RECOM Initiative !Voice - 5/2012

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Following a number o declarations o support or the Initiative or RECOM, the voices o the

Presidents o Serbia and Croatia, Boris adic and Ivo Josipovic, have gone silent on the subject.

Te meetings between the two presidents, who at one point met so requently that we almost

thought they had become best riends, have become less requent too. Obviously, the theme

o reconciliation is no longer a political priority or either o them. Trough his meetings

with adic, Josipovic positioned himsel against the then government led by the HDZ. adic

assessed that one should not overdo reconciliation, because balance should be established

with the so-called patriotic opposition.

In Serbia, elections have been scheduled or May, and it is quite obvious that major local

political actors wont make RECOM part o their pre-election rhetoric. As is always the case,

the elections will become a stage or competing demagogues and their social and patriotic

topics, while the voice o the victims will remain, alas, once again in the margins.

Bosnia and Herzegovina is still thwarted by its own internal problems, so it turns out that none

o the politicians in that state has enough time to deal with reconciliation, even i the topic is

in act crucial to the uture o the country. One gets the impression that it is actually in the

interest o some politicians rom Bosnia and Herzegovina that the acts about past wars are

never established, so that they can continue to govern indenitely, in the same manner that led

to the wars.

Macedonia, on the other hand, nds itsel in a maelstrom o nationalism that threatens to

escalate into something much worse than mere skirmishes. Te public, even i it really wanted

!Reconciliation

as aPoliticalTaboo

Dinko Gruhonji

EDITORIAL


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to, is now araid to broach the subject o dealing with the 2001 conict, because people believe

it would almost be like adding uel to the re. Kosovo is also too busy dealing with its own

internal issues and ghting battles on the domestic political scene, while in Slovenia the idea

o RECOM has yet to be promoted, because the prevailing public attitude is that Slovenia has

more or less nothing to do with dealing with the past.

Only in Podgorica, where the power o the DPS

remains rm, has the courage not only to support

RECOM, but also to oer itsel, in the shape o

President Filip Vujanovic, to be the advocate

o the idea in the entire region. Montenegros

President has sent a letter about RECOM to the Presidents o all o the countries in the region.

Te only question is whether anyone has read it and understood the message

Nationalist politicians dont like to see the acts established and dont like any such return to

the past Tey are in avor o the ollowing logic instead: Enough o the past, lets turn to the

uture. And i they have to talk about the recent past, they talk about it in terms o their own

truth. For, there are those among them who were, in one way or another, complicit in the

crimes. As or the pro-European political parties, their logic is this: Let those who started the

wars and committed the crimes deal with the past.

rying to convince the politicians in the region that RECOM is not only necessary, but also

one o the preconditions or a successul uture, will not be easy o course. Ater all, no one

expected it to be easy. But the idea o RECOM has been personied in the 550,000 signatures

o the citizens o this region, and in 150 consultative meetings with representatives o a wide

range o civil society organizations, that resulted in the adoption o the Drat Statute o the

uture Commission; and it is personied, urthermore, in the hundreds o organizations and

thousands o renowned individuals who support the Initiative or RECOM.

But i the countries o this region really want to become part o the civilized world, they will

have to comply with the standards that apply in that world. It is thereore necessary to appeal to

European politicians to become allies o RECOM and to reresh the memory o their Balkan

counterparts rom time to time. Te main work, however, is or us to do together with our

politicians. Te sooner, the better.

Dinko Gruhonji

Author is a journalist from Novi Sad, and member of the Regional eam of Advocates of the


Nationalist politicians dont like to see the

acts established and dont like any such

return to the past.


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European Parliament

photo: http://chic-project.eu

Te Resolution on Serbias progress, adopted by the European Parliament, prominent place was

given to the Initiative or RECOM and to the ailures and omissions o the witness protection

program

On March 29, 2012, the European Parliament

adopted a Resolution on Serbias progress (2011/2886

RSP) - a document previously prepared by the

Slovenian MP Jelko Kacin. In paragraph 20, the

European Parliament warns o serious ailures in

the operation o the witness protection program in

relation to war crimes trials, due to which, and ater

systematic intimidation, a number o witnesses voluntarily withdrew rom the program; [Te

Parliament] calls on [the Serbian] Ministry o the Interior and the Ofce o the Prosecutor

or War Crimes to be actively engaged in ensuring the saety and good status o all witnesses

involved in the protection program; [Te European Parliament] emphasizes that an eective

protection program is essential or the rule o law in any country, as well as or a demonstrationo the political will to eectively prosecute cases o war crimes, which have been transerred by

the ICY to national courts.

Te European Parliament urges the authorities in Belgrade to ensure legal rehabilitation

and nancial compensation or those who were convicted in the past on political, ethnic or

religious grounds, including those who were victims o collective guilt.

Paragraph 39 o the Resolution expresses support or the Initiative or RECOM (the Regional

!European

Parliament:boost orRECOMs rolein the Western

Balkans

IN THE NEWSInstitutional support to Initiative REKOM

The European Parliament expresses its

support or the Initiative or RECOM andits urther channeling o the process o

reconciliation in the entire region o the

Western Balkans.


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Commission or investigating and disclosing the truth about war crimes and other serious

human rights violations in the ormer Yugoslavia) and its continued initiation and channeling

o the process o reconciliation in the entire region o the Western Balkans.

Commissioner Tomas Hammarberg,

photo: European Council

Te positive eects o the RECOM process were already visible, said Tomas Hammarberg the

Human Rights Commissioner o the Council o Europe, at a press conerence

Te regional approach to the process o attaining justice and

establishing the acts in the ormer Yugoslavia is very important,

and the establishment o a Regional Commission or ruth and

Reconciliation could be an important means o achieving that goal,

said Tomas Hammarberg, the Human Rights Commissioner o

the Council o Europe, at a press conerence in Sarajevo on March

19, ollowing the publication o his report Post-Conict Justice and

Lasting Peace in the Former Yugoslavia.

Once again, Commissioner Hammarberg expressed his support or RECOM and pointed

out the importance o this initiative, which he said was based on values that must not be

neglected. He appealed to political elites in the region, emphasizing that a serious discussion

about RECOM must be launched as soon as possible. However, Hammarberg also expressed

some skepticism that politicians in the region would ever truly and ully accept the idea o

RECOM. Te Commissioner said that the positive eects o the RECOM process were already

visible such as the general public discussion about the events o war which, according to

Hammarberg, was one o the essential elements o postwar justice. Speaking about the benets

Once again, Commissioner

Hammarberg expressed his

support or RECOM and

pointed out the importance o

this initiative, which he said

was based on values that must

not be neglected.

