OSCE: Bosnia and Herzegovina, and lya Kazak

* OSCE and ICTY say justice system of Bosnia and Herzegovina capable of efficiently processing war crimes cases

SARAJEVO, 1 November 2011 – Fletcher M. Burton, the Head of the OSCE Mission to Bosnia and Herzegovina and Serge Brammertz, Chief Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) have announced today in Sarajevo the successful completion of the Rule 11bis Monitoring Project.

The 11bis mechanism allowed the ICTY to transfer middle and lower level defendants back to the countries of the region.

“The mechanism has been a great success both in terms of assisting the ICTY Completion Strategy and demonstrating that the country’s Court and Prosecutor’s Office have the necessary independence, professionalism and capacity to handle complex war crimes proceedings,” said Burton.

In 2005–2010, the Mission on behalf of the ICTY’s Office of the Prosecutor (OTP) monitored six Rule 11bis cases involving ten defendants to ensure that international standards were being met. Burton said the cases tested the ability of the BiH’s justice system to try complex war crimes cases in a fair and efficient manner. “Following detailed monitoring of all proceedings, the Mission concluded that the justice system is capable of processing war crimes cases in line with international and national standards,” he added.

“The successful completion of the cases transferred by the Tribunal to the Special Department for War Crimes and BiH State Court is an important achievement. The unique co-operation with the OSCE Mission in the trial monitoring has contributed to developing a strong enduring partnership between the OTP and local prosecutors, and ultimately to strengthening the capacity of the BiH judiciary,” said Brammertz.

While no case suffered from deficiencies sufficient to warrant revocation of transfer, the 11bis monitoring projects identified obstacles to the protection of human rights and the efficient prosecution of war crimes. Among the concerns identified are lack of sufficient justification for custody measures in decisions on custody, and difficulties in providing and upholding in court witness protection, as well as the absence of appropriate psycho-social support to witnesses.

The report The Processing of ICTY Rule 11bis cases in BiH: Reflections on findings from five years of OSCE monitoring is available at: http://www.oscebih.org/documents/osce_bih_doc_2010122314321282eng.pdf

For PDF attachments or links to sources of further information, please visit: http://www.osce.org/bih/84632

* OSCE Chairperson welcomes release of Ilya Kazak

VILNIUS, 1 November 2011 – The OSCE Chairperson-in-Office, Lithuanian Foreign Minister Audronius Ažubalis, welcomed today the release of Ilya Kazak who was sentenced for 14 years of imprisonment in Transdniestria on alleged espionage charges.

“I am relieved to hear that Ilya Kazak was set free yesterday,” Ažubalis said. “The OSCE has closely monitored the situation and has worked actively through diplomatic channels to facilitate his release.” Ažubalis said he hoped the move would contribute to further positive momentum in the Transdniestrian settlement process.

For PDF attachments or links to sources of further information, please visit: http://www.osce.org/cio/84639