The Number 142 COURIERNewsletter of the OSCE Office in March/April 2009

Travelling OSCE CiO and Secretariat annual meeting with Heads of Field Operations and Institutions - Part II

HoO visits returnees in Šibenik, , Karlovac, and

War Crimes Trial Monitoring in Šibenik, Karlovac and Vukovar

The OSCE Office in Zagreb from time to time donates legal literature to Croatian courts Words by the Head of Office: Travelling

n the past months I have been doing almost all of the cases that I monitored. co-operation, the provision of the courts a new tour of the country, the latest They were interrogated extensively by the with necessary material equipment, the Iof many I have undertaken in my four judge, the public prosecutor and the defence indispensable equilibrium in the trials years in . The objective this time lawyers. with regard to defendants´ nationality, the was very precise: it was about maintain- adequate preparation of the judges, lawyers, ing contacts with all the presidents of the With the exception of the Glavaš trial, in prosecutors etc. courts of justice, as well as the presiding which there have been repeated delays due judges of the war crime trials that were tak- to the bad health of the defendants, the Towards the future, it will be necessary ing place in the country. At the same time I defendants behaved in a regular and digni- to utilize with higher frequency the four wanted to see the way in which the Govern- fied manner. special courts that contribute the neces- ment is implementing the Housing Care sary additional objectivity, in order to avoid Programme, by visiting several returnee The audience behaved regularly as well, the social pressure when trials are held too families in different parts of Croatia. without any perceptible intention of pres- close to the places where the crimes were suring the protagonists of the trials in their committed. , Požega, , Šibenik, Vukovar and tasks. Karlovac were the places chosen. I also went With regard to the Housing Care chapter, to Osijek, Knin and to smaller localities of In other words, the courts basically func- most of the apartments visited are in perfect those areas. Being close to the end of my tion normally and correctly. It has probably condition of habitability. The scarce excep- appointment in Croatia, I took an oppor- not always been the case, but the continuing tions have been communicated to the ap- tunity to say goodbye to some of my best meetings with the Minister of Justice, with propriate Departments that have proceeded friends in the country such as the Mayors the President of the Supreme Court, with with the fast correction of the problems. of Knin and Vukovar, the Vukovar-Sir- the Chief State Prosecutor and with the In this sense, the major problem will be to mium County Prefect and the authorities executive officials of the Judicial Academy reach the sufficient number of apartments in . have kept on improving court practices required by the returnees by the end of which in the past suffered from social 2009 and, in order that it would be so, the The situations extracted from my trips are and political pressures that influenced the Government should undertake extensive the following: sentences. efforts in the next months.

The trials are conducted correctly, at least In my conversations with the presidents of formally. The presiding judges, as well as the courts and with the judges, I reiterated the prosecutors and the defence lawyers are the conclusions reached in the Plenary doing their job in a correct manner. Meetings of the Ministry of Justice: the necessary search for objectivity in the tri- Ambassador Jorge Fuentes The witnesses regularly participated in als, the protection of witnesses, regional Head of Office Calendar: OSCE: OSCE CiO and Secretariat annual meeting with Heads of Field Operations and Institutions - Part II 12-02-09 “Fun Fare “ at the Office’s HQ in Zagreb

oncerning the security dimen- Minister Bakoyannis during a two hour dis- sion, during the turn for replies, cussion with her. This get-together with the some Mediterranean Partners CiO was followed by another confidential 20-02-09 Meeting with Mrs. for Co-operation demanded the session with the Secretary General, Marc Dubravka Šimonović, MFAEI, COSCE involvment in the Gaza situation. Perrin de Brichambaut. Head of Department for The Minister’s analysis of OSCE’s second International Organizations and dimension focused on climate change and By then, it was time for the Ambassadors to Human Rights highlighted the threats ahead, such as attend the splendid cultural event and re- desertification, water scarcity, soil contami- ception hosted by the Minister. Both events 25-02-09 Ambassador Fuen- nation and environmental degradation. In took place at the spectacular Liechtenstein tes and Ambassador of Bul- this context, she also mentioned the energy Palace, the most beautiful baroque build- garia, Ivan Sirakov , field trip to crisis and the necessity to secure supplies. ing in Vienna. The Greek singer and UN Court and She concluded her remarks about the bas- Goodwill Ambassador, George Dalaras, Housing Care Recipients in Kar- ket reminding of the need to ensure that the gave a colourful concert at the Hercules lovac County ramifications of the current global financial Hall combining the Spanish sounds of crisis would not triggera spillover effect Argentinean Misa Criolla and the Greek 26-02-09 American Cham- onto security. She announced that Migra- sounds of bouzouki and accordion. A ber of Commerce in Croatia in- tion, which she confirmed to be a compre- distinguished reception, offered by Greece, vitation for HoO to attend a lun- hensive security issue, would continue to be followed in a pleasant atmosphere enriched cheon with speaker Ambassador analysed at the second part of the Economic by the sculptural decoration, the marbles Robert Bradtke “New Directions and Environmental Forum in Athens on and the impressive frescoes of the Palace. in the Obama administration” 18-20 May 2009. Finally, the Minister ex-