!Councilo EuropeHuman RightsCommissioner

supportsestablishmento RECOM


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o RECOM, he stressed the importance o a common narrative in the region and o achieving

consensus on the key acts, and he welcomed RECOMs exclusive ocus on the process o

establishing the acts. He added that in his opinion, such consensus did not preclude respect or

and understanding o the dierent versions o the truth, which every ethnic group held, because

that too was one o the aspects o reconciliation. However, a common position on the key acts

o the events that took place during the wars in the 1990s must be established, he stressed. He

also noted that RECOM could acilitate the regions path toward European integration.

In addition to the question o RECOM, Hammarberg also emphasized the necessity o a history

curriculum based on objective acts, improvement o the witness protection system and the

system o legal regulation o war crimes prosecutions, as well as the realization o the rights

o war victims and their amilies to reparation. He also pointed out the ailure o the ICYs

Outreach Program to explain the judicial procedure to the public in the region, and its ailure

to justiy the courts rulings, something, which, he said, would have prevented local political

manipulation o the Courts verdicts.

Edina urkovi,Director of the association ransitional Justice, Responsibility and Memory in

Bosnia and Herzegovina

Te initiative aimed at establishing a regional truth commission (RECOM)

In 2008 a regional coalition o non-governmental organisations (Coalition) launched an initia-

tive aimed at establishing a regional truth commission (RECOM). Te Coalition consists o a

network o about 1 500 non-governmental organisations, associations, and individuals. Te

!Excerpt romthe report by theHuman RightsCommissionero the Council oEurope, ThomasHammarberg, intothe Initiative or

RECOM


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initiative was created by civil society representatives rom Serbia, Bosnia and Herzegovina and

Croatia with extensive experience in post-war justice.

On 26 March 2011 the Coalition adopted a drat statute or an international agreement which

the ormer Yugoslav states have been asked to ratiy in order to make it part o their national

legal systems. Te statute also provides that an ofcial, independent commission shall be es-tablished to proactively investigate all alleged

war crimes and human rights abuses committed

during the wars o the 1990s. At the end o its

three-year mandate, the commission would is-

sue a report containing the acts established and

recommendations in terms o reparations, non-

recurrence and urther steps to be taken. It would

also create an archive, open to the public.

Te Coalition has sought to collect one million

signatures rom citizens in the region in sup-

port o establishing the above commission. As o

mid-2011 the Coalition had collected about hal

a million signatures, which were handed over to

the President o Croatia, the Presidency o Bosnia

and Herzegovina and a State Secretary o the

Slovenian government.

As o February 2011 support or the Coalition had

been expressed by the Parliament o Montenegro,

the Presidents o Serbia and Croatia, theEuropean Commission, the Subcommittee or

Human Rights o the European Parliament

and the Serbian Parliamentary Committee or

European Integration. In April 2011 a number o political parties represented in the Parliament

o Serbia and the Prime Minister o Montenegro expressed their support or the establishment

o RECOM. In May 2011 the Slovenian President, Danilo rk, and the Parliament Speaker,

Pavel Gantar, also expressed their support or the initiative. However, reports have indicated

that there are other leading politicians in the region who oppose this initiative.

Report: Post-War Justice and Lasting Peace in the Former Yugoslavia, p. 35, available at:http://www.coe.int/t/commissioner/Source/prems/Prems14712_GBR_1700_PostwarJustice.pdf


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In an interview with the Croatian -Portal, Serge Brammertz emphasized the importance o

the Initiative or RECOM.

Croatian -Portal published an interview with the Chie Prosecutor o the ICY, Serge

Brammertz, beore his visit to Croatia.

We welcome every initiative in the region aimed at establishing the acts about the

crimes committed in the 1990s, whose mission is to promote reconciliation. Initiatives

such as RECOM are important, because as they are made by state level non-governmentalorganizations and members o civil society, they can complement the work both o the Hague

Court and local courts.

Te interview is available at: http://www.tportal.hr/vijesti/hrvatska/184500/Da-nije-bilo-

Haskog-suda-ne-bi-bilo-ni-pravde-za-zrtve.html

!ChieProsecutoro ICTY SergeBrammertzsupportsRECOM

Chief Prosecutor Serge Brammertz

photo: ICY


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DEBATE

A roundtable debate organized by the Human Rights Commissioner o the Council o Europe

centered on the question o whether the European institutions should support the Initiative or

RECOM

At a roundtable with human rights deenders, held in Sarajevo on March 18, 2012,

and organized by the Human Rights Commissioner o the Council o Europe, Tomas

Hammarberg, on the occasion o the presentation o the reportPost-War Justice and Lasting

Peace in the Former Yugoslavia, several participants expressed the view that international

institutions should not support the institutionalization o the Initiative or RECOM. Members

o the Coalition or RECOM strongly argued that only RECOM had the potential to establishthe actual truth about victims and war crimes.

A representative o an NGO rom the Republika Srpska, asked the Commissioner not to seek

the support o local authorities or RECOM because they were very concerned about the

reasons or putting orward such a request to the authorities o Bosnia and Herzegovina. In

her view, calls rom the Coalition or RECOM or the international community to urge the

authorities in the region to establish RECOM would be an act o aggression, something Serbia

and Montenegro had already carried out against Bosnia and Herzegovina, back in 1992. She

called on the Commissioner not to work to see RECOM established. Te same position was put

orward by another participant rom a non-governmental organization based in the Federation.A representative o a non-governmental organization rom Serbia agreed that the request to

create the Commission should not be submitted to any government in the region: the Initiative

or RECOM had already made a major contribution, by opening up public debate about the

!Challenges

to andSupportor theInitiative or

RECOM


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recent past, but urther investment in this initiative was likely to ail, she said. She warned that

the RECOM process had monopolized the process o reconciliation in the region, as donors set

aside money exclusively or that project, which she said was not good, because there were other

initiatives dealing with reconciliation and truth.

Several participants expressed the view that there was a great risk that RECOM wouldail even i it became established, and that this would be a new disaster or the victims.

