War Crimes and the Humanitarian Crisis in the Former YugoslaviaMonday, January 25, 1993
This hearing focused on the conflicts in the former Yugoslavia and the international community’s commitment to prosecuting those guilty of war crimes. Confidence and security building measures, in relation to the territorial integrity of Bosnia-Herzegovina were discussed, as well as the stability of the multi-ethnic layering of the newly formed countries. The hearing also focused on possible U.S. measures to improve regional stability and to relocate displaced persons. Such measures included disbanding the arms embargo on Bosnia and improving economic conditions for the millions affected by the conflict.
Report: the U.S. Helsinki Commission Delegation to Hungary, Greece, Macedonia and Croatia (Nov. 11-17,1992)Tuesday, December 01, 1992
Budapest, Hungary, was the first stop of the Helsinki Commission delegation led by Commission CoChairman Senator Dennis DeConcini to Hungary, Greece, Macedonia, and Croatia. While in Hungary, the delegation planned to discuss a variety of domestic, bilateral, and regional issues with President Arpad Goncz, Prime Minister Jozsef Antall, and other high-level Hungarian officials. Chief among them were questions regarding the ongoing crisis in the former Yugoslavia; the delegation hoped to gain perspective on the regional ramifications of the crisis, and to learn more about Hungary's needs, concerns, and recommendations. Also critical was discussion of the specter of anti-Semitism and intolerance in Hungary, as manifested by the outspoken Vice President of the ruling Hungarian Democratic Forum Istvan Csurka; the delegation wished to express its strong condemnation of Csurka's divisive and exclusivist version of nationalism. Hungary's relations with the soon-to-be-independent Slovakia were also on the agenda, as well as the ongoing controversy over the Gabcikovo-Nagymoros Dam. The Commission delegation travelled to Macedonia to meet with government leaders and private citizens, including representatives of ethnic communities, with the goal of discussing questions related to Macedonia's recognition by the international community, and to observe the economic, political and social impact of the denial of that recognition to date. The delegation also wanted to examine the possibilities for violence and conflict in Macedonia due to the ongoing conflict in nearby Bosnia-Herzegovina and repression in neighboring Kosovo, and to hear Macedonian insights on this conflict and repression. Related to all the above, and central to the Commission delegation's concerns, was the degree of democratic development in Macedonia, especially in regard to respect for human rights and fundamental freedoms. The delegation travelled to Macedonia via Thessaloniki, Greece. Taking advantage of this transit, a further objective of the delegation was to hear the views of Greek officials on issues related to Macedonia, and the violent disintegration of Yugoslavia in general. Finally, the Commission delegation wished to visit refugees from the conflict in Bosnia-Herzegovina to gain information on the circumstances leading to their presence in Macedonia, as well as to observe the quality of their treatment as refugees in that country. The Commission delegation's main interest in travelling to Croatia was to examine the situation for Bosnian refugees residing there as winter approached and to hear their reports of what was happening in BosniaHerzegovina. More generally, the delegation wanted to obtain a more detailed picture of the situation in the region as a whole as the fighting raged on. This included developments within Croatia itself, such as the situation regarding displaced persons and in the United Nations Protected Areas, as well as Croatia's role in the Bosnian conflict. Finally, the delegation had an interest in seeing the newly created U.S. Mobile Army Surgical Hospital (MASH) unit at Pleso Airport outside Zagreb.
Report: Northern Ireland: Codel DeConcini Trip ReportFriday, September 18, 1992
The Helsinki Commission was urged by several non-governmental organizations (NGOs) to make a contribution to the public debate on Northern Ireland. Human rights reports by well-respected NGOs such as Amnesty International and Helsinki Watch have documented persistent human rights abuses by security and paramilitary forces. Serious questions have been raised about the administration of justice as well. And to this day, issues of social and economic justice dominate the political dialogue between the two communities of Northern Ireland. Prior to its visit, the Commission was warned that, given its complex realities and historic passions, Northern Ireland often defies understanding. Nevertheless, the delegation, which in. addition to Senator DeConcini, included Commission Deputy Staff Directors Jane Fisher and Mary Sue Hafner, as well as, Mary Hawkins of Senator DeConcini's personal staff, came away with a better perception of what drives this conflict. The delegation began its fact-finding trip on the premise that any evaluation of the situation in Northern Ireland must consider not only traditional human rights violations, bu he erosion of a democratic system by terrorist activity. Indeed, the delegation viewed errorist acts by paramilitary forces from both communities as one of the worst recurring auses of human rights violations. At the same time, the delegation agreed the root causes of that terrorism should also be examined. As local religious leaders admonished, "an valuation of Northern Ireland based upon CSCE standards and principles must addres he dangers it confronts.'' This view reflected the competing interests that challening Northern Ireland today: on the one hand, efforts by one of the world's oldest democracies to promote and protect human rights and the rule of law; on the other, the need to combat a vicious terrorist movement that has taken thousands of lives.
