DOCSLIB.ORG

Ivan Čermak's Public Redacted Final Brief

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Ivan Čermak's Public Redacted Final Brief IT-06-90-T 37496 D37496 - D37140 13 September 2010 SMS THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA Case No. IT06-90T IN TRIAL CHAMBER I Before: Judge Alphons Orie, Presiding Judge Uldis Kinis Judge Elisabeth Gwaunza Registrar: Mr. John Hocking Date: 13 September 2010 PROSECUTOR v. ANTE GOTOVINA IVAN ČERMAK MLADEN MARKAČ PUBLIC IVAN ČERMAK’S PUBLIC REDACTED FINAL BRIEF The Office of the Prosecutor For the Accused Ivan Čermak Mr. Alan Tieger Mr. Steven Kay QC Ms. Gillian Higgins For the Accused Ante Gotovina For the Accused Mladen Markač Mr. Luka Mišetić Mr. Goran Mikuličić Mr. Gregory Kehoe Mr. Tomislav Kuzmanović Mr. Payam Akhavan 37495 THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA Case No. IT06-90T THE PROSECUTOR v. ANTE GOTOVINA IVAN ČERMAK MLADEN MARKAČ PUBLIC IVAN ČERMAK’S PUBLIC REDACTED FINAL BRIEF 1. Ivan Čermak hereby submits his Public Redacted Final Brief with Annexes. Ivan Čermak’s Final Brief was originally filed confidentially on 16 July 2010. Signed Steven Kay QC Lead Counsel for Ivan Čermak Word count: 24 Case No. IT-06-90-T 1 13 September 2010 37494 CONTENTS INTRODUCTION 1 PART I: LEGAL DIRECTIONS 2 I. THE PRESUMPTION OF INNOCENCE 2 II. PROOF OF GUILT 2 III. SEPARATE CONSIDERATION 3 IV. RIGHT OF SILENCE OF AN ACCUSED 4 V. EQUAL TREATMENT OF WITNESSES 4 VI. DELAY 4 PART II: THE LAW - MODES OF CRIMINAL LIABILITY 6 I. ARTICLE 7(1) JOINT CRIMINAL ENTERPRISE (JCE) 6 II. ARTICLE 7(3) SUPERIOR RESPONSIBILITY 6 A. Superior-Subordinate Relationship 7 1. EFFECTIVE CONTROL 7 2. INFLUENCE NOT ENOUGH 7 3. APPEARANCE OF CONTROL NOT ENOUGH 8 4. DE FACTO AND DE JURE AUTHORITY 9 5. EFFECTIVE CONTROL FOR NON-MILITARY AUTHORITIES 9 6. ISSUING ORDERS 11 7. POWER TO DISCIPLINE 12 8. OFFICIAL POSITION 13 9. BEHAVIOUR OF ALLEGED SUBORDINATES IN PRESENCE OF ACCUSED 13 10. IDENTITY OF PERPETRATORS 14 11. EFFECTIVE CONTROL BEYOND REASONABLE DOUBT AND IN DUBIO 14 PRO REO IT-06-90-T I 13 September 2010 37493 B. The Knowledge Requirement 15 1. NOT A STRICT LIABILITY CRIME 15 2. ACTUAL KNOWLEDGE 15 3. CONSTRUCTIVE KNOWLEDGE 16 4. KNOWLEDGE OF CRIMES OF NON-SUBORDINATES NOT SUFFICIENT 16 C. Necessary and Reasonable Measures 17 1. MATERIAL ABILITY 17 2. DUTY TO PREVENT OR PUNISH 17 3. REPORTING CRIMES TO AUTHORITIES MAY SUFFICE 18 III. OTHER MODES OF LIABILITY UNDER ARTICLE 7(1) 19 A. Aiding and Abetting 19 B. The Distinction Between Aiding and Abetting and Co-Perpetration 24 in a JCE C. Omission under Article 7(1) 25 IV. NO CRIMINAL LIABILITY AS A CONDUIT 26 PART III: APPOINTMENT, ROLE AND ESTABLISHMENT OF THE 29 KNIN GARRISON I. BACKGROUND 29 II. APPOINTMENT 30 III. DE FACTO ROLE OF CERMAK IN THE NORMALISATION OF LIFE 34 IV. THE ESTABLISHMENT OF THE KNIN GARRISON, MANPOWER AND 39 RESOURCES PART IV: JOINT CRIMINAL ENTERPRISE: FACTUAL ANALYSIS 43 I. INTRODUCTION 43 II. DID A JOINT CRIMINAL ENTERPRISE EXIST? 