Great number of in absentia trials, as well as re-trials, indictments lacking in clarity, unstandardized practice of holding in custody and inadequate support to witnesses and victims, remain to be the most important shortcomings of war crime trials conducted before Croatian courts, stands in the Monitoring Report of the War Crime Trials for 2006, presented today by the Centre for Peace, Non-violence and Human Rights, Croatian Helsinki Committee for Human Rights, Documenta and Civic Committee for Human Rights. (01-FEB-07)
Written by Goran Milakovic/HRH Zagreb
The report was compiled on the basis of one-year intensive monitoring of alltogether 18 (out of 23 in total) different war crime trials in Croatia, including pre-trial proceedings, investigation phases and the trial itself, as well as the analysis of the indictments. Publicity, impartiality and the legality of the processes were in the main focus of the monitoring activities carried out by the above mentioned NGO´s. In addition, special attention was devoted to the work of the State Attorney´s Office, before and during the trials.
Small improvements
In spite some improvements, especially concerning the growing number of indictments for crimes committed against non-croatian ethnic population, as well as for crimes under command responsibility, and enhanced cooperation with Serbia and Bosnia & Herzegovina, war crime trials in Croatia are still biased and inefficient, stands in the report. Out of 611 persons convicted for war crimes in Croatia during the period of 1991-2006, only 12 were members of Croatian army and police.
Too many trials in absentia
Findings of the report show that the war crime trials in absentia remain to be one of the key obstacles for the legality and impartiality of the proceedings. Out of 157 persons accused of war crimes in 18 trials monitored by the NGO´s during 2006, only 44% (or 38 accused) were present during the trial. NGO´s believe that in absentia trials deny the right of the accused to defend themselves. Moreover, these trials fail to fulfill their purpose, since those convicted in absentia are thus protected and can´t be extradited from the countries where they hide.
Glavas case: impunity or justice?
The best illustration of the capability of the Croatian institutions to handle delicate war crime cases is the Glavas case. Branimir Glavas, member of the Parliament, and, until recently distinguished member of the ruling party HDZ, has been accused in two separate inevstigations for war crimes committed in Osijek during 1991, when he was in command of the city defense. Having in mind the severity of the crime, State Attorney´s Office requested the Osijek County Court to hold Glavas in custody before the trial, but the Court denied it´s jurisdiction, in spite the fact that it approved custody for other accomplicess in the case. Meanwhile, Glavas and his attorneys made heavy pressure on Zagreb and Osijek Court´s through the media. When the Zagreb County Court, where the case was transferred, finally approved detention, Glavas started hunger strike until he was released for medical reasons. All court proceedings have been temporarily stopped for the same reason.