Some participants said that the process o establishment would take a long time and that

many victims would not live to see the Commissions operation. Consequently, they said,

it was better to support other initiatives, which were simpler and had greater chances o

success. A participant rom Republika Srpska added that during the process o the creation

o a transitional justice strategy in Bosnia and Herzegovina (in which she had personally

participated as a member o the strategy working group), the victims clearly demanded that

the strategy omit the establishment o a truth commission as they do not trust that particular

the mechanism o justice. She then added that lack o condence by victims was clearly

demonstrated by the act that in Bosnia and Herzegovina, several truth commissions have

already ailed those or Bijeljina, Sarajevo and Srebrenica.

Other representatives rom Bosnia and Herzegovina voiced dierent views, however. A

representative o an organization that brings together young people in Bosnia and Herzegovina,

pointed out that her organization strongly supported the establishment o RECOM, and sees it

playing a part in the uture o their country.

A participant rom Croatia responded to the remarks

that victims do not support the establishment

o RECOM, and argued that there was ample

public support, and support rom victims, or the

establishment o RECOM. Lack o support rom

certain groups is not always an objective measure o whether the idea o RECOM is good or

not, he added. o corroborate that view he noted that in Croatia, it is associations o victims

that most oten protest against the rulings o the International Criminal ribunal or the

Former Yugoslavia, and which oten do not support the court itsel. He added that there was

no alternative to RECOM, in terms o a mechanism at a regional level that could oer ofcially

accepted acts which would then be used in the regions educational systems and which

politicians would use as a basis or the interpretation o past events. Responding to urtherarguments that the region already had recourse to the acts established in the courts and that

the problem was not the absence o acts but absence o their disclosure, a representative

rom Croatia said that it seemed rude to even say that the necessary acts have already been

established, when there were more than 14,000 people in the region still registered as missing.

A human rights deender rom Montenegro added that it was rather insulting to say that

victims do not understand RECOMs Drat Statute, and that it was groundless and arbitrary to

say that they do not support the establishment o RECOM. Positive attitudes to the political

stage o the RECOM process prevailed until the round table discussion closed.

A representative o an organization that

brings together young people in Bosnia

and Herzegovina, pointed out that her

organization strongly supported the

establishment o RECOM.


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A representative o a non-governmental organization rom Macedonia said that RECOM was

necessary or Macedonia, and that he saw no other way or Macedonia to deal with its past

and with the victims. Members o the Coalition or RECOM inormed the Commissioner that

a team o public advocates or RECOM has been established, and that recently a meeting was

held to map uture activities, which marked the beginning o a new phase o the campaign or

RECOM. Te Commissioner said he was pleased to hear that there was still work ongoing on

the establishment o RECOM and announced that he would use his orthcoming meetings

with representatives o regional governments to seek their support or RECOM. Indeed, the

Commissioner reiterated this decision at a press conerence held a day later in Sarajevo.

Jelena Gruji

WHAT OTHERS SAID

A new phenomenon in Macedonia urban violence committed on ethnic grounds has

overshadowed the question o dealing with the past.

A decade ater the armed conict o 2001, which although a consequence o regional

circumstances, broke out primarily because o the countrys internal weaknesses and the

inefciency o its institutional mechanisms or early warning and prevention, the Macedonian

government has once again responded lightly and casually to the incidents o ethnic violence

that have recently ared up. Te authorities were at rst passive, and then responded

inappropriately to the escalation o tension. Such institutional behavior and the consequences

arising rom it, are not in harmony with the concept o a supposedly successul completion o

!The battleor sustainable

peaceis yetto come

Oliver Stanoeski


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the peace-building process ollowing the signing o

the Framework (Ohrid) Agreement.

Unlike the events o the past, a new phenomenon

marks the recent incidents: urban violence

committed on ethnic grounds. Why urban? Simplybecause organized acts o violence have never

beore occurred in large Macedonian cities (Skopje,

etovo, Prilep), or on the buses, in parks, squares,

etc. Particularly worrisome is that the participants

in this spiral o violence are young people, who

openly express their rustrations in a way that is not

characteristic o any democratic society.

A retrospective look at recent incidents reveals the context and dynamics that led to the

current situation. Te nationalist chanting o Macedonian sports ans at the European

Handball Championship in Serbia was only the trigger. Macedonian ags were burned in

Kosovo and in Macedonia. At a sports match in Kosovo a banner with a slogan oensive to

the Macedonian state and nation was displayed. Te Vevcanski carnival ollowed, at which

a number o masks and perormances were interpreted as oensive to Muslims, which led

to mass protests in Struga. Immediately ater the carnival, both churches and mosques were

torched and desecrated. Te latest incident was in Gostivar, on February 28, in which an o-

duty police ofcer entered into argument

about parking places with a group o

people, and ater a physical ght, he killed

two attackers with his ofcial gun, in the

presence o his ten-year-old daughter,.

Tis tragic act immediately acquired an ethnic dimension: the killer was a Macedonian, and

the two men killed, ethnic Albanians. Tis was ollowed by street protests, under the slogan

Macedonian Police Kill Albanians Because o Teir Ethnic Origin. When the spiral o violence

reached the cities, urban violence had reached the point when even underage girls and older

men had become victims.

Te initial reaction rom state institutions was initially ineectual but when it became clear

that the situation was on the brink o a much broader escalation, necessary measures weretaken to prevent urther tension. Police were deployed at critical locations (on buses, in

schools, parks, etc.), and a ban on mass gatherings was imposed (especially in connection with

sports matches). Measures to identiy and arrest the participants in such incidents were also

introduced. All political parties have condemned the violence. However, there have been some

who have tried to prot politically, although others have responded with an appeal to rerain

rom using these events or political ends. Te situation eventually calmed down, but tensions

are still in the air.

Additionally disturbing is that an

atmosphere unavorable to the RECOM

Initiative has been created in Macedonia.

Photo: http://www.topix.com


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What is additionally disturbing is that an atmosphere unavorable to the RECOM Initiative

has been created. Questions o dialogue and tolerance, especially among young people, have

entirely overshadowed those o dealing with the past. It seems that the coexistence is unstable,

and that the apparent peace may again be broken.

Despite everything, the civic initiative March in the Name o Peace is an encouraging sign. Itis aimed at bringing together a mass gathering o people rom all ethnic groups, and is designed

to send a message to all parties that the majority o citizens are against violence and want to live

in peace and understanding. Tis is a good sign or Macedonia.