43 A. No Plurality of Persons Involving Cermak 44 IT-06-90-T II 13 September 2010 37492 B. No Common Criminal Purpose 53 C. No Mens Rea 56 III. NO PARTICIPATION BY CERMAK IN A JCE 57 A. Indictment Paragraphs 17(a), 19(a) and 19(b) 60 B. Indictment Paragraph 17(b) 61 1. CERMAK DID NOT HAVE ANY POSITION OR AUTHORITY TO 61 FORMULATE POLITICAL, GOVERNMENTAL OR MILITARY POLICY 2. BRIJUNI: NO INVOLVEMENT IN THE PLANNING, PREPARATION OR 61 EXECUTION OF OPERATION STORM 3. NO INVOLVEMENT IN DISCUSSIONS IN THE PRESIDENTIAL 62 TRANSCRIPTS 4. HOUSING LAWS 62 5. CERMAK TOOK POSITIVE ACTION TO ASSIST THE SERBS IN THE UN 62 CAMP AND PROTECT THEIR HUMAN RIGHTS (a) Cermak’s Attempts to Encourage People to Stay 63 (b) Cermak and the Departure of Serbs From the UN 67 Compound (c) Cermak and the Suspected War Criminals in the UN 69 Compound 6. CONTRARY TO PARAGRAPH 17(B) CERMAK TOOK ACTION IN HIS 75 ROLE AS GARRISON COMMANDER TO POSITIVELY ASSIST THE SERBS C. Indictment Paragraphs 17(c) and 19(c) 77 1. CONTRARY TO PARAGRAPH 19(C) OF THE INDICTMENT, CERMAK 85 ADMITTED THAT CRIMES WERE TAKING PLACE 2. CONTRARY TO PARAGRAPH 19(C) OF THE INDICTMENT, CERMAK 88 PASSED ON INFORMATION ABOUT CRIMES TO THE RELEVANT AUTHORITIES D. Indictment Paragraph 19(c): Incident in Grubori 95 1. PLAVNO VALLEY 25 AUGUST 1995 95 2. CERMAK’S KNOWLEDGE AND THE REPORTING OF THE GRUBORI 96 INCIDENT 25 AUGUST (a) Report to the Garrison and Cermak’s Attempts to get 96 IT-06-90-T III 13 September 2010 37491 Information (b) Attempts of the Kotar-Knin PU to Locate Grubori 98 26 AUGUST (c) Information in Possession of Cermak During the UNTV 100 Interview (d) Report to the Knin Police by UNCIVPOL 103 (e) Attempts by the Garrison to get Information on 26 August 103 (f) Visit to Grubori by Karolj Dondo 104 (g) Report to the Knin Police by Karolj Dondo on the Evening of 104 26 August 27 AUGUST (h) Information in Possession of Cermak During the HRT 106 Interview of 27 August 3. ALLEGED COVER-UP OF THE CRIMES BY “SPREADING FALSE 107 INFORMATION” (a) The False Information did not Originate From Cermak 107 (b) Cermak had no Reason not to Trust the Reports 108 4. EFFORTS TO ENSURE OR OBSTRUCT AN ON-SITE INVESTIGATION 109 (a) The Meetings Prior to the Visit to Grubori on 27 August 110 The Meeting at the Knin Garrison 111 The Meeting at the Knin Police Station 112 The Meeting at Cermak’s Office 114 (b) The Visit to Grubori Hamlet on 27 August 114 (c) The Lunch and/or Coffee Meeting at the Knin Garrison 116 Following the Visit to Grubori 5. KNOWLEDGE OF PROSECUTING AUTHORITIES AND OTHER 119 RESPONSIBLE AUTHORITIES OF CROATIA (a) Information Supplied to the Zadar-Knin PU 119 (b) Information Supplied to the Crime Police Section of Zadar- 120 Knin PU (c) Information Supplied to the Highest Levels of the Croatian 120 IT-06-90-T IV 13 September 2010 37490 Government 5. CONCLUSIONS 122 E. Indictment Paragraph 17(d) 123 F. Indictment Paragraphs 17(e) and 19(d) 123 1. NO FAILURE TO INVESTIGATE OR FOLLOW UP ON INVESTIGATIONS 124 2. NO FAILURE TO PREVENT, PUNISH OR DISCIPLINE SUBORDINATES 125 AND OTHERS IN THE CROATIAN AUTHORITIES OVER WHOM IVAN CERMAK ALLEGEDLY POSSESSED EFFECTIVE CONTROL 3. NO