The investigation of war criminals started from a dead end

The SDT's preliminary investigation into the crimes of at least fifteen suspects has progressed over the past six months, Bramertz said in the report. Many of them are suspected of horrific crimes in the area of ​​Foča, including rape and torture, but also for the execution of civilians...

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It is common knowledge that insufficient justice has been achieved in Montenegro in connection with war crimes: Bramerc, Photo: Luka Zeković
It is common knowledge that insufficient justice has been achieved in Montenegro in connection with war crimes: Bramerc, Photo: Luka Zeković
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The preliminary investigation by the Special State Prosecutor's Office (SDT) regarding the crimes of at least fifteen suspects of rape, sexual slavery, forced prostitution and human trafficking during the war in the XNUMXs has progressed over the past six months.

This is stated in the report recently presented to the Security Council by the Chief Prosecutor of the International Residual Mechanism for Criminal Courts of the United Nations (UN) in The Hague. Serge Brammertz, into which "Vijesti" had an insight.

The report states that in November 2019, the Prosecutor's Office of the Mechanism prepared an investigative file relating to more than fifteen suspects and submitted it to the SDT.

"Many of these individuals are suspected of horrific crimes of sexual violence, including sexual enslavement, rape, torture, forced prostitution and human trafficking for sexual exploitation, while others are suspected of torturing and executing civilians. The Special State Prosecutor's Office's preliminary investigation into the crimes alleged in the file made further progress during this reporting period," the report, which covers the period from November 16, 2021 to May 18, 2022, states.

The mechanism was replaced by the International Criminal Tribunal for the former Yugoslavia and was established by the Security Council in 2010. It took over all pending proceedings related to war crimes committed in the territories of Rwanda and the former Yugoslavia.

The SDT previously informed the media that the files they received from their colleagues from The Hague are in the hands of a special investigative team. It is about, as the SDT announced at the time, documentation from which there is a basis for suspicion that it is about criminal acts that were committed in the area of ​​Foča.

"Data and evidence were collected by searching the database of the Residual Mechanism in order to determine the participation of Montenegrin citizens in war crimes committed in the 90s, on the territory of neighboring countries - the former Yugoslavia. In that case, the Chief Special Prosecutor formed a Special Investigation Team consisting of a special prosecutor who works on war crimes cases, an associate in the Special State Prosecutor's Office and authorized police officers of the Special Police Department", SDT media were informed earlier.

In the report, which was recently submitted by Bramerc, it is stated that the SDT continued to cooperate with the Prosecutor's Office of Bosnia and Herzegovina, which has relevant evidence and has already undertaken criminal prosecution in those related cases.

Supreme State Prosecutor's Office, VDT, Special Prosecutor's Office
photo: Boris Pejović

"The Prosecutor's Office continues to provide the requested assistance and support to the Special State Prosecutor's Office so that investigations can be completed quickly and indictments can be prepared. Important reforms in domestic law are also needed to support the achievement of war crimes justice," the report says.

It is recalled that the Prosecutor's Office of the Mechanism, relying on its experience, identified legislative changes that would enable the introduction of evidence from the International Criminal Tribunal for the former Yugoslavia and the Mechanism into proceedings conducted in Montenegro and facilitate the efficient processing of cases of sexual violence related to the conflict.

It is stated that, in this connection, working versions of legislative reforms have been prepared and are waiting to be submitted to the Government for consideration.

The Prosecutor's Office of the Mechanism will, as stated, continue to provide the necessary support in order to ensure progress in these and other important areas.

It is recalled that at the request of the Montenegrin authorities, the Prosecutor's Office of the Mechanism over the last few years has developed its assistance to Montenegro in the process of implementing justice in connection with war crimes committed in the conflicts in the former Yugoslavia.

"It is common knowledge that insufficient justice in connection with war crimes has been achieved in Montenegro to date," the report says.

The European Commission (EC) continuously warns about the lack of proactivity in the prosecution of war crimes. In the last informal EC document on the situation in chapters 23 and 24 for Montenegro, it is stated, as in previous years, that in the part related to war crimes, there are still no tangible results in criminal investigations on specific cases.

In the document, the closing of which is crucial for the further process of the country's European integration, the EC states that Montenegro continued to implement the war crimes prosecution strategy and that it had good judicial cooperation with neighboring countries and the International Mechanism for Criminal Courts.

The authorities realized that it was necessary to do much more

The report states that, "overall and taking into account the Strategy for ending the work of the International Criminal Tribunal for the former Yugoslavia", the process of achieving justice in connection with war crimes in Montenegro is only in its initial phase.

"Citizens of Montenegro who committed crimes during the conflict were almost never held accountable. However, the Montenegrin authorities have accepted the fact that much more needs to be done and, during the reporting period, have taken steps to ensure that Montenegro is able to achieve much more justice and fulfill its obligations," the document states.

It also says that the Prosecutor's Office of the Mechanism is determined to provide the necessary support and hopes that in the future it will be able to report that concrete results have been achieved in the process of achieving justice in connection with war crimes in Montenegro.

They glorify criminals, accepting the truth is the foundation of reconciliation

The Prosecutor's Office of the Mechanism reminds that they have regularly reported that the denial of crimes and non-acceptance of the facts established in the judgments of the International Court is widespread throughout the region.

"Convicted war criminals are often glorified as heroes. In several countries, as well as in Bosnia and Herzegovina itself, students in schools learn very different and mutually irreconcilable versions of the recent past. The Prosecutor's Office of the Mechanism expressed deep concern in this regard and called for urgent attention to be paid to these issues. "Accepting the truth about the recent past is the foundation of reconciliation and healing between communities in the former Yugoslavia," the document states.

The Prosecutor's Office called on all officials and public figures in the region to act responsibly and put the victims and suffering of civilians at the forefront of all activities.

"They should publicly condemn the denial of crimes and the glorification of war criminals, and not support them with public rhetoric, divisive actions and financial means. A break with the rhetoric of the past is long overdue and there is an urgent need for leadership that advocates for reconciliation and building peace".

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