Oliver Stanoeski

Te author is a lecturer at the Institute for Security, Defense and Peace, at the Faculty of

Philosophy, Skopje, Macedonia

Croatian institutions lack transparency in providing the public with inormation related to

transitional justice. Tis was the conclusion o research into the state o transitional justice in

Croatia

Croatian institutions are insufciently transparent in providing the public with inormation

related to transitional justice. Tis was the conclusion o research into the state o transitional

justice in Croatia.

Research into, and evaluation o, the work o Croatian institutions has shown that the Croatian

State Attorneys Ofce (DORH) is an institution which proessionally communicates with the

public and provides a relatively high quality o service. Te State Attorney responded in less

!Croatia:Inormation

rom institutions

is unclear orunavailable

Photo: http://www.biznis.ba


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than 48 hours to a complex statistical inquiry. Te response was however incomplete because

the State Attorneys Ofce does not keep specic statistics. DORH is one o the ew institutions

which has a database on its website. Te database, unortunately, is not a very useul tool or

the study o progress in the process o war crimes prosecution. Te inormation contained in

DORHs internet database is not suitable or a comparative analysis over a longer period o

time, nor does it contain all the data on all elements o the process and these are the criteria

against which the actual progress o the judicial system in Croatia in assessed.

Te Witness Protection Department does not provide access to data on the capacities o the

Department, because that inormation is classied as condential, and publication would constitute

a violation o the Law on Witness Protection. However, the head o the Department presented

all o the data at a meeting o the Council o Europes Sub-Committee or the Fight against

errorism, where he spoke on the capacities o the Croatian Witness Protection Department. In its

communications with the public, the Department was rather unwilling and slow.

Te Ministry o Justice (MP) does not have high

standards in its communication with the public. Te

Ministry says it does not have any statistics concerning

war crimes trials, although it is clear that as an institution

responsible or coordinating the judicial system, it must

have this kind o inormation. For the purpose o gathering the statistics on war crimes trials or

a given period across the country, the MP advises researchers to address each individual county

court. In addition, the experience o researchers indicates that the Ministry has oten provided

incomplete and inconsistent inormation. It is impossible to obtain any kind o inormation

concerning victims where nal judgments have been handed down, although this data that

is o crucial importance and the very essence o transitional justice. On the other hand, the

Prosecution publishes this inormation in its reports.

Te principles o protection o personal inormation and public trial are not sufciently

harmonized between Croatian legislation and institutional practice. Te Prison system

administration, or example, reuses requests about the names o war crimes indictees,

even when they have had a public trial. Te war crimes courts in Croatia are insufciently

transparent. Answers like We orgot to answer the submitted inquiry, Te inquiry was

misplaced, Te ofcer working on the case in on vacation, and other similar inappropriateand unproessional responses, are very requent in communication with the courts.

Te Supreme Court has a publicly available database on its website, which is more complicated,

less clear and requires more inormation or any kind o search than the database o the

International Criminal ribunal or the Former Yugoslavia (ICY).

Te Bureau or Detained and Missing Persons should have its statistics on the number o exhumed

and identied persons ordered by the ethnicity o the deceased. Tis is not currently the case.

The Prison system administration in

Croatia reuses requests to reveal

names o war crimes indictees, even

when they have had a public trial.


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Although there has been signicant improvement in transparency and accessibility o public

inormation, perhaps because o the pressures o EU accession, the inormation on the

processes concerning transitional justice is virtually impossible to obtain without extensive,

proessional research and lengthy communication with institutions.

Sven Mileki and Mario Mai,Youth Initiative for Human Rights Croatia

Te Law on the Rights o Former Political Prisoners and Exiles in Kosovo aces huge challenges

Former political prisoners and convicts constitute a special category o victims in Kosovo. Tis

category does not apply just to the period o armed conict in Kosovo, but also to prisoners

jailed or no reason or just cause in the ormer Yugoslavia. Tis includes the participants in the

1968 and 1981 demonstrations. According to data collected bySabila Kemezi Basha, authoroAlbanian Political Prisoners in Kosovo 1945-1990 ( burgosurit Politik Shqiptar n Kosov

1945-1990 ), in the period covered by the books analysis, as many as 8,220 Kosovo Albanians

were sentenced to long prison sentences. In 1981 alone, 3,348 Kosovo Albanians were

imprisoned, charged with organizing and participating in the demonstrations. Further, based

on the data rom the same book, 1,346 Kosovo Albanians who served in the JNA, were arrested

and imprisoned or alleged political activities.

In 1997, 1998 and 1999, many Albanians were arrested and, ater the ofcial end o the conict

!Politicalprisoners inKosovo: Hugecommitmentstaken on orinjustices

Te Parliament of Kosovo

photo: Government of Kosovo


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in Kosovo (June 10, 1999), were transerred to prisons in Serbia. O the 2,150 ethnic Albanians

who were recorded as such prisoners, at least 400 were held in detention without legal grounds.

Te testimonies o ormer detainees revealed that some o them had not been questioned, nor

had any kind o indictment been issued against them. O this number, at least 35 were minors,

and were kept in custody alongside adult inmates.

o date, only nine ormer political prisoners have

been compensated or their unlawul detention. Te

Humanitarian Law Center, on behal o dozens o

political prisoners rom the period o 1998-1999, sued

the Republic o Serbia, seeking reparations or illegal

detention. Te vast majority o charges were rejected

on the basis o the statute o limitation.

For all these reasons, the Association o ormer political prisoners in Kosovo has been

advocating or many years or a legislationto be passed which would allow political prisoners to

receive compensation.

On October 28, 2010, the Parliament o Kosovo adopted the Law on the Rights o Former

Political Prisoners and Exiles. Te law came into eect on December 25, 2010 ollowing its

publication in the Ofcial Gazette o the Republic o Kosovo.

According to Section 3, the ollowing categories are covered by this Law: ormer political

convicts, ormer political prisoners, and ormer political exiles. Te law stipulates the right to

compensation, the right to pension and disability insurance, and other related benets, such as

employment benets, obtaining scholarships and so on.