FAILURE TO ESTABLISH AND MAINTAIN LAW AND ORDER AMONG 126 HIS SUBORDINATES OR TO DISCIPLINE THEM G. Indictment Paragraphs 17(f), 19(c) and 19(e) 129 1. CERMAK DID NOT CONCEAL CRIMES BY RESTRICTING THE 129 MOVEMENT OF INTERNATIONALS (a) The Need for Restrictions on FOM was Agreed Between 130 Croatia and the UN in the Akashi-Sarinic Agreement (b) Between 4-15 August, the UN Restricted the Movement of 131 its Own Staff for Security Reasons (c) The Agreement was not Efficiently Implemented Because 131 Sarinic had no Authority to Make a Binding Agreement on Behalf of the Government (d) The Agreement was not Communicated to those 132 Responsible for its Implementation (e) Cermak Made Attempts to try to Ensure that the Spirit of the 133 Agreement was Implemented (f) Cermak Tried to Assist the Internationals with FOM but was 134 Only a Mere Conduit/Interlocutor (g) Others Possessed the Authority to Determine FOM and 139 ROM (h) Objective Security Concerns were a Permissible and 143 Reasonable Basis for Restricting Movement (i) Cermak was not Involved in the Ad-hoc Decisions of the 145 MUP and VP Which led to ROMs (j) Despite Protests about ROMs, UNCRO, ECMM and HRAT 148 Teams were Able to Patrol Areas Within the Former Sector IT-06-90-T V 13 September 2010 37489 South and Report on Events (k) Cermak had no Power to Decide upon the ROMs which 150 Took Place at the End of August/Beginning of September due to Special Police Operations 2. CERMAK WAS NOT RESPONSIBLE FOR SANITATION OF THE TERRAIN OR 152 FOR ACCESS TO THE KNIN GRAVEYARD: DE JURE AND DE FACTO (a) De Jure and De Facto Sanitation of the Terrain 152 (b) The Garrison and its De Facto Role 160 PART V: SUPERIOR RESPONSIBILITY - FACTUAL ANALYSIS 169 I. INTRODUCTION 169 A. No Superior-Subordinate Relationship: No Effective Control 169 1. NO DE JURE SUPERIOR POSITION 170 2. NO FORMAL OR INFORMAL HIERARCHY TO THE PERPETRATORS 170 3. NO REPORTING TO CERMAK 171 4. NATURE OF ROLE AND TASK 171 5. NO MILITARY EDUCATION, TRAINING OR EXPERIENCE 171 6. APPEARANCE OR BELIEF NOT ENOUGH 171 7. MERE INFLUENCE NOT ENOUGH 172 8. NO AUTHORITY TO ISSUE AND ENFORCE ORDERS 172 9. THE TYPES OF ORDERS ISSUED WERE HUMANITARIAN OR 172 ADMINISTRATIVE/LOGISTICAL 10. CERMAK’S ORDERS WERE NOT TO ALLEGED PERPETRATORS 173 11. MERE ISSUANCE OF ORDERS NOT ENOUGH 173 12. CHAOTIC SITUATION POST STORM 173 II. THE HV 174 A. The De Jure Authority of the Garrison Commander 174 1. CERMAK HAD NO DE JURE OPERATIONAL COMMAND OR CONTROL 174 IT-06-90-T VI 13 September 2010 37488 OVER THE HV UNITS 2. COORDINATION AND CO-OPERATION OF TASKS OF THE GARRISON 179 COMMANDER 3. TASKS OF GARRISONS 180 4. AUTHORITY OF THE GARRISON COMMANDER TO DISCIPLINE 182 B. Cermak’s Military Position and Rank 184 C. No De Facto Superior-Subordinate Relationship with Units of the 185 HV D. International Witnesses: Unreliable Factual Foundation in Respect 191 of Cermak’s Role, Responsibility and Authority E. Cermak was not Informed of Matters Concerning Either the 202 Mobilisation or Demobilisation of HV Troops or Units Listed in Paragraph 7 of the Indictment F.