plained the concrete measures for continued The next day, 16 January, four separate 27-02-09 Farewell lunch activities by the Greek chairmanship in regional working groups took place. The given by HoO for Amb.of reference to the on-going important issues working group on South Eastern B&H Aleksandar Dragičević; at the third dimension: gender equality, that our HoO attended, was chaired by the attending Amb. of election observation by both, ODIHR and Director of the CPC, Ambassador Salber. Radivoj Cvetićanin;Amb. Daria the PA, the strengthening of the rule of Among many issues and following an Krstičević; Amb. of Albania ,Pël- law and its cross-dimensional character, vio- introduction by a designated Ambassador, lumb Qazimi, Amb. of Turkey , lence against women, hate crime, promotion the seven SEE HoMs discussed the chal- Umur Apaydın;, Amb. of Greece, of tolerance, combat against racism, xeno- lenges in their relationships with the host Ourania Arvaniti; Amb. of phobia and trafficking in human beings, the countries, the Sarajevo and Palic processes, FYRM Dančo Markovski. right to education, with special emphasis on and the continuation and re-prioritising of Roma and Sinti communities, freedom of OSCE involvement in the SEE area. This 02-03-09 Trip to Vukovar and religion or belief, and freedom of the media. last item was introduced by our HoO. A Osijek. Visit to Vukovar County clear consensus emerged on the need to Court and HC Recepients in The programme of the Greek Chairman- increase inter-Mission cooperation. Vukovar, Osijek and Beli Man- ship as presented by Minister Bakoyannis astir. HoO was accompnied by during her address received the support of Finally, that afternoon, the heads of field Ambassador of Greece, Ourania the OSCE Permanent Council and spurred operations and institutions, attended a Arvaniti. an extraordinary number of constructive panel discussion chaired by Ambassador reactions and interventions by the Ambas- Salber with the Directors of Management 12-03-09 Meeting with the sadors of the 56 Participating States, as well and Finance, Human Resources and Inter- Parliament Speaker, Luka Bebić as the Mediterranean and Asian OSCE nal Oversight, the Senior Legal Adviser, the regarding the upcoming OSCE Partners for Co-operation. Heads of Press and Public Information and PA Assembly to be held in Croa- the Programming and Evaluation Support tia in 2011. The 19 Heads of Field Operations were Unit. then given the opportunity to communicate Enrique Horcajada

and convey possible concerns directly to Head of the Executive Office Housing care programmes: Head of Office visits returnees in Šibenik, Knin, ....

Everyday issues and challenges that returnee families face were of inter- est of Mrs Fuentes, who accompanied the HoO on several occasions such as this in Knin, visiting the Sirko family.

n February and March, Ambassador three-member returnee family. Mr. and A day later, the Head of Office met with Jorge Fuentes, the Head of the OSCE Mrs. Đanković and their son left a flat in two minority returnee families in Knin. Office in Zagreb, accompanied by Šibenik in 1991. After spending 13 years in Four-member Vučenić family is enjoying his associates, visited the cities of Serbia, they returned in 2004, and applied their new flat in Knin and awaiting for pos- IŠibenik, Knin, Karlovac, Vukovar and for housing care. Finally, on 23 June 2005 sibility to buy it of the state. Osijek. This visits are part of the HoO’s they received a nice 60 square meters flat in nation wide inspection tour of former Oc- a brand new building situated in an attrac- http://www.maplandia.com/croatia/zadar- cupancy/Tennancy Rights (OTR) hold- tive location. Mr. Đanković is employed, knin/knin/ ers who have been provided with housing and this family is a very positive example of through the Goverment’s Housing Care return. In the Knin’s northern suburbs, a young Programmes, inside and outside the Areas four-member family received a state owned of Special State Concern. Apart from the Đanković family, another house which requires certain repairs. How- 11 additional returnee families received HC ever, they have already moved in since there On 10-11 February 2009, Ambassador in the same block. was no other place where they could live. Jorge Fuentes, Head of the OSCE Office Mr. Sirko himself has performed the neces- in Zagreb visited Šibenik-Knin County. In http://www.maplandia.com/croatia/sibe- sary works but heexhausted his funds and Šibenik, the administrative centre of the nik/sibenik/ also lacks certain building skils in order to county, Ambassador met with a young continue with the repairs.This couple with two little sons returned from Serbia and received housing care in May 2008.

