That Someone Guilty Be Punished - International Center for ...

transparency of the Chamber in these cases. See “Anger at Secrecy Surrounding Foča Rape Cases,”
BIRN’s Justice Report, Mar. 8, 2006, at http://www.bim.ba/en/1/10/770/.
808. Interview with OSCE Mission to Bosnia and Herzegovina, Sarajevo, June 8, 2007. In this
instance, the ICTY was among those publicly criticizing the BWCC’s practice of excluding the public
from most of the trial proceedings. See “Anger at Secrecy Surrounding Foča Rape Cases,” BIRN’s
Justice Report, Mar. 8, 2006, at http://www.bim.ba/en/1/10/770/ (quoting ICTY Spokesperson
Alexandra Milenov).
809. Interview with Marinko Jurčević, then chief prosecutor, State Court of BiH, Sarajevo, Dec.
4, 2006. Still, most of the cases transferred under Rule 11 bis required further preparation by the
SDWC. Then SDWC head David Schwendiman told us that it was simply wrong to think that 11
bis cases were for the most part “trial ready.” In some cases, he said, “nothing had been done for
awhile” on cases transferred to the SDWC, although prosecutors in The Hague had “done everything
they could to get everything to us.” Interview with David Schwendiman, then deputy chief
prosecutor, State Court of BiH and Head of SDWC, Sarajevo, July 14, 2009.
810. Email communication with Pipina Katsaris, legal advisor-head of the Rule 11 bis Monitoring
Project and Capacity Building and Legacy Implementation Project, Human Rights Department,
OSCE Mission to BiH. According to officials in the SDWC, this happened “only once or twice.”
Interview with Toby Cadman and David Schwendiman, SDWC, Sarajevo, June 12, 2007.
811. Interview with Branko Perić, then president of HJPC, Sarajevo, Dec. 4, 2006.
812. Interview with Toby Cadman and David Schwendiman, SDWC, Sarajevo, June 12, 2007.
813. Address of the Prosecutor, Carla Del Ponte, “Office of the Prosecutor of the ICTY and War
Crimes Chamber of BH Court—Way Forward and Challenges,” BIRN Conference, Sarajevo, Nov.
10, 2005, at http://www.un.org/icty/pressreal/2005/speech/cdp-bh-BIRN-wcc-10nov05.htm. The
case to which Del Ponte referred was the first one transferred to Bosnia pursuant to Rule 11 bis.
814. Interviews with SDWC staff, Sarajevo, June and July 2006.
815. Amendment to the Law on the Transfer of Cases, Official Gazette of BiH, No. 53/06.
816. Interview with David Schwendiman, then head of SDWC, Sarajevo, July 14, 2009.
817. Id. In part for this reason, international prosecutors took the lead in four out of six 11 bis
cases transferred to Bosnia. See ICTJ, The War Crimes Chamber in Bosnia and Herzegovina: From
Hybrid to Domestic Court, pp. 11-12 (2008); Interview with Toby Cadman and David Schwendiman,
SDWC, Sarajevo, June 12, 2007. One of the two national prosecutors who took the lead in an 11 bis
prosecution speaks English. Interview with David Schwendiman, then head of SDWC, Sarajevo,
July 14, 2009.
818. Interview with Prosecutor Džemila Begović, July 2006.
819. Interview with Toby Cadman and David Schwendiman, SDWC, Sarajevo, June 12, 2007.
But, they added, ICTY prosecutors were extremely cooperative in working with their counterparts
in Sarajevo to help them “get a better sense of how to proceed and what they needed.” Id.
820. In a similar vein, another SDWC staff member told us that the ICTY Registry failed to
provide exhibit lists along with trial records and bemoaned the ICTY Referral Bench’s short notice
of pending 11bis decisions. Interview with SDWC staff member, July 2006.
821. Multiple interviews with former and current SDWC staff, June and July 2006.
THAT SOMEONE GUILTY BE PUNISHED 199