Load more

Recommended publications
  • Case 1:10-Cv-05197 Document 1 Filed 08/17/10 Page 1 of 40
    Case 1:10-cv-05197 Document 1 Filed 08/17/10 Page 1 of 40 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION GENOCIDE VICTIMS ) OF KRAJINA, ) ) ) Plaintiffs, ) ) v. ) Case No.: 1:10-CV- _____ ) L-3 COMMUNICATIONS ) Corp. and ) MPRI, Inc., ) JURY DEMAND ) Class Action ) Defendants. ) ) COMPLAINT Plaintiffs Genocide Victims of Krajina, including Milena Jovic and Zivka Mijic, individually and on behalf of all others similarly situated, for their Complaint against Defendants L-3 Communications Corp. (“L-3”) and MPRI, Inc. (“MPRI”), allege the following: Nature of the Action 1. This is a class action brought by ethnic Serbs who resided in the Krajina region of Croatia up to August 1995 and who then became victims of the Croatian military assault known as Operation Storm—an aggressive, systematic military attack and bombardment on a demilitarized civilian population that had been placed under the protection of the United Nations. Operation Storm was designed to kill or forcibly expel the ethnic Serbian residents of the Krajina region -1- Case 1:10-cv-05197 Document 1 Filed 08/17/10 Page 2 of 40 from Croatian territory, just because they were a minority religio-ethnic group. Defendant MPRI, a private military contractor subsequently acquired by Defendant L-3 Communications Inc., trained and equipped the Croatian military for Operation Storm and designed the Operation Storm battle plan. Operation Storm became the largest land offensive in Europe since World War II and resulted in the murder and inhumane treatment of thousands of ethnic Serbs, the forced displacement of approximately 200,000 ethnic Serbs from their ancestral homes in Croatian territory, and the pillaging and destruction of hundreds of millions of dollars worth of Serbian-owned property.
    [Show full text]
  • All Victims Matter. Reconciliation of the Balkan Faiths and Peoples: an Assessment of Recent Progress
    Occasional Papers on Religion in Eastern Europe Volume 40 Issue 10 Article 2 12-2020 All Victims Matter. Reconciliation of the Balkan Faiths and Peoples: An Assessment of Recent Progress Vjekoslav Perica University of Rijeka, Croatia Follow this and additional works at: https://digitalcommons.georgefox.edu/ree Part of the Christianity Commons, and the Eastern European Studies Commons Recommended Citation Perica, Vjekoslav (2020) "All Victims Matter. Reconciliation of the Balkan Faiths and Peoples: An Assessment of Recent Progress," Occasional Papers on Religion in Eastern Europe: Vol. 40 : Iss. 10 , Article 2. Available at: https://digitalcommons.georgefox.edu/ree/vol40/iss10/2 This Article, Exploration, or Report is brought to you for free and open access by Digital Commons @ George Fox University. It has been accepted for inclusion in Occasional Papers on Religion in Eastern Europe by an authorized editor of Digital Commons @ George Fox University. For more information, please contact [email protected]. ALL VICTIMS MATTER RECONCILIATION OF BALKAN FAITHS AND PEOPLES: AN ASSESSMENT OF RECENT PROGRESS By Vjekoslav Perica Vjekoslav Perica is a Croatian-American historian, author of, among other things, Balkan Idols: Religion and Nationalism in Yugoslav States (Oxford University Press, 2002; Belgrade, 2006). His most recent publication is “Serbian Jerusalem: Inventing a Holy Land in Europe’s Periphery, 1982- 2019,” Chapter IX, in Nadim N. Rouhana and Nadera Shalhoub-Kevorkian, eds. When Politics Are Sacralized: Comparative Perspectives on Religious Claims and Nationalism (Cambridge University Press, 2020). Perica holds a Ph.D. in history from the University of Minnesota Twin Cities, USA. In the 1970s in former Yugoslavia he was a basketball player, and before the war, a jurist and journalist until coming to America in 1991.