Te Law provides or the establishment o a Government Commission on the rights o ormer

political prisoners and exiles. Te Commission was established in February 2012. Former

political prisoners and detainees have high expectations rom this law, especially with regard

to the right to compensation. Article 7, paragraph 3 o the law, stipulates that compensation

or each day spent in prison be paid to unlaully convicted persons. Te application o these

provisions will be very complicated because o the period covered by the Law, which begins on

March 1, 1913. Te rst obstacle is that the Commission is unlikely to be able to register and

keep records o all persons who were imprisoned since 1913, and it will be even more difcultto prove that these people reallywere political prisoners. Obtaining the unds or nancial

compensation will pose another signicant problem, given the number o political prisoners

and detainees in the period covered by this Law.

Bekim Blakaj,Executive Director of the Humanitarian Law Center, Kosovo, and political

prisoner 1999-2000

According to data collected by

Sabila Kemezi Basha, between 1945

and 1990 as many as 8,220 Kosovo

Albanians were sentenced to long

prison sentences.


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Monument to Victims and Deenders o the Homeland in Belgradecaused numerous

controversies in Serbia

On March 24 in Savski Square in Belgrade, a monument dedicated, as the marble plaque indi-

cates, to the victims o the war and homeland deenders 1990-1999, was ofcially unveiled. Te

city authorities meant the monument to mark the thirteenth anniversary o the NAO inter-

vention in the Federal Republic o Yugoslavia. During the ceremony, however, victims amilies

prevented Belgrade Mayor, Dragan Djilas and representatives o the Army and the Serbian

Ministry o the Interior rom laying wreaths and unveiling the plaque, an incident that most

local electronic media and broadcast media did not report. In the painul event on the square,

which is in act an unnished memorial park near the Belgrade railway station, dozens o

members o the public, amily members o victims and reugees rom associations o reugees,

shouted in protest at Mayor Djilas, asking about where the names o the victims were and why

the monument was being unveiled in the midst o the election campaign. Te media reported

that some people responded indignantly to the protest, emphasizing that the public had waited

or this kind o monument or twenty years. Te delegations laid wreaths at the monument at

the spot designated or a ountain, and Djilas told the reporters that this was a monument toall civilian victims o the wars and all those who died deending their homeland o Serbia. Tis

was also the rst mention o Serbia in the context o this monument, as previously the terms

SFR Yugoslavia and Yugoslavia had been used.

Te City o Belgrade has invested 60 million dinars in the building o the monument. According

to the Mayor, the Government o Serbia decided to construct a monument with the names

o all victims. Te city authorities began building the monument in 2007 and the ormer chie

architect o Belgrade Djordje Bobic selected the conceptual solution or Savski Square. Tis

!Traumainstead ocatharsis

Monument to Victims and Defenders

Photo: B. oni


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was part o a promise that the city authorities made to the Association o War Invalids and

Serbia, the Association o Veterans o Wars 1990-1999, and the Families o the Victims and

Injured during the Aggression (NOPNU), which had submitted an initiative calling or such a

monument in 2002.

In early March the City Council Vice President, Zoran Alimpic, a member o the ruling Democratic

Party, sparked strong reactions when, in an interview with the Radio Free Europe he was asked

whether the monument would be dedicated to those who had destroyed Vukovar, Dubrovnik, and

who bombed Sarajevo. Alimpic said: It is a monument to deenders, people who were invited to

deend their country, who went and gave their lives or it. Tey deserve a monument. O course,

there were casualties in the war. All monuments in the world dedicated to soldiers are in some way

the monuments to those who killed, who shot. Well, that goes without saying. Everyone who goes

there to light a candle or lay a wreath will understand it in their own way.

Attempts to get the views o the Socialist Party o Serbiaand the Serbian Progressive Party were unsuccessul,

despite assurances rom party headquarters that their

representatives would give statements to the !Voice.

Associations o victims, in turn, have their own perspective.

Natasa Scepanovic rom the Association o Kosmet Victims believes that the monument

should be dedicated to Serbian victims and be placed in the Serbian capital, because during the

wars, Kosovo was an integral part o Serbia. Honestly, I have no objection to the monument

being dedicated to others as well, but I think that monuments and memorial centers dedicated

to those killed in the ormer Yugoslavia, in Croatia and Bosnia and Herzegovina, have already

been erected, Natasha Scepanovic told !Voice.

Milica omic, an artist rom the Monument Group, which arose rom an idea to mark the

suering, and name the victims and perpetrators o crimes, reminds the public that the idea

and the competition or the monument rst appeared in 2002, when we all believed that the

events o October 2000 signalled a progressive change. Instead o its becoming part o the

public discourse, the idea was removed rom the agenda and oered instead to war veterans,

invalids and associations o victims amilies, who, although they were unairly grouped

together, belong to the majority o Serbia. A monument was oered to them which was meant

to compensate or their loss and to include them in a project which was doomed rom the very

beginning, Milica omic told !Voice.

Among the rst who publicly opposed the ofcial stance was the Youth Initiative or Human

Rights (YIHR). Director o YIHR Maja Micic told !Voice that it was highly suspicious that the

victims were grouped together and celebrated not just alongside the soldiers who died on the

battleelds but also with those who had started the conicts. Once again the victims will be

degraded because someone is scoring political points. Tis act clearly shows the relationship o

the Serbian authorities to the wars o the 1990s, says Maja Micic.

Maja Micic: It is highly suspiciousthat the victims are grouped and

celebrated alongside those who had

started the conicts.


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Te Women in Black led an inormal coalition o NGOs, which one day beore the scheduled

unveiling o the monument, staged a peaceul protest in ront o City Hall. Te monument,

according to this peace group, deeply oends the victims and citizens o Serbia who

consistently opposed the war rom the very beginning o the conicts and the realization o

Serbias criminal project.

Te ormer regime produced the wars and death in our name and with our money, and

now, just like then, we say we reuse it they cannot erect monuments to the deenders o

the homeland with our money. Who are the victims or whom this monument is created:

those who destroyed the city o Vukovar, those who shelled Sarajevo, those who killed in

Srebrenica...? Is the monument dedicated to the young men who deserted, hal a million o

them rom Serbia, to whom we bow and call or a monument be dedicated to them! said Stasa

Zajovic, coordinator o the Women in Black.

On the rst business day ater the ailed unveiling, the memorial park began to serve itsintended purpose: citizens waiting or buses were sitting on benches, pensioners read

newspapers, the wreaths were removed rom the place intended or the ountain, and a rare

passer-by walked on loose concrete slabs, approached the marble to decipher the small letters

o the printed dedication. Tere were no traces o the recent ceremony.

