkuplje Public Prosecutor’s letter, and my reply.Best RegardsNataša KandićExecutive Director87
Page 3:
Documents SeriesPodujevo 1999- Beyo
Page 7 and 8:
INTRODUCTIONThe book in front of yo
Page 9 and 10:
Podujevo 1999 - Beyond Reasonable D
Page 11 and 12:
KI 20/99Ki. No.________INTERROGATIO
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
The Republic of SerbiaDISTRICT PUBL
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38: Podujevo 1999 - Beyond Reasonable D
Page 39 and 40: KI number 33/01WITNESS EXAMINATION
Page 43 and 44: Ki. number 33/01WITNESS EXAMINATION
Page 51 and 52: The Republic of SerbiaDISTRICT PUBL
Page 57 and 58: RECORD FROM THE MAIN HEARING(Before
Page 87: Podujevo 1999 - Beyond Reasonable D
Page 101 and 102: Kr. 716/02Serbian Supreme Court in
Page 103 and 104: K.br. 792/02Kv.br. 391/03BELGRADE D
Page 105 and 106: RECORD FROM THE MAIN HEARINGCompose
Page 115 and 116: IDENTIFICATION RECORDComposed in th
Page 125 and 126: RECORD FROM THE MAIN HEARINGCompose
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
K-number 792/02RECORD FROM THE MAIN
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
Page 181 and 182:
Page 183 and 184:
Page 185 and 186:
Page 187 and 188:
Page 189 and 190:
Page 191 and 192:
Page 193 and 194:
Page 195 and 196:
Page 197 and 198:
Page 199 and 200:
Page 201 and 202:
HOW TO PROTECT WITNESSES WHO ARE SE
Page 203 and 204:
Page 205 and 206:
Page 207 and 208:
Page 209 and 210:
Page 211 and 212:
KŽ I 1687/04Serbian Supreme Court
Page 213 and 214:
Page 215 and 216:
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227 and 228:
Page 229 and 230:
Page 231 and 232:
Page 233 and 234:
Page 235 and 236:
Page 237 and 238:
Page 239 and 240:
Page 241 and 242:
Page 243 and 244:
Page 245 and 246:
Page 247 and 248:
Page 249 and 250:
Page 251 and 252:
Page 253 and 254:
Page 255 and 256:
Page 257 and 258:
Page 259 and 260:
K. br. 1823/04IN THE NAME OF THE PE
Page 261 and 262:
Page 263 and 264:
Page 265 and 266:
Page 267 and 268:
Page 269 and 270:
Page 271 and 272:
Page 273 and 274:
Page 275 and 276:
Page 277 and 278:
Page 279 and 280:
Page 281 and 282:
Page 283 and 284:
Page 285 and 286:
Page 287 and 288:
Page 289 and 290:
Page 291 and 292:
Page 293 and 294:
Page 295 and 296:
Page 297 and 298:
Page 299 and 300:
Page 301 and 302:
Page 303 and 304:
Page 305 and 306:
Page 307 and 308:
Page 309 and 310:
Page 311 and 312:
Page 313 and 314:
Page 315 and 316:
Page 317 and 318:
Page 319 and 320:
Page 321 and 322:
Page 323 and 324:
Page 325 and 326:
Page 327 and 328:
Page 329 and 330:
Page 331 and 332:
Page 333 and 334:
Page 335 and 336:
Page 337 and 338:
Page 339 and 340:
Page 341 and 342:
Page 343 and 344:
Page 345 and 346:
Page 347 and 348:
Page 349 and 350:
Page 351 and 352:
Page 353 and 354:
Page 355 and 356:
Page 357 and 358:
Page 359 and 360:
Page 361 and 362:
Page 363 and 364:
Bogujevci Jehona, witness-injured p
Page 365 and 366:
DDabetić Mitar, a member of the Sp
Page 367 and 368:
Gashi Halim, owner of the house in
Page 369 and 370:
Kandić Nataša, the Humanitarian L
Page 371 and 372:
Milenković Vesna, dactylographer,
Page 373 and 374:
Poštić Zoran, Prokuplje District
Page 375 and 376:
ŠŠaponja Hadžić Milanka, a jour
Page 378:
Documents SeriesPodujevo 1999 - Beo
show all

Untitled

Create successful ePaper yourself

Delete template?

Save as template?