    [Show full text]
  • Memorial of the Republic of Croatia
    INTERNATIONAL COURT OF JUSTICE CASE CONCERNING THE APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (CROATIA v. YUGOSLAVIA) MEMORIAL OF THE REPUBLIC OF CROATIA APPENDICES VOLUME 5 1 MARCH 2001 II III Contents Page Appendix 1 Chronology of Events, 1980-2000 1 Appendix 2 Video Tape Transcript 37 Appendix 3 Hate Speech: The Stimulation of Serbian Discontent and Eventual Incitement to Commit Genocide 45 Appendix 4 Testimonies of the Actors (Books and Memoirs) 73 4.1 Veljko Kadijević: “As I see the disintegration – An Army without a State” 4.2 Stipe Mesić: “How Yugoslavia was Brought Down” 4.3 Borisav Jović: “Last Days of the SFRY (Excerpts from a Diary)” Appendix 5a Serb Paramilitary Groups Active in Croatia (1991-95) 119 5b The “21st Volunteer Commando Task Force” of the “RSK Army” 129 Appendix 6 Prison Camps 141 Appendix 7 Damage to Cultural Monuments on Croatian Territory 163 Appendix 8 Personal Continuity, 1991-2001 363 IV APPENDIX 1 CHRONOLOGY OF EVENTS1 ABBREVIATIONS USED IN THE CHRONOLOGY BH Bosnia and Herzegovina CSCE Conference on Security and Co-operation in Europe CK SKJ Centralni komitet Saveza komunista Jugoslavije (Central Committee of the League of Communists of Yugoslavia) EC European Community EU European Union FRY Federal Republic of Yugoslavia HDZ Hrvatska demokratska zajednica (Croatian Democratic Union) HV Hrvatska vojska (Croatian Army) IMF International Monetary Fund JNA Jugoslavenska narodna armija (Yugoslav People’s Army) NAM Non-Aligned Movement NATO North Atlantic Treaty Organisation
    [Show full text]
  • Croatia Page 1 of 6
    Croatia Page 1 of 6 Croatia International Religious Freedom Report 2005 Released by the Bureau of Democracy, Human Rights, and Labor The Constitution provides for freedom of conscience and religion and free public profession of religious conviction, and the Government generally respects these rights in practice. There is no official state religion; however, the Roman Catholic Church enjoys a close relationship with the State not shared by other religious groups. The legal position of most major religious communities has improved due to agreements with the State, which grant benefits similar to those enjoyed by the Catholic Church. There was no change in the status of respect for religious freedom during the period covered by this report, and the coalition Government that took power in 2003 has continued to contribute to the generally free practice of religion. Religion and ethnicity are linked closely in society. Since independence in 1991, religious institutions of all faiths were victimized by the ethnic conflicts that led to the breakup of the former Socialist Federal Republic of Yugoslavia. There were sporadic reports of intimidation and vandalism, particularly in the war-affected areas, directed against Serbian Orthodox clergy and property, although there was a decrease in severity and frequency of such attacks. The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights. U.S. Embassy officials frequently met with representatives of religious and ethnic minority communities and with government officials. Section I. Religious Demography The country has a total area of 21,831 square miles, and its population is approximately 4,437,000.
    [Show full text]
  • Draža Mihailović“ the Ideological and Political Foundation
    Edition STUDIES AND MONOGRAPHS Publisher INSTITUTE OF CONTEMPORARY HISTORY For the Publisher Momčilo Pavlović Ph. D. Reviewed by Bojan B. Dimitrijević Ph. D. Nebojša Popović, Ph. D. Peter Radan, Dean and Professor of Law Macquarie Law School, Macquarie University, Sydney Australia Translated from Serbian by Nenad M. Peleš Graphical Design Mladen Acković Photo on the cover General Damjanović, Petar Laković and Momčilo Djujić April 13, 1946. ISBN 978-86-7403-155-1 The financing of this book participated by the Serbian Ministry of Education and Science Kosta Nikolić THE SERBIAN POLITICAL EMIGRATION IN WESTERN EUROPE 1945–1956 Belgrade 2011 str. 4 bela CONTENTS PREFACE..................................................................................................... 7 Chapter I MILITARY CAREER OF THE GENERAL MIODRAG DAMJANOVIĆ IN THE KINGDOM OF SERBIA AND THE KINGDOM OF SCS/YUGOSLAVIA...... 9 Chapter II IN THE SECOND WORLD WAR IN THE APRIL WAR OF 1941.......................................................................... 21 IN GERMAN CAPTIVITY................................................................................ 26 FROM GENERAL NEDIĆ TO GENERAL MIHAILOVIĆ..................................... 41 TO SLOVENIA OR SERBIA............................................................................ 53 THE MASSACRE IN SLOVENIA..................................................................... 65 Chapter III IN EMIGRATION...................................................................................... 71 AT THE COMMUNIST COURT......................................................................