Only a few days after the visit and Ambas- sador Fuentes’ intervention with the Knin authorities, the Sirko family were visited by a construction engineer.

We expect the building material to be de- livered soon, while the Knin Deputy Mayor promised that the works will be paid of from the town budget funds.

The Head of Office used the occasion to meet with the Knin Mayor, Josipa Rimac and her two deputies., Dragan Jerković and Tomislav Vrdoljak.

Momir Vukmirović National Programme Officer Karlovac, Vukovar and Osijek

esponding to Ambassador Fuen- accommodation there. After the peaceful re- he has applied for housing care outside the tes’s invitation extended to Am- integration of the Croatian Danube Region areas of special state concern, two months bassadors in Croatia to join him in 1998 they had to vacate the house since ago he was allocated a nice flat in a brand in his field visits to housing care the legal-owner expressed his intention to new building in Osijek. recipients,R the Ambassador of Bulgaria to return from exile. Once again the family was Croatia, HE Ivan Sirakov, joined the OSCE provided temporary accommodation, this Even though he is satisfied with the allocat- team in their visit to Karlovac County. time in Vukovar. After many years of living ed flat and its location, Mr. Sapanjas longs in someone else’s house, the family moved for the Danube and everyday fishing. http://www.maplandia.com/croatia/karlo- into their current accommodation in August vac/ 2007 where they are quite happy. Despite http://www.maplandia.com/croatia/osijek- the fact that the house is in bad condition baranja/ (humid, leaking roof, bad isolation…) the The delegation was accompanied by Marica family would like to buy it off. Ambassador Renata Cete Barbaric, the Head of Karlovac Regional Of- Fuentes promised not only that he would Programme Assistant fice of the Directorate for Areas of Special insist with the relevant authorities to speed State Concern, who showed them an apart- up the purchase process but he would also ment building with five new flats waiting to insist that the family is provided with all the accommodate former occupancy/tenancy necessary construction material required to right (OTR) holders. The building is located adjustthe house into habitable conditions. in Cerovac, on the outskirts of Karlovac. De- spite the fact the flats are new, no familie is http://www.maplandia.com/croatia/vuk- willing to move in. This building shows the ovar-srijem/vukovar/ other side of the HC Programmes coin… the flats are new… the keys are ready to be The following day, Ambasdor Fuentes and handed over… but the recipients are not the Housing care team members Renata willing to accept them. Cete and Momir Vukmirović, visited Mr. Sapanjas, an elderly gentleman in Osijek. On 2-3 March 2009, the OSCE Office Mr. Sapanjas is a former OTR holder who Head, accompanied by the Ambassador of prior to the recent war in Croatia had ten- Greece to Croatia, HE Ourania Arvaniti ancy right over a flat in Osijek, which he left visited Vukovar - Sirmium County. In Vu- in 1991 along with his spouse, and conse- kovar they met a six-member family, the quently, lost his tenancy rights. After spend- three generations of Milutin Okresa. Mr. ing a short period in Bosnia and Serbia, Mr. Okresa is a former holder of OTR over a flat and Mrs. Sapanjas settled in Erdut, a beau- in Osijek. When the war broke out in 1991 tiful town located on a hill with a beauti- the family moved to Dalj, a Slavonian town ful view on the Danube River. He and his, which was not under the administrative con- now late wife, invested a lot of money in the trol of the Croatian authorities during the house where they lived, hoping that one day war. They have been provided a temporary they would be able to buy it off. However, as Monitoring of war crime trials procedures: War Crimes Trial Monitoring in Šibenik, Karlovac...

n 10 January, Ambassa- On the other hand, he pointed out how the defendant was ultimately released after dor Jorge Fuentes and trial well his court was cooperating with other being detained for almost a year. monitors, Nenad Marić and courts in the region and that his judges Nebojša Paunović (both origi- would undergo regular training. On 25 February, Ambassador Fuentes and Onating from Dalmatia), visited the Šibenik trial monitors Jelena Borić and Nebojša County Court and met its President, Sani- Following the meeting, the Head of Office Paunović (both Croatian) visited the Kar- bor Vuletin and Judge Branko Ivić from the attended a part of the last hearing in a re- lovac County Court to attend a hearing in Criminal Department. opened war crime trial of a Serb defendant a war crimes trial and meet with the Court extradited from Italy in August 2008. In President Ivan Perković. Upon the Head of The Head of Office thanked Mr. Vuletin for 1993, this defendant had been convicted Office’s invitation the Bulgarian Ambassa- facilitating the OSCE staff in monitoring in absentia together with 21 others for war dor to the Republic of Croatia, Ivan Sirakov ongoing war crime trials and, as a part of an crimes against civilians in the Knin area and joined in the visit. Office project, handed over legal literature was sentenced to 15 years of imprisonment. for the Court’s library. The Court President In the repeated proceedings, after failing During his discussion with the Court Presi- brought to the Head of Office’s attention to prove that the defendant committed the dent, the Head of Office explained that that the Court did not dispose of video link alleged crimes, the State Attorney choose to the observation of OSCE trial monitors equipment or of a witness support service. trigger an amnesty for the accused and provided the basis for the Office’s discus- sion with Croatian authorities for reforms of the war crimes prosecution system. The Court President expressed the view that even though his court was not one of the four designated War Crimes Courts it was well equipped to try complex war crimes cases, because the judges were undergoing regular trainings.