Bojan oni

WHAT OTHERS SAID

Te European Union organised a study tour rom 28 February to 2 March 2012, entitled Te

Contribution o Civil Society to Justice and Reconciliation in the Western Balkans, or civil

!European Union,Transitional Justice

and Civil Societyin the WesternBalkans: Shits

in Policy andDebate

Restorative justice mechanisms

are now being taken as seriously as

trials.


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19society organisations (CSOs) rom the region dealing with issues related to transitional justice.

Te tour was organised by the People 2 People Programme, whose aim is to allow CSOs to

expand their knowledge about the EU and the accession process through visits to European

institutions, meetings with European civil society organisations and the opportunity to network

internationally and regionally. Tis particular visit was geared towards introducing andamiliarising civil society representatives rom the Western Balkans, with the EUs policies and

programmes related to justice and reconciliation, and acilitating contact with their European

counterparts working in the same eld. Te tour also included the visit to the International

Criminal ribunal or the ormer Yugoslavia (ICY) at Te Hague.

Beyond its immediate aims, the study tour addressed broader developments in EU policy

towards justice and reconciliation in the Western Balkans. For years, the EU has been

criticised by civil society representatives and academics, rom the region and rom abroad,

or its narrow top-down approach to transitional justice, almost exclusively ocused on the

ICY conditionality. Tey have also pointed to the EUs technocratic approach to justiceand reconciliation. Fulllment o the ICY conditionality was equated with extraditions o

suspected war criminals. Paradoxically, this also emerged as one o the obstacles to transitional

justice, as it allowed local elites to consider justice being done rather than using the extraditions

to start discussions about culpability and accountability.

Te engagement with CSOs working in the eld o justice and reconciliation in the Western

Balkans signals a long-awaited change in the EUs policies. It was certainly prompted by the

planned closure o the ICY. However, the act that the EU now looks beyond local war crimes

Hague tribuna

Photo: archive of FHP Kosovo


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trials in the Western Balkans, itsel a critical part o its agenda o reorm o judiciaries and

strenthening o the rule o law, suggests that the EU has accepted civil society in the region as

a transitional justice actor in its own right. Tis change in EU strategy is mirrorred by a shit

in the transitional justice debate in the Western Balkans, as was clearly demonstrated in the

opening session o the study tour.

In a dialogue with EU ofcials, the discussion about justice and reconciliation led by civil

society representatives ocused on local war crimes trials as well as on RECOM. Te absence

o discussion o the ICY and its impact was striking. But, this silence on the ICY also

illustrates the degree o internalisation o the transitional justice debate in the region, that

was initially introduced externally through the work o the ICY. As such, it will stand as a

long lasting and uncontested legacy o the ICY, despite critiques that it has not managed to

demonstrate eectively that justice has been done through this particular transitional justice

mechanism. Te discussion ocused on RECOM, highlighted a range o views concerning

this regional initiative, the dilemma between the primacy o national, versus transnational

approaches to justice and reconciliation, being one o the key issues. Nonetheless, RECOM

has become one othe reerences in the discussion on transitional justice in the Western

Balkans. It demonstrates another shit in the debate: restorative justice mechanisms are now

being taken as seriously as trials and a regional dimension has now become an integral part

o the debate. Te lack o agreement on these issues, as illustrated by the diversity o views

presented by civil society representatives, underscores an important deliberative value o the

debate on accountability or past wrongs. Tis debate is set to keep the issues o justice and

reconciliation on the agenda in the countries o the Western Balkans or a long time to come.

Te EUs recognition o the contribution by civil society to justice and reconciliation is a start

that needs to be ollowed up by urther collaboration with local CSOs within the ramework othe common goal o the Europeanisation o the region.

Dr Denisa Kostovicova

Te author is Senior Lecturer in Global Politics at Government Department, London School of

Economics and Political Science, London, United Kingdom


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INTERVIEW

Dr Nevenka roha, a senior research associate at the Slovenian Institute or Recent History,

took part in the Slovenian-Italian Historical Commission, which, despite numerous obstacles,

managed in seven years to complete a joint report on previously disputed Slovenian-Italian

relationships. Te Commission, consisting o Slovenian and Italian historians, was tasked with

establishing the historical acts o the relationship between the two nations between 1880 and

1956. We spoke with Dr roha in Ljubljana about her experiences o working with the Italian

historians, and we wanted to know how important it was to determine the acts o war crimes.

What was the task of the Commission in which you were involved?

Our commission was established in 1993, with the aim o

investigating the events that occured ater the Second World

War, namely the issue o thefoibas* and the exodus o the

Italian population, primarily rom Istra. Very quickly we came to the conclusion that it would

be necessary to expand our research, because we could not separate the acts rom their

historical context i we wanted to show the events in an objective light. So we marked 1880 as

the beginning o our investigation, the time o the rst conicts between Italians and Slovenes.

Te research ends in 1956, because that is the year when the expulsion o Italians rom

Yugoslavia was complete.

Relations between Italians and Slovenians have been very tense for years. How did you

manage to agree on and determine the historical facts with your Italian colleagues, and to

avoid the trap of politicization?

Historical acts are irreutable, that was our starting point. Te historical act is, or example,

that on April 6, 1941, an attack on Yugoslavia took place. Te historical act is that more than

1,100 Slovenians were killed in the (Italian) camp on the island Rab. It is clear that there are

!The acts

speak orthemselves

Dr Nevenka Troha: We worked

without any political pressure.

Nevenka roha

Photo: Igor Mekina


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22

dierent interpretations about the causes o all that occurred. Tis is why it is most important

that while acts are being determined everyone act proessionaly, as experts. Nationality and

citizenship must not be an obstacle here. I must say that I oten agree more with my Italian

counterparts, than with some Slovenian historians. Division along ethnic lines is not always a

good thing. Te same is true o Italian historians. Te work o our committee took seven years

and nally we came to some common conclusions. Te truth is that our debates were long

and sometimes it happened that my colleagues rom Italy eventually changed their position.

In Italy, or example, not much was known about the occupation o Ljubljana province. Italian

historians have had an additional problem because they did not know the Slovenian language,

while all the committee members rom Slovenia knew Italian. Tus we are able to read their

documents and papers, and they could not read Slovenian documents. oday the situation in

this area is much better, because in the meantime several papers have been published in Italy

about this disputed period o history.