    [Show full text]
  • Government of the Republic of Croatia
    GOVERNMENT OF THE REPUBLIC OF CROATIA SIXTH REPORT BY THE REPUBLIC OF CROATIA ON THE APPLICATION OF THE EUROPEAN CHARTER FOR REGIONAL OR MINORITY LANGUAGES ZAGREB, June 2019 SADRŽAJ 1. INTRODUCTION .............................................................................................................. 2 2. PART I ............................................................................................................................... 3 2.1. Legislation .................................................................................................................. 3 2.2. Action Plan for the Implementation of the Constitutional Act on the Rights of National Minorities for the Period 2011 – 2013 .................................................................... 4 2.3. Implementation of the Recommendations of the Committee of Ministers of the Council of Europe (RecChL(2015)2) ................................................................................... 20 2.4. 2011 Census in Croatia ............................................................................................ 21 3. PART II– Objectives and principles ................................................................................ 23 3.1. Article 7, paragraph (1) ............................................................................................ 23 3.2. Article 7, paragraph (3) ............................................................................................ 25 3.3. Article 7, paragraph (4) ...........................................................................................
    [Show full text]
  • ISSN 1450-5460 UDK 32 No. 2/2012 Year IV Vol. 6. Institute for Political Studies 1
    Zoran Stoiljković Filip Škiljan Ljubiša Despotović Miroslav Brkić Dragana Stanković Miroslava Filipović Višnja Stančić ISSN 1450-5460 UDK 32 No. 2/2012 Year IV Vol. 6. Institute for Political Studies 1 ISSN 1450-5460 U DK N o. 1-2/2010 II Vol. 2 Serbian Political Thought ISSN 1450-5460 UDK 32 No. 2/2012 Year IV Vol. 6 Serbian Political Thought is published two times a year Serbian Political Thought was founded in 1996 and publishing was renewed in 2010. Publisher Institute for Political Studies Svetozara Markovića 36, Belgrade, Telephone +381 11 33 49 204, +381 11 30 39 380 www.sptips.rs www.ipsbgd.edu.rs e-mail: [email protected] Director Živojin Đurić Editor in Chief Đorđe Stojanović Deputy Editor Dejana Vukčević Foreign Editorial Board Mamoru Sadakata, Dean/Professor, Graduate School of Law, Nagoya University, Nagoya Iver B. Neumann, Research Director, Norwegian Institute of International Affairs, Oslo Dumitru Batar, Dean/Professor, Faculty of Social Sciences and Humanities, University “Lucian Blaga” of Sibiu Anastasia Mitrofanova, Professor, Russian State University for the Humanities, Moscow; Research Director, Center for Euro-Atlantic Studies, Diplomatic Academy of the Russian Foreign Affairs Ministry, Moscow Goran Kovacic, Associated Professor, Faculty of Social Sciences, University of Ljubljana Domestic Editorial Board Milan Jovanović, Faculty of Political Sciences, University of Belgrade Dušan Pavlović, Faculty of Political Sciences, University of Belgrade Ljubiša Despotović, Institute for Political Studies, Belgrade Živojin Đurić, Institute for Political Studies, Belgrade Sanja Šuljagić, Institute for Political Studies, Belgrade Petar Matić, Institute for Political Studies, Belgrade Višnja Stančić, Institute for Political Studies, Belgrade Dušan Gujaničić, Institute for Political Studies, Belgrade Bojan Kiculović, Institute for Political Studies, Belgrade Secretary of the Journal Mladen Lišanin Translators Ana Matić Andrijana Stamenković Milica Bjelobaba Graphic Designer Miroslava Karajanković Printed by ESELOGE d.o.o.
