Statement
by
H. E. Vladimir Drobnjak
Ambassador
Permanent Representative of the Republic of Croatia to the United Nations
Security Council
International Tribunal for the Prosecution of Persons
Responsible for Serious Violations of International Humanitarian Law
Committed in the Territory of the Former Yugoslavia since 1991
29 June 2004
Croatia highly commends the Report of the President of the Tribunal, as well as the Report of the Prosecutor. Both documents represent a solid, well researched base for further work towards the successful implementation of the Completion Strategy. The reports also take an accurate note of the major effort Croatia has invested in full and unconstrained cooperation with the ICTY. I use this opportunity to thank the ICTY President and Prosecutor alike for their words of praise concerning Croatia´s cooperation with the Tribunal.
Today, I am content to state that Croatia has fulfilled all its obligations to the Tribunal but one. Regarding the case of general Ante Gotovina, where the indicted person still remains at large, the Croatian government - as stated in paragraph 42 of the Prosecutor´s Report - "is currently doing everything it can to locate and arrest him". Croatia is especially pleased that the government´s efforts in this particular regard did not remain unnoticed by the Tribunal.
The fulfillment of the Completion Strategy within the 2004, 2008 and 2010 benchmarks, as outlined in the Security Council Resolutions 1503 and 1534, must remain the Security Council´s priority. Croatia stands ready to contribute to this goal as much as possible. The Tribunal´s work and its significance for long lasting post-conflict stability in South East Europe have to be regarded not only through ICTY judicial work, but also against the background of its timely closure. The past must not be forgotten, but it should not overshadow the future. In 2010, when the Tribunal is scheduled to complete all of its work, issues of European integration, regional cooperation, economic prosperity and lucrative investments ought to dominate entirely the headlines throughout the region.
The referral of cases to competent national jurisdictions for trial is one of the pillars of the Completion Strategy. Croatia is ready to take a number of cases from the Tribunal, and is preparing Croatian judges and prosecutors for this serious task. I would like to inform you that in May and June ICTY representatives, together with Croatian legal experts, took part in sessions of training programs for the Croatian judiciary. This important exercise was organized by the Croatian Ministry of Justice, in cooperation with the ICTY Registry. Another similar program will run until October of this year and will involve around 60 Croatian legal professionals. Recently, a conference between the ICTY Victims and Witnesses Section and health/welfare professionals from Croatia was organized with a view to discussing the physical, emotional and psychological needs of witnesses. The purpose of the conference was to discuss how the establishment of health and welfare networks throughout Croatia could assist in providing preparation and follow-up services to witnesses who testify at the Tribunal. Croatia has also adopted the Law Witness Protection Act.
The Croatian government remains grateful to the Tribunal and its experts for this valuable assistance that shall enhance the ability of Croatia´s judiciary to prosecute war-crime cases in a professional and non-biased manner. Croatia feels prepared to take over part of the Tribunal´s load already this autumn and will continue to hold a dialogue with the ICTY on this subject, as well as cooperate in the field of training and technical assistance.
The Croatian judiciary has independently initiated a number of proceedings against the perpetrators of war crimes in Croatia. These trials were, and still are, closely observed by the ICTY, in accordance with the Croatian legislation that entitles the Tribunal´s representatives to follow the proceedings and have access to court files. In addition to that, evidentiary material obtained by the ICTY can be used directly in domestic trials. Recent final verdicts in some of the most serious cases serve as confirmation of the professional standards achieved by the Croatian judiciary in this difficult and politically highly sensitive domain.
I would like to bring to mind Croatia´s position, already outlined in October of last year during the debate in the Security Council, on two important issues that appear to somehow have been overlooked: compensation to those acquitted by the Tribunal and the enforcement of sentences as close to the prisoner´s place of residence as possible.
Croatia believes that the jurisdiction of the Tribunal should be amended by installing an appropriate procedure which would enable it to award compensation to wrongly convicted, prosecuted or detained persons. As for enforcing sentences, I would like to recall that the basic international instruments in this field favor prisoners to be imprisoned reasonably near to their usual place of residence. The existing instruction, dating from 1993, envisaged the enforcement of ICTY sentences outside the territory of the former Yugoslavia. Nevertheless, we find it important to reiterate the request to the Secretary-General to review the instructions of his predecessor regarding these arrangements.
When it comes to the provisional release of the accused who are awaiting the beginning of their trials, Croatia advocates that this motion be applied whenever feasible. Croatia acknowledges with appreciation that the Tribunal has already been forthcoming in several cases on this particular issue. As affirmed in the case of General Ademi, the Croatian government will ensure that other provisionally released citizens of Croatia will reappear for trial in The Hague and not be a threat to victims or witnesses. In any case, Croatia will meet its obligations in relation to the provisional release of the accused.
The Tribunal´s historical role cannot be fulfilled only through sentencing those found guilty. For Croatia, the accurate historical and political record established through the Tribunal´s jurisprudence is no less important than the legal one and the punishment of perpetrators. Someone´s guilt or innocence can be established only in front of the Court; with this in mind, Croatia has transferred to the Hague all indicted persons within its reach. Those who are guilty must be punished regardless of their ethnic background. Nevertheless, Croatia has to question some of the qualifications in several indictments that are neither fully in line with the letter of our recent history, nor concurrent with the General Assembly resolution on the occupied territories of Croatia.
Justice will be served fully only if those who suffered the most find comfort and consolation in the recognition that everything they have gone through was not in vain. It has been appropriately stated on numerous occasions that the Tribunal performs the role of justice and of memory. Future generations, while reading the Tribunal´s records on the events that took place on territory of the Republic of Croatia, must be able to draw a clear line between the aggressor and the victim, they must be able to comprehend what happened in those critical days of the Homeland War which remains, in the history of my country, one of our finest hours.
In conclusion, let me state very clearly: as a candidate country for European Union membership, Croatia is absolutely aware how important cooperation with the ICTY is and shall continue to fulfill all related obligations to the best of its ability.
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