Did you have to adhere to strict rules in your work?

Elio Apih must take great credit or the success o our eorts; he was also the most amous

member o our committee. Apih enjoyed a great reputation or his work and numerous

publications, and thereore all o us on the Commission highly respected his views. At the very

beginning o the Commissions work, he stressed that we must give the same name to the same

things. Tis meant that we could not write, or example, that one side killed ten hostages,

while the other side savagely killed some other victims. Apih requested that we rerain rom

strong expressions and adjectives, which can dangerously inate some events. He argued

that acts alone speak or themselves. Tis has led to a relatively accurate number o about

6,500 killed during the Italian occupation o the Ljubljana province. As or thefoibas, in whichprimarily Italians were killed, we quickly reached the conclusion that it was not a genocide. Tis

was partly due to the small number o victims, because several hundred people were killed in

them, among whom were both Italians and Slovenians. We determined the numbers o several

thousands o missing and about 7,000 others who were arrested by the Yugoslav authorities,

most o whom were later released. About 25,000 people were expelled to Italy. Some revenge

crimes were committed in Yugoslavia, although the then government was responsible or many

o them. One dispatch came to light, which the Slovenian leadership sent to rieste, which

ordered a cleansing, not on national basis, but on the basis o ascism. We tried to be precise,

because the data about victims were used as an argument or changing the boundaries.

Did you have any major problems in determining the social context of these crimes?

We made a big step there. We did not agree on all details, but in the end we agreed on joint

ormulations.

Were you deciding by voting?

We wrote conclusions ater long discussions, and these conclusions we reached by consensus.


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23

Each party had to prepare a report, and then we ormed subgroups made o experts. Ater

a discussion, we would manage to agree on a common, relatively short text. Had we dealt

with the whole period in more detail, would have certainly diered much more on particular

issues. In the end, we all signed every report. We were members o the commission only in our

capacity as experts and not as representatives o the state. We worked without any political

pressure.

How was your report received in Italy and in Slovenia, respectively?Te Slovenian Ministry o Foreign Aairs was satised with the report, while the Italian was

not enthusiastic because they expected more attention to have been paid to thefoibas. We

held that the length o the text also determined the weight and importance o a problem. We

couldnt, or example, write three pages about ascism, and ve about thefoibas. We respected

the rule that issues o equal weight would be treated equally not just in the choice o words

used but also by the length o the text. Tats why the entire period o war and ascism isdescribed in much more space than thefoiba crimes.

Is it important to research and write about history in a manner that is not limited by

borders?Yes, because only in that way is it possible to explore history in the rst place. Te act is

that our borders have changed so many times. ake, or example, a person who was born in

Ajdovscina in 1900: he was then a citizen o the Austrian part o Austro-Hungary. Ten he

became a citizen o Italy. Te Italian occupation ollowed, and ater it the Yugoslav conquest.

I a person lived, or example, in Sezana, he experienced the Anglo-American conquest as well.

Ten, ater 1947, that person became a citizen o the Free rieste erritory which was later

annexed by Yugoslavia, and today that person lives in the state o Slovenia. And that person

was living in the same place the entire time! Tis is why all these events must be viewed rom a

broader perspective.

What do you think about the idea that the successor states of the former Yugoslavia,

can establish the facts of the crimes and the social circumstances from which the crimes

emerged, through a regional truth commission?Tis is a very good initiative. Facts must be determined. Te act is that every human lie is

special, but on the level o the state or collective memory there is a big dierence whether

ve hundred, a thousand or ten thousand people died. It is thereore important to determine

the objective acts as much as it is possible. O course, manipulation will always happen. Our

project was nally ruitul and we reached the nal gure o about 14,000 persons who died

during the war. And now no one can claim that there were only a thousand casualties, and

likewise no one can exaggerate and claim that there were ty thousand casualties. All this

reduces the scope and chances or manipulation. Dierent opinions and other interpretations


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24

o history will inevitably emerge. Heres an example: this year alone about 200 works have been

published about the French Revolution. I there is only one truth, then or each event only

one book would be enough. No doubt there will always be dierent interpretations o why

something happened in history, but it is extremely important to establish accurate, indisputable

acts, in order to reduce the risk o manipulation and the stirring o passions.

Igor Mekina

* the term reers to the pits into which victims were thrown

TRANSITIONAL JUSTICE IN THE WORLD

In November 2011, two new laws were passed in Brazil: Te Law on Public Access to

Inormation, and the Law on Establishing the National Commission or ruth. With her

signature, President Dilma Rusefopened the space or the ofcial establishment o a

commission to examine the long-ignored and long-denied truth about the crimes committed

during the time o the military junta in Brazil. Despite the act that torture, kidnapping and

murders took place in ront o the eyes o the entire Brazilian population, and despite the act

that the last three Brazilian presidents o that time were imprisoned or orced into exile, the

political elite or a long time remained silent about the demands o victims and their amilies.

!The longawaited truth

the TruthCommissionin Brazil

Marijana oma


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25

Unlike many o its neighbors in Latin America, Brazil had chosen to be silent about the crimes

committed during the military junta. In accordance with the 1979 Law on Amnesty, members

o the armed orces never aced any charges or crimes committed over the period o more than

twenty years (1964-1985) o the junta. In addition, the state did not allow any ofcial eorts

to establish the truth, despite eorts by human rights activists and the support o the church

in Brazil. Spurred on by this attitude, a group o activists and human rights investigators,

supported by the Archbishop o Sao Paulo and the World Council o Churches, secretly

copied huge volumes o court documentation, on the basis o which a report was compiled

and published:Brazil: Never Again. Te report documented and analyzed in detail, the torture

used by the military junta as a method against the let and other political enemies rom 1964

until 1979. In 1995, a commission was established to oer redress to 135 amilies o the

missing persons. But despite the act that the commission had the authority to independently

investigate every case o a disappearance, urther investigations were never launched. Attempts

by victims to obtain redress and recognition using international mechanisms, such as the Inter-

American Court o Human Rights, as a rule ailed, due to the governments reusal to allowaccess to ofcial inormation.