In addition, the Head of Office attended the trial against a former Serb police officer indicted for abducting, detaining and killing of six Croatian civilians in the - area in October 1991. This case was trans- ferred to Karlovac from the Gospić County Court, because in Gospić all available judges had been previously involved in the case.

...and Vukovar

n 2 March, Ambassador Fuen- During the discussion, the Head of Office, impartiality concerns and problems related tes and three members of the thanked the judges for their good coopera- to insufficient staff and equipment. The trial monitoring unit, Đuro tion with the OSCE. He stressed that the Vukovar Court President pointed out the Ivković, Biljana Alavanja (both Office’s comprehensive monitoring activities frequent trainings of judges, the availability OCroatian) and Romana Schweiger (Aus- provided the basis for its impact on discus- of video-link equipment in the court, and trian) visited the Vukovar County Court to sions regarding the reform of Croatia’s sys- his courts’ pioneer role in establishing a meet and discuss with the Court President tem of war crimes prosecutions. The Head witness support service. He explained that Berislav Matanović and his deputy Nikola of Office asked the judges about their views contrary to some other courts, a separate Bešenski and provide them with legal on central issues of these discussions like in room for witnesses waiting to be called to literature for the Court’s library as part of absentia trials, inter-state cooperation, ad- testify was available and that staff of the an Office project. Upon the Head of Office’s equate defence and problems encountered witness support would be with the witness invitation the Ambassador of Greece (cur- in achieving witness testimony. The Head before, during and after the testimony. rently holing the OSCE Chairmanship) of Office also explored with the judges the Ourania Arvaniti joined the visit. challenges of conducting war crimes trials Judge Nikola Bešenski, who is currently before local courts including issues like trying most war crimes cases pending in Vukovar, presented statistical data dem- onstrating the impessive number of war crimes cases proceded in Vukovar. Amongst these a considerable number of defendants are tried in their absence. Both judges stressed that they maintained good rela- tions with courts in the region, in particular to Serbian Courts.

In addition, the Head of Office attended parts of a court session and heard the testimony of one witness in a war crimes case against a former Serb paramilitary. After Vukovar fell in November 1991, the defendant allegedly shot at a Croat civilian, while he was forced to lie face-down on the ground and caused injuries to his head.

Jelena Borić, Đuro Ivković, Nebojša Ambassador Fuentes, Ambassador of Greece, Paunović HE Ourania Arvaniti, the Mayoress of Vukovar, Legal Officers of the Rule of Law Unit Zdenka Buljan and Vukovar-Sirmium County Prefect, Božo Galić, Vukovar 1 March 2009. Gallery

The OSCE Office delegation led by the HoO and accompa- The OSCE Office delegation and Mrs Fuentes nied by Mrs Fuentes visited the 14 st. Krka Serb Orthodox after a lunch offered in Knin to the Mayoress of monastery and was kindly received by Father Dositej, 11 Knin, Josipa Rimac and her two deputies, Dragan February 2009. Jerković and Tomislav Vrdoljak, 11 February 2009.

Ambassadors Dančo Markovski of FYRM, Daria Krstičević from B&H, Radivoj Cvetićanin of Serbia, Jorge Fuentes, head of OSCE Office in Zagreb, Pellum Quazimi of Albania, Ourania Arvaniti of Greece and Umur Apaydin of Turkey at a farewell Ambassador Fuentes and Otto Reisinger, a lunch for the Ambassador of B&H, , Aleksandar Dragičević, Za- famous Croatian cartoonist and commentator, greb 27 February 2009. Zagreb 5 March 2009.

Ambassador Fuentes and Ambassador of Bulgaria, HE Ivan Sirakov, and The President of the Šibenik-Knin OSCE Office unit heads Enrique Horcajada and jan Repa visited the Serb County Court, Sanibor Vuletin Orthodox church of St Nicholas in karlovac where they were greeted by greets the HoO at the Šibenik Father Slaviša, 25 February 2009. County Court, 10 February 2009.

OSCE Office in Zagreb, Florjana Andraseca 14 Phone: +385 1 3096620 Fax: +385 1 3096297 E-mail: [email protected] www.osce.org/zagreb