Parliamentary and Presidential Elections in an Independent CroatiaSaturday, August 01, 1992
On August 2, 1992, Croatia held elections for the position of President of the Republic as well as for seats in the House of Representatives, one of two chambers in Croatia's "Sabor," or Assembly. These were the second multi-party elections in Croatia since 1990, when alternative political parties first competed for power. They were, however, the first since Croatia proclaimed itself an independent state in 1991, and achieved international recognition as such in 1992, following the violent disintegration of Yugoslavia. Incumbent Franjo Tudjman easily won a first-round victory among a field of eight presidential candidates. His party, the ruling Croatian Democratic Union (HDZ), also won just over half of the parliamentary seats allocated in proportion to votes for the lists of 17 parties, and a very large number of the seats designated for particular electoral districts. This result allows the HDZ to form a new government alone rather than in coalition with other parties. A shift to the far right, which many feared, did not materialize. Despite a number of open questions, the election results likely reflect the legitimate choice of Croatia's voting population. At the same time, the elections demonstrated disappointingly little democratic progress in Croatia since 1990. Detracting most from the elections was the lack of serious effort by the authorities to instill confidence in the electoral system, followed by the perceived political motivation in scheduling them in August. The elections also revealed some shortcomings on the part of the opposition, including a lack of coordinated effort to ensure that they were conducted freely and fairly. Croatia has a western-oriented, well educated and sophisticated society which provide a basis for democratic government. Decades of communist rule and a fierce nationalism linked to Croatia's search for independence have, at the same time, unleashed societal trends contrary to democratic development. The context in which these elections took place was also complicated by the conflict in Croatia that began in earnest in July 1991 as militants among the alienated ethnic-Serb population of Croatia, with the encouragement of the Serbian leadership in Belgrade and the help of the Yugoslav military, demonstrated violently their opposition to the republic's independence. After severe human casualties, population displacement and destruction, the conflict generally ended in January 1992 with a U.N. negotiated ceasefire that included the deployment of U.N. protection forces on much of Croatia's territory A new constitution and growing stability argued for holding new elections. Despite opposition complaints that August was not an appropriate time for elections, President Tudjman scheduled them with the likely calculation that his party stood its best chances in a quick election before growing economic hardship and pressure for genuine democratization replaced the joys of independence and renewed peace. During the campaign period, 29 political parties fielded candidates. They faced no major difficulties in organizing rallies and distributing their literature to the public. At the same time, the Croatian media was only moderately free, with television and radio broadcasts much less so than newspapers and journals. Only toward the end of the campaign did the media seem to open up fully The stated objective in organizing the elections was to be fair and impartial to all contending parties. At the same time, the electoral procedures were not as fully satisfactory as they easily could have been, raising suspicions of an intent to manipulate the results. However, opposition political parties considered the process sufficiently fair for them to compete. They also had the opportunity to have observers present at polling stations and election commissions on election day. According to a constitutional law on the matter, Croatia's national minorities enjoy certain rights regarding their representation in governmental bodies. Ethnic Serbs, the only large minority with some 12 percent of the population, were guaranteed a greater number of seats in the new Sabor than all other minorities combined, but, unlike the smaller minorities, no elections were held in which ethnic Serbs alone could chose their representatives. This was viewed as discriminatory treatment of the Serbian minority, despite apparently small Serbian participation in the elections. Balloting on election day was orderly, despite the enormous complications caused by the conflict and questions of citizenship and voter eligibility in a newly independent country. There were few complaints in regard to the way in which the voting and counting were carried out, although several isolated problems were reported and the security of ballots cast by voters abroad was a constant concern. Despite these faults, holding elections might well have been a watershed for Croatia. Problems in that country's democratic development were given closer scrutiny, and public concerns can now shift from the recent past to future prospects. The winners could view their easy win as a mandate for continuing current policies, largely viewed as nationalistic and insufficiently democratic. However, the far right's poor performance could lessen pressure on the HDZ to show its nationalist colors and permit greater democratic development. The behavior of HDZ leaders to date favors the status quo in the short run, but domestic and international pressure could both encourage more significant democratic reform than has been seen thus far.
The Yugoslav Republics: Prospects for Peace and Human RightsWednesday, February 05, 1992
This hearing reviewed the political crisis and the civil conflict in Yugoslavia. The purpose was to examine the different aspects in which is fueling the crisis. The hearing looked at the role of the OSCE process in its efforts to shape the international strength in resolving the Yugoslav conflict. Representatives from the European community gave testimony on the proposals and plan implementation carried out by the European Council and of the member states. The issue of military hardware and tensions related to large mobilized forces were mentioned, along with the peace settlement dimension for the succeeding states of Yugoslavia.
