Although it is commendable that the new Strategy for the investigation of war crimes until 2027, unlike the old one, is a serious document, expertly written and comprehensive, the European Commission (EC) is not interested in strategic documents per se, but in the results of their application in the form of concrete punishment of war crimes criminals, which has largely been absent until now.
The director of the Action for Human Rights (HRA) assessed this for "Vijesti". Tea Gorjanc Prelevic, commenting on the last report of the European Commission in the part of processing war crimes.
"We are particularly hoping for a re-examination of old cases such as Deportation, Bukovica, Kaluđerski laz, Morinj, for which there was no political will to adequately prosecute before, as could be heard from the Prosecutor's Office. In fact, there was an intense and organized will to avoid responsibility," said Gorjanc Prelevic.
In the EC report, it is recalled that in June 2024, the Supreme State Prosecutor's Office adopted a new War Crimes Investigation Strategy for the period 2024-2027. In order to ensure its effective application, according to the report, Montenegro should improve proactive research and prosecution of war criminals, in accordance with international humanitarian law.
The report states that Montenegro must continue to improve its performance in domestic war crimes proceedings, applying a proactive approach in order to effectively investigate, prosecute, try and punish war crimes in accordance with international law and standards, including full cooperation with the International Residual the Hague Criminal Court Mechanism, and ensuring access to justice and reparations for victims...
Gorjanc Prelevic said that the European Commission in its latest report, as in the previous 11 years, requires Montenegro to improve its approach to the investigation and prosecution of war crimes in accordance with international humanitarian law, so that it is more proactive and effective, and access to justice and reparations for victims.
She pointed out that this corresponds to the requirements of the final standard set in this area, with the fact that it particularly emphasizes the need to combat impunity "at a high level". That, as she said, means that indictments for command responsibility are expected.
"In the section on the prosecution of war crimes, the EC report is expected and realistic, except that it fails to mention the problem of resolving compensation for civilian victims of the war", assessed Gorjanc Prelevic.
She said that the problem concerns reparations for victims of war crimes, which is the final criterion for closing Chapter 23, and that is why the HRA thinks that it is an omission.
She pointed out that the problem of selective access to civilian victims of war was pointed out on two occasions by the European Parliament.
"Nevertheless, the development of a new version of the amendments to the Law on Veterans and Disability Protection is nearing completion, and we expect that this problem will be solved in a comprehensive, fair way, especially since the minister responsible for solving it is now, Damir Gutic, in December together with us from the NGO protested in front of the Assembly against the original discriminatory proposal", said Gorjanc Prelevic.
She pointed out that the European Commission also requires full cooperation with the International Residual Mechanism for Criminal Courts (Mechanism), stating that this cooperation is quite good.
Gorjanc Prelevic pointed out that a joint working team of the Mechanism and the Special State Prosecutor's Office (SDT) was formed and that they are actively working on cases in which the Mechanism provided evidence:
"The result of cooperation was an indictment Zoran Gašović, a police officer in Montenegro, for the crime of crime against humanity. Gašović is accused of participating in murders and enslavement as a member of the Bosnian Serb civil police, during the non-international armed conflict between the Army of the Republic of Srpska and the Army of the Republic of Bosnia and Herzegovina, from the beginning of May to the middle of December 1992, in Sarajevo, in Hadžići. forced resettlement, torture, persecution on religious and national grounds, illegal detention of people and other inhumane actions, which caused severe suffering and seriously endangered health".
She pointed out that other investigations based on evidence from The Hague are ongoing and that they are expected to give results in the next two years.
The report of the European Commission states that the SDT has made progress in proactively investigating and prosecuting war crimes.
"Cooperation with the Mechanism was intensified, which led to the transfer of materials from the Mechanism's office that indicate the participation of Montenegrin citizens in the war events in Bosnia and Herzegovina. Based on this material, in December 2023, the SDT, in cooperation with the competent authorities of Bosnia and Herzegovina, issued an investigation order against one person for crimes against humanity according to the Criminal Code. In June 2024, after the investigation, the SDT filed an indictment in this case," the EC report states.
Montenegro, says the document from Brussels, participates in the regional Group for Missing Persons and implements the framework plan signed in 2018:
"There is cooperation with neighboring countries through bilateral cooperation protocols. The Commission for Missing Persons of Montenegro compiled a list of missing persons that includes 51 active cases of Montenegrin citizens or persons whose families live in Montenegro".
Regional cooperation is important, but it is not mentioned
Gorjanc Prelevic said that regional cooperation is not mentioned in this report, although it is very important and sometimes controversial.
"Work is underway to revise the agreement with Croatia so that our state prosecutor's office can, for example, find out what is hindering the investigation in the case of Lore 3, why the Dubrovnik case is not handed over to Montenegro, and the like," said Gorjanc Prelevic.
According to the data of the Montenegrin Association of War Participants, since 1990, 14 members of the former Yugoslav People's Army, from the so-called Nikšić-Šavnica group, who were captured on the Herzegovina battlefield in 1992, were killed in the Lora Military and Investigation Prison.
At the end of 2011, the County State Prosecutor's Office in Split launched an investigation into the murder of a group of prisoners, members of the so-called of the Nikšić-Šavnica group in "Lora" prison, but that case has not yet received an epilogue in court.
More than a decade ago, the Montenegrin State Prosecutor's Office handed over extensive documentation related to that case to Croatia.
The Ministry of Justice previously announced that in the existing agreement with Croatia "there is an asymmetry in rights and obligations" and that the agreement refers "only to the obligation of the Montenegrin authorities, primarily the prosecutor's office, to act according to the requests of the Croatian investigative authorities."
SDT is currently investigating 12 cases
The EC report states that the Special State Prosecutor's Office (SST) is currently investigating 12 cases.
It is recalled that in June 2024, the SDT launched an investigation against the former chief special prosecutor (Milivoje Katnić) for alleged war crimes against civilians during the war in Croatia in the XNUMXs.
"During 2023, 10 requests for legal aid were received - five from Bosnia and Herzegovina, three from Serbia, one from Kosovo and one from Croatia. Answers have been submitted to eight requests, while the procedure is ongoing for two cases.
Six requests for international legal assistance were sent - two each for Serbia, Bosnia and Herzegovina and Croatia," the European Commission's report states.
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