This bulletin is made possible by the support of the of the American people through the United States Agency for International Development (USAID) under the “Civil Society Forward” program, implemented by the Institute for Sustainable CommunitiesFederal Department (ISC). The contents of Foreign of this Affairs bulletin FDFA are the responsibility of the Humanitarian Law Center and do not necessarily reflect the views of USAID, the United States Government or ISC. The Bulletin was published with the support of the Federal Department of Foreign Affairs of Switzerland. The views herein expressed are solely those of the author and do not necessarily reflect the official position of the Federal Department of Foreign Affairs of Switzerland. The newsletter through ACCESSION towards JUSTICE will address the theme of obstacles to and solutions for establishing the rule of No. 16 law and accountability for the crimes committed in our recent past. July 2017 individual and societal needs arising from that experience. On July 11 2017, the mortal remains of 71 identified victims were buried in the Srebrenica-Potočari Memorial center. The buried remains were those of Ševket Hasanović, Fadil Ćerimović, Rešid Hasanović, Bećir Husejinović, Abdulah Osmanović, Rasim Šabanović, Sabahudin Beganović, Đemila Mahmutović, Munib Salkić, Bajro Harbaš, Adem Harbaš, Mirzet Salihović, Alija Salihović, Sinan Mehmedović, Šemso Osmanović, Damir Suljić, Kadrija Kadrić, Sejfo Rizvanović, Hajrudin Mujić, Fikret Jašarević, Amir Gabeljić, Selim Mehmedović, Sinan Osmanović, Kemal Salihović, Ibro Huremović, Ibrahim Malić, Rajif Riđić, Đemal Nukić, Sulejman Mehmedović, Neđib Memić, Behaija Cvrk, Hamed Hodžić, Hidajet Muhić, Sadik Agić, Muhamed Husić, Ramiz Suljić, Senajid Efendić, Vahid Mustafić, Jakub Mandžić, Zule Fejzić, Aziz Sulejmanović, Omer Smailović, Sead Alić, Smail Alić, Sehid Jusić, Bego Mujić, Enver Jahić, Mesud Selimović, Zaim Imamović, Zejad Imamović, Ejub Krdžić, Šefik Ademović, Hazim Mehmedović, Hasan Mehmedović, Džemail Gabeljić, Husein Hafizović, Hakija Bečić, Senahid Ćerimović, Ramiz Muminović, Edo Skeledžić, Bajro Jusić, Osman Omerović, Sakib Mustafić, Šaban Malagić, Nedžib Turković, Abdulah Hasanović, Junuz Krdžić, Fehim Suljić, Omer Junuzović, and Đemal Ferhatović. The youngest victim at the time of murder was 15 years old, and the oldest 72. 1 Two articles published in this issue of the bulletin through ACCESSION towards JUSTICE were written by the participants at the 8th School of Transitional Justice, in memory of the 71 victims buried this year, as well as in memory of the 6504 victims buried so far, and those victims for whose mortal remains we are still looking, and in honour of the persistence of their families who have spent the last 22 years in grief and despair. The Bulletin also gives an overview of court procedures conducted before the courts in Serbia for crimes committed against Bosniak civilians during July 1995 in and around Srebrenica. Only three cases have been conducted to date, one of which ended in a guilty plea bargain; in the second, the indictment has recently been dismissed, and in the third case, the trial chamber, despite the evidence proving the opposite, avoided linking the crime which was subject to the indictment to the events happening at that time in and around Srebrenica. The Column titled “Current Events” presents the manner in which Serbia remembered victims of the Srebrenica genocide this year. Photo: Konstantin Novaković 2 [ current events ] Serbia on not commemorate in Organizing Committee Srebrenica any other way either that anyone who denies the anniversary of the that genocide was No representative of the genocide in Srebrenica. committed in Srebrenica Serbian state attended in July 1995 is an the commemoration of President of the undesirable presence at the 22 years since the Republic of Serbia the commemoration of genocide in Srebrenica, Aleksandar Vučić said in the Srebrenica genocide. that was held on July early July that he “still In the end, there was no 11 2017 in Potočari did not know” whether announced expression Memorial Center. he will attend the of reverence for the commemoration, but At the end of June, victims either, and the that he would certainly the Prime Minister- President of Serbia «express his reverence designate of the was on an official Republic of Serbia, for the victims» on visit to Turkey on the Ana Brnabić, said that day. However, it day of the genocide that the Government was already clear that commemoration. had yet to decide he would not attend who would attend the commemoration The victims of the the commemoration. this year, stating that Srebrenica genocide However, afterwards the organizers «have were also not among no representative their own conditions the topics of the of the government and requirements“. parliamentary debates spoke about it. The These conditions and in the National Government of the requirements relate Assembly of the Republic of Serbia did to the decision of the Republic of Serbia. 