Ater more than twenty years o silence, last November,

Brazil opened a space or a ormal review o the past. Te

ruth Commission, whose seven members should be

appointed by the end o March by President Ruse, will

have two years to meet a set o objectives: to clariy the

acts and circumstances o human rights violations; to

raise public awareness about torture, killings, disappearances, the practice o hiding o bodies,

and the instigators o these incidents; to identity all state structures, places and institutionslinked to human rights violations; to submit all o the inormation collected about locations

o mass graves to relevant institutions; to cooperate with all levels o government in the

investigation o human rights violations; to recommend new policies and measures to prevent

the recurrence o human rights violations; and nally to promote the reconstruction o history

based on the newly established acts. Te Commission was given broad powers when compared

to truth commissions in other Latin American countries. In addition to the usual powers, such

as collecting evidence, inormation and documents relevant to the mandate o the commission,

and holding public hearings o victims, the Commission will be allowed to request inormation

that it considers necessary, rom government institutions, even in cases where that inormation

may be classied as condential. Unlike almost all other Latin American commissions,

this body was given authority to summon those persons believed to possess the necessary

inormation about human rights violations, and to require the assistance o all state institutions

or its operation. Te obligation o government representatives, and particularly o the military,

to cooperate with the Commission has been especially emphasized.

Although most in Brazil have welcomed the establishment o the National Commission or

ruth, retired military generals, gathered around the Clube Militar, vehemently opposed the

Ater more than twenty years o

silence, last November, Brazil

opened a space or a ormal review

o the past.


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26

ounding o the Commission. In a public statement, they accused the newly established Com-

mission o a lack o objectivity and said the process was an attempt to revise history. However,

unlike the previous President o Brazil, who was pressured by the Deense Minister and army

representatives into stepping back rom plans to establish a truth commission, President Ruse

demanded that the statement be withdrawn. Her demand was met, and she received an apol-

ogy rom the countrys Deense Minister and the group o retired generals. President Ruse thus

clearly expressed her support or the truth commission. Te Presidents response to the state-

ment o those whose actions are likely to all under the scrutiny o the ruth Commission is a

clear message to all those who oppose the establishment o the body, and will be seen by uture

members o the Commission, as a sign that that they will nd the greatest support or their

work rom the very ounder o the Commission, who will not back down under pressure or in

the ace o obstructions, which certainly wont be lacking in the uture.

Marijana oma

THE VOICE OF VICTIMS

Misko Deverdzic, rom the village o Istok, Kosovo, lost his ather Rados, and, to this day

remains haunted by guilt.

Good day everyone. I am Misko Deverdzic rom Kosovo and Metohija. I was born on April

10, 1975, the son o Rados. Te war in Kosovo began in 1999. Bombing. No one knew whether

to beware o the bombing or the Albanian terrorists. Merem Metaj, Have and Daut Avdijaj,

Havas husband, all Albanians, asked my ather to take them into his house, to save their lives.

At that time I wasnt living with him. I lived in an apartment with my wie and two children.

!We lived

60 yearswith theseAlbanians. As I was leaving the ofce, I saw my

ather or the last time.


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Our third child was on the way. My ather came to my apartment and asked me to drive the

group to the village o Vrelo, and to hand them over to our police checkpoint. So I borrowed

10 German marks, bought our liters o gas, I borrowed a car rom Srdjan, the police ofcer in

Istok. He gave me the car and didnt ask any questions. We put them in the car and my ather

and I drove toward Vrelo. Tis was the rst time I went to that bloody place. Until then, or

actually until they caught me, I didnt even know it was the biggest stronghold o the KLA

terrorists. I drove and drove, and kept asking my ather: How much longer? Not too long. As

we entered the village, some armed men came out. I thought it was our police. But it was just

the opposite. Tey took me out o the car, there were 20 or 25 o them, well-armed, masked,

with KLA insignia. Bearded too... As soon as they took me out o the car, they started beating

me I still suer the consequences o it. Tey didnt beat my ather in ront o me. Tey took

us to the euta actory, some 200 meters rom the place we were caught in. Ten they ushered

us into separate ofces. Tey continued to beat me until Selman, Meremas brother came by.

I personally helped Merema build a two-story house, me and my amily, we all helped. Tey

screamed, shouted at the men to let us go, to stop beating us. But when Selman entered the

Miko Deverdiphoto: Arhiva FHP


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28

ofce, they stopped. Tey didnt touch me ater that. Ten interrogations began: where was

the Serbian army located; what kind o weapon do they have; what about the police. And I told

them all I knew and even what I didnt know. Tey said they would let me go rom the camp i

I went to Istok and bring more [Albanian] women and children, i there were any let, that they

would release my ather too. But there was one more condition. Tey wanted me to kill Momir

Pantic, Chie o Police in Istok. I agreed. Te interrogation was led by Naser Shatri, the then

commander o the KLA. I agreed to everything and they sent me toward Istok in the same car

in which we came. As I was leaving the ofce, I saw my ather or the last time. I stepped out o

the ofce, looked at him, and on my way out he kind o smiled a little and waved his hand, as

i he was trying to say Go now, telling me to go and bring more Shiptars, so that they would

let my ather go, because I saved their people. Naser Shatri got in the car and sat behind me.

He pointed a gun to my head and said: Kill Pantic and youll get one million marks. Ill save

your entire amily and Ill get you across the border where no one will harm you. I agreed to

everything and I set out as ast as the car would go.

I ran into a group o police ofcers about a mile rom the place they caught me. I asked them:

Where have you been? And they said: We were in the woods. Tey were roasting a pig

on a spit. Zarko Zaric, that was the police ofcer I spoke to. And he said: Go to the police

immediately. I went straight to the police station in Istok and told everything to Momir Pantic,

Chie o Police. Grujica Veljovic, his deputy, looked at me sadly. He understood my pain. But

Momir Pantic just laughed and said: Tat serves you right. I went or his gun which was on

the desk. Grujica Veljovic settled things and I went home. My wie was pregnant. She could not

recognize me. I want to know just where he is [the ather]. Te only one who knows is Selman,

Meremas brother. Killed, alright But I want to know where he is. We lived 60 years with these

Albanians. Never said a bad word to one another. Kosova Vusaj beat me when we were kids.Te third house rom mine. Tank you. And sorry.

(From the public testimony of victims, held at the Tird Regional Forum for the establishment

of the facts about war crimes in the former Yugoslavia, organized by Documenta, the

Humanitarian Law Center and the Center for Research and Documentation, on February 11-12,

2008 in Belgrade.)


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RECOM Initiative !Voice - 5/2012

Documents

Transcript of RECOM Initiative !Voice - 5/2012