    [Show full text]
  • Croatia Page 1 of 5
    Croatia Page 1 of 5 Croatia International Religious Freedom Report 2007 Released by the Bureau of Democracy, Human Rights, and Labor The Constitution provides for freedom of religion, and the Government generally respected these rights in practice. There was no change in the status of respect for religious freedom by the Government during the period covered by this report, and government policy continued to contribute to the generally free practice of religion. There were reports of sporadic vandalism, particularly in the war-affected areas, directed against Serbian Orthodox Church (SPC) property. The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights. Section I. Religious Demography The country has a total area of 21,831 square miles and a population of 4.5 million. The religious breakdown of the country is approximately 85 percent Roman Catholic, 6 percent Serbian Orthodox Christian, 1 percent Muslim, less than 1 percent Jewish, 4 percent other religions, and 2 percent atheist. The statistics regarding religious affiliation correlate closely with the country's ethnic makeup. The Serbian Orthodox, predominantly ethnic Serbs associated with the SPC, live primarily in cities and areas bordering on Bosnia and Herzegovina, Serbia, and Montenegro. Most members of other minority religious groups reside in urban areas. Most immigrants are Roman Catholic ethnic Croats from Bosnia. Protestants from a number of denominations and foreign clergy actively practice and proselytize, as do representatives of Asian religious groups. A variety of missionaries are present. Section II. Status of Religious Freedom Legal/Policy Framework The Constitution provides for freedom of religion and free public profession of religious conviction, and the Government generally respected these rights in practice.
    [Show full text]
  • Ovdje, Vi Ste Najgori Šljam.”10 to Se Dogodilo Nakon Posjeta Potpredsjednika Vlade Borisa Miloševića I Predsjednika SDSS-A Milo- Rada Pupovca Vukovaru
    SNV Bulletin #20 Historijski revizionizam, govor mržnje i nasilje prema Srbima u 2020. / SNV Bulletin #20 Impressum Bulletin #20: Historijski revizionizam, govor mržnje i nasilje prema Srbima u 2020. Izdavač / Srpsko narodno vijeće zA IZDAVAČA / Milorad Pupovac urednik / Saša Milošević Autor / Tihomir Ponoš istraživači / Tihomir Ponoš i Nikola Vukobratović prijevod / Riječ i savjet dizajn / Igor Stanišljević, Parabureau Tisak / IT Graf Tiraža / 800 ISSN / 1849-7314 ISBN / 978-9537442-56-9 CIP zapis je dostupan u računalnome katalogu Nacionalne i sveučilišne knjižnice u Zagrebu pod brojem 001094522. podrška / Ured za ljudska prava i prava nacionalnih manjina VRH Zagreb, mart 2021. SNV Bulletin #20 Historijski revizionizam, govor mržnje i nasilje prema Srbima u 2020. / Historijski revizionizam, govor mržnje i nasilje prema Srbima u 2020. / 3 Uvod Prve nedjelje u srpnju održani su parlamentarni izbori. Na tim izborima svoje je kandidate istaknula i Samostalna demokratska srpska stranka (SDSS). Pažnju javnosti privukla je kampanja koju je SDSS vodio pod sloganom “budi ono što jesi, poštuj ono što nisi”, konkretno tri spota izašla u sklopu te kampanje. U prvome ugostitelji pripremaju terasu restorana za vjenčanje, a konobarica na ulaz lijepi natpis na kojem piše da se mole gosti da ne pjevaju ustaške pjesme jer su među uzvanicima i Srbi. Drugi je privukao najviše pažnje javnosti i nazvan je “Pupi je kriv za sve”. Protagonist spota predsjednik je SDSS-a Milorad Pupovac, a u autoironičnom i duhovitom spotu njega se doista proglašava krivim za sve: od rata devedesetih godina pa do planiranja čipiranja stanovništva s Billom Gatesom i pripreme drugog vala korone u Hrvatskoj. Treći spot posvećen je izgradnji malena drvenog mosta na Baniji koji je olakšao život jednoj srpskoj obitelji, a snimljen je na mjestu gdje je most nekada postojao.