The New Commonwealth of Independent States: Problems, Perspectives, and U.S. Policy ImplicationsThursday, January 09, 1992
This hearing discussed the dissolution of the Soviet Union and the creation of a series of succeeding states. The hearing covered the theme of regional and ethnic divisions as key elements in the unpredicted dissolution of the Soviet Union. The witnesses covered the particular challenges of securing peaceful independence from the “commonwealth of former Soviet Republics” and the democratization process. The conversation centered on the human rights dimension and the process of newly created states signing on to several international treaties and obtaining memberships in international organizations.
Business Roundtable: The Helsinki ProcessThursday, November 14, 1991
In this briefing, Samuel Wise, staff director at the Commission, introduces the Helsinki Process and the countries it involves, focusing on the section of economic cooperation in The Helsinki Final Act. The briefing assesses the usefulness of the Helsinki Final Act and of the Commission in American business with Eastern Europe and the Soviet Union. Wise was joined by Jane Fisher, deputy staff director at the Commission, who called upon the participation of the audience in assessing the compliance of the countries of Eastern and Central Europe and the Republics of the Soviet Union. The conversation includes Commissioners and members of the audience with diverse experience.
The Conflict in YugoslaviaThursday, October 31, 1991
The purpose of this hearing was to bring greater clarity to the situation in Yugoslavia and to discuss the effectiveness of the international response to date, especially in the CSCE, and how that response could be made more effective. The hearing witnesses, Principal Deputy Assistant Secretary for European and Canadian Affairs Ralph Johnson and Director of East European Studies at the Wilson Center Dr. John Lampe, gave astute assesments of the situation in the region and commented on policy options before the Congressmembers.
The Nagorno-Karabakh Crisis: Prospects For ResolutionWednesday, October 23, 1991
This hearing focused on Nagorno-Karabakh, a region in Azerbaijan that has historically been dominated by Armenians and, consequently, has requested to become part of Armenia. The Azeris did not take too kindly to this request, and bloody and violent conflict ensued between the two countries. The hearing examined whether there were still reasons for cautious optimism about a negotiated settlement. This dispute underscored the fact that almost all borders between republics in the former U.S.S.R. were then in dispute. Others present at the hearing included Commissioner Dennis DeConcini, members of the Russia Supreme Soviet Anatoly Shabad, Nadir Mekhtiyev, and Fyodor Shelov-Kovedyaev, Plenipotentiary Representative of Armenia to the United States Alexander Arzoumanian, and Dr. David Nissman, expert on Azerbaijan.
Geneva Meeting on National Minorities and Moscow Meeting on the Human DimensionWednesday, July 31, 1991
The hearing will focus on two important CSCE meetings, the Geneva Experts Meeting on National Minorities. The Geneva meeting which recently ended was mandated to discuss national minorities, the meeting had three components: exchange of views on practical experience; review of the implementation of relevant CSCE commitments; and consideration of new measures. The distinguished speaker will outline the major points of the Geneva meeting and how the United States can best utilize its success while moving towards the upcoming human dimension meeting in Moscow.
CONFERENCE ON SECURITY, STABILITY, DEVELOPMENT, AND COOPERATION IN AFRICATuesday, July 30, 1991
This hearing focused on successes of the Helsinki process in guiding Eastern Europe towards democratic governance and how a similar framework could work in Africa. The joint hearing emphasized the need for expedient action for the continent or risk unmanageable stagnating crises. Many former oppressive regimes in Eastern Europe draw parallels to similar governing system in the African continent, such systems lack rule based institutions, political enfranchisement, and civil protections. The Commissioners and the distinguished panelists discuss what measures African countries are taking in their democratization process and what the additional actions should be.
Baltic Leadership on the Status of Independence MovementsTuesday, May 07, 1991
The Hearing comes at a time when there is great peril for the people of Lithuania, Estonia and Latvia. Soviet troops seized government buildings the aforementioned countries. The Baltic Military Personnel Unit has been reactivated to curb Soviet troop presence. The Baltic States have undergone immense destruction wrought by the hand of force from Moscow. The hearing will attempt to underscore the importance of American presence in the Balkan region.
Report on the U.S. Helsinki Commission Delegation Visit to Hungary, Yugoslavia, and AlbaniaMonday, March 04, 1991
The main purpose of the Commission's visit to Budapest was to participate in the Seminar on Parliamentary Responsibility for Economic Development being co-sponsored by the Helsinki Commission, the Hungarian Parliament, the International Foundation for the Survival and Development of Humanity, and the Library of Congress. Additionally, members of the delegation discussed Hungary's current political and economic situation with members of the Alliance of Young Democrats (FIDESZ), leaders of the Gypsy community, and U.S. business representatives