3 The Srebrenica commemorate and and Commissioner commemoration respect the victims for European was attended only of the Srebrenica Neighbourhood by representatives of genocide in Serbia Policy & Enlargement opposition parties, the were only organized Negotiations Johannes Liberal Democratic by non-governmental Party leader Čedomir organizations, among Hahn said that their Jovanović, and Nenad them the Women in hearts and minds were Čanak, the leader of Black, Humanitarian with the victims and the League of Social Law Center and Youth families of victims of the Democrats of Vojvodina. Initiative for Human genocide in Srebrenica. Two days before the Rights. commemoration, the They also reminded leader of the Movement To date, the Republic of everyone concerned of Free Citizens, Saša Serbia has not adopted that the values that were Janković, visited the the recommendation Potočari Memorial of the European violated during July Center. Immediately Parliament of 2009 of 1995 – respect for after honouring the to mark every July human dignity, freedom, victims of the genocide 11 as the Day of democracy and equality in Srebrenica, Janković Remembrance of the – are today the core of visited the Memorial Srebrenica genocide. European integration to fallen soldiers and civilian victims of the processes in B&H and all Defensive-Liberation EU on Srebrenica countries in the region, War and the Serbian and that this process In a joint statement, the victims of World War II is precisely aimed at EU High Representative in the village of Kravice. for Foreign Affairs helping the region on its Public events and Security Policy path to reconciliation, inviting citizens to Federica Mogherini justice and cooperation. 4 Punishing Persons Responsible for Genocide in [ ] Srebrenica before Courts in Serbia When it comes to the prosecution of groups of 10 to the meadow next to the crimes committed in Srebrenica before warehouse, where they were lined up domestic courts, there has been only and then murdered with shots that the one formally led and final completed army detachment members directed at proceeding (the Srebrenica – them from automatic rifles. According Branjevo Case). Until recently, another to the plea agreement, Gojković was proceeding, the Srebrenica – Kravice sentenced to 10 years in prison for this Case, was underway. Besides these crime. On January 26 2016, the Higher two cases, another case known as the Court in Belgrade delivered a judgment Škorpioni Case was conducted and which accepted the plea agreement. finalized before the courts in Serbia; however, the local judiciary does not This case is characteristic because link it to Srebrenica for political reasons. the Prosecutor’s Office of Bosnia and Herzegovina issued an international Srebrenica-Branjevo arrest warrant for Gojković in 2010, and Case requested his extradition from Serbia, considering that he is a citizen of Bosnia In this case, the accused, Brano and Herzegovina. Serbia however turned Gojković, concluded with the Office of a deaf ear to that request, and the OWCP the War Crimes Prosecutor (OWCP) a concluded the plea agreement with plea agreement. Gojković admitted that Gojković. Although Serbia did have legal he, as a member of the 10th Sabotage grounds to conduct this proceeding, the Detachment of the Army of the Republic transfer of this proceeding to the B&H of Srpska, together with other members of this detachment, committed the Prosecutor’s Office would have had a murder of hundreds of Bosnian Muslim positive impact on the strengthening civilians, who were captured after the of regional cooperation, and it would fall of Srebrenica. On July 16 1995, have helped build trust with the victims. the captured civilians were brought Also, the plea agreement foresaw a in buses from the Cultural Centre in significantly more lenient sentence for Pilica (Zvornik municipality, B&H) to the defendant than those that were Branjevo farm, where the defendant given to other accomplices who were Gojković, together with other members legally sentenced before the Court of of his detachment, led the civilians in B&H. 5 Srebrenica – Kravice the warehouse of an agricultural Case cooperative in the village of Kravice (Bratunac, B&H). During the period Nedeljko Milidragović and seven in question, Milidragović and the other defendants were charged with other defendants were members of the murder of at least 1,313 Bosnian the „Jahorina“ Training Centre of the Muslim civilians from Srebrenica Special Police Brigade of the Ministry on July 14 1995, inside, outside of Internal Affairs of the Republic of and in the immediate vicinity of Srpska. In the early morning of 14 July 1995, Nedeljko Milidragović ordered Golijanin, Batinica, Dečević, Miletić, Parović and Vasić, as well as other member of his unit, to kill about one hundred civilians who were held captive in the warehouse in Kravica. Following the order, they formed a firing squad, took the civilians out of the warehouse, and made them sing Chetnik songs, after which they and Milidragović killed them with machine guns. Milidragović, Batinica, Petrović and Golijanin using single shots, then killed those who were still alive.
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