[child-rights] ASTRA, Children Rights Center, Humanitarian Law Center and OMCT call for an immediate implementation of the recommendations adopted by the Human Rights Committee on Serbia and Montenegro

Press release
Belgrade and Geneva, August 9th, 2004

ASTRA, Children Rights Center and the Humanitarian Law Center, together
with OMCT World Organisation Against Torture presented an alternative
report on State violence in Serbia and Montenegro, during the 81st session
of the Human Rights Committee in Geneva, during which, the official report
on Serbia and Montenegro was studied.

On 30 July 2004 after having considered the initial report of the state
union of Serbia and Montenegro on the application of the most
comprehensive instrument for the protection of human rights – the
International Covenant on Civil and Political Rights in Serbia and
Montenegro – the UN Human Rights Committee defined their concluding
observations which are annexed.

The Coalition appeals to Serbia and Montenegro government authorities to
implement in a consistent manner the Constitutional Charter and the
Charter on Human and Minority Rights, as well as the Criminal Procedure
Code and the Law on Protection of Rights and Freedoms of Ethnic
Minorities. In that sense it is necessary to enable the function of the
Court of Serbia and Montenegro, transfer the jurisdiction of military
courts to regular courts, abolish capital punishment from the
constitutions of the republics, and operationalize principled regulations
on minority rights. At the same time, the Coalition invites the
authorities of Serbia and Montenegro to promptly pass laws which directly
refer to the protection and realization of human rights: the Ombudsman Law
in Serbia, republic-oriented Police Laws, and Civil Control of Police Laws
in both republics, the Law against Discrimination, Law on Free Access to
Information of Public Importance.

The Committee expressed its concern regarding the practice of impunity of
perpetrators of human rights violations, either in cases that occurred
before the year 2000 or in cases that happened subsequently. In accordance
with this, the Coalition urges Serbia and Montenegro to identify and
adequately punish those accountable for human rights violations, in
conformity with the Committee's conclusions in the context of the Articles
6 and 7 of the Covenant. At the same time the Coalition proposes to the
courts to re-examine their former practice and to take new positions when
it comes to punishing those accountable for human rights violations, as
well as when dealing with victims' compensation for damage. On the other
hand, state prosecutors should of their own initiative initiate
proceedings as required by law. At the same time the prosecutions should
properly qualify incidents, especially when it comes to ethnically or
racially motivated violence, in order for court proceedings to fully
reflect the nature of human rights violations.

Considering that the cooperation with the International Criminal Tribunal
for the former Yugoslavia (ICTY) is one of the most significant
international obligations resulting from the United Nations membership,
the Coalition is calling upon the authorities of Serbia and Montenegro to
undertake a full cooperation with the Tribunal. Cooperation does not only
involve extradition of those accused but also free access to documents and
potential witnesses, so that both the Law on Cooperation with the ICTY and
the Statute of the Tribunal have to be respected. Keeping in mind the ICTY
Completion Strategy it is necessary to create conditions for the trials of
persons accused of war crimes to be continued before domestic courts. In
order for the trials to be conducted in accordance with the principles of
a fair trial, several problems have to be addressed. One of the basic
problems is witness protection and it can be overcome by adopting the Law
on the Protection Program for Participants in Criminal Proceedings and by
regulating the mechanisms for its implementation. Another problem is the
impossibility of using evidence in the possession of the ICTY before
domestic courts. In that sense it is necessary to either amend the
Criminal Procedure Code or pass a separate law, which would precisely
regulate this field. Finally, the problem of cooperation between the
states in the region, namely in providing international assistance
relating to criminal law, can be overcome by the conclusion of bilateral
agreements and a consequent implementation of international conventions.

According to the Committee's conclusions regarding mass graves in Serbia,
the Coalition calls upon the government authorities of the Republic of
Serbia to expedite investigations and issue indictments against all
perpetrators of these crimes.

The Coalition finally welcomes the fact that the Committee took into
consideration some children's rights issues in its concluding
observations, particularly concerning acts of ill-treatment by law
enforcement officials, trafficking in human beings and Roma
discrimination. Nevertheless, the Coalition regrets that the Committee did
not include in its concluding observations the specific and worrying issue
of children in conflict with the law. The Coalition calls the government
Serbia and Montenegro to take all necessary measures to ensure the respect
of children's rights, particularly those deprived of their liberty, in the
framework of an adequate juvenile justice system in accordance with the
Beijing Rules and the Riyadh Guidelines.

The Coalition welcomes the Human Rights Committee's Concluding observation
regarding trafficking in women and girls and urges the government of
Serbia and Montenegro to take all necessary measures to combat it. The
Coalition also notes with satisfaction the Committee's concern over the
lack of effective witness protection mechanisms and the apparent lack of
awareness about trafficking in women and children on the part of law
enforcement officials, prosecutors and judges. The coalition also welcomes
the fact that the Committee regrets the lack of adequate involvement by
the authorities in the initiatives (shelters and SOS hotlines) managed by
NGOs.

The Coalition urges Serbia and Montenegro to work out detailed action
plans for the implementation of the proposals of the Committee and to
actively work on their implementation.


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