    [Show full text]
  • ACFC 2Nd State Report Croatia
    April 2004 ACFC/SR/II(2004)002 SECOND REPORT SUBMITTED BY CROATIA PURSUANT TO ARTICLE 25, PARAGRAPH 1 OF THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES (Received on 13 April 2004) ACFC/SR/II(2004)002 Table of contents: INTRODUCTION .............................................................................................................. 6 PART I.............................................................................................................................. 11 From the report of the Ministry of Justice ........................................................................ 11 From the report of the Office for National Minorities of the Government of the Republic of Croatia .......................................................................................................................... 20 From the report of the Commission on Relations with Religious Communities.............. 34 From the report of the Central State Administration Bureau............................................ 38 From the report of the Ministry of Foreign Affairs .......................................................... 38 From the report of the Ministry of Science, Education and Sports .................................. 38 Albanian national minority ............................................................................................... 43 PART II............................................................................................................................. 46 Answers to the Questionnaire of the Advisory
    [Show full text]
  • Croatia Page 1 of 19
    Country Report on Human Rights Practices in Croatia Page 1 of 19 Croatia Country Reports on Human Rights Practices - 2006 Released by the Bureau of Democracy, Human Rights, and Labor March 6, 2007 The Republic of Croatia is a constitutional parliamentary democracy with a population of 4.4 million. Legislative authority is vested in the unicameral Sabor (parliament). The president, Stjepan Mesic, serves as head of state and commander of the armed forces, cooperating in formulation and execution of foreign policy and directing operations of the intelligence service; he also nominates the prime minister, who leads the government. Presidential and local elections held in February and May 2005 were generally conducted in accordance with electoral legislation. Civilian authorities generally maintained effective control of the security forces. The government generally respected the human rights of its citizens; however, there were problems in some areas. The judicial system suffered from a severe backlog, although during the year it made headway in reducing the number of cases awaiting a hearing. Intimidation of some witnesses in domestic war crimes trials remained a problem, with one notably high-profile case involving parliamentarian Branimir Glavas. Courts largely discontinued the practice of in-absentia trials, although some trials continued against large groups for war crimes. The government made little progress in restituting property nationalized by the Yugoslav communist regime to non-Roman Catholic religious groups. The Orthodox Church was particularly critical of the government's reluctance to consistently implement laws and speed up return of confiscated property. The government did not fully implement programs providing housing to ethnic Serb refugees who lost access to socialized housing.
    [Show full text]
  • Croatia 2017 International Religious Freedom Report
    CROATIA 2017 INTERNATIONAL RELIGIOUS FREEDOM REPORT Executive Summary The constitution provides for freedom of religious thought and expression and prohibits incitement of religious hatred. All religious communities receive the same religious protections, and are free to worship, proselytize, own property, and import religious literature. The government has written agreements with the Roman Catholic Church that provide for state financial support and tax and other benefits; other registered religious communities with agreements with the state receive equivalent benefits. Registered religious communities without such agreements and unregistered religious groups receive fewer benefits. The ombudsman reported some health institutions denied operations to Jehovah’s Witnesses who refused blood transfusions for religious reasons. The ombudsman recommended the two ministries concerned act to ensure Jehovah’s Witnesses received adequate medical care. The government did not resolve outstanding property restitution cases with the Serbian Orthodox Church (SOC). Senior government officials attended an annual commemoration of victims of the World War II (WWII)-era Jasenovac death camp, which Jewish and Serb (largely Orthodox) leaders boycotted to protest placement near the camp of a private plaque bearing a salute of the fascist Ustasha organization and the lack of government action to remove the plaque. Government leaders later condemned the plaque and moved it elsewhere. The government formed a council to make recommendations on the use of totalitarian symbols and slogans used during and after WWII. Jewish community leaders continued to report concerns about Holocaust denial, distancing, and minimization and the use by some of Ustasha symbols and slogans. Some Jewish community leaders said there were incidents of significant historical revisionism and downplaying of the country’s role in the Holocaust, and expressed dissatisfaction with how the government responded to cases of anti-Semitism, such as the placement of the controversial plaque at Jasenovac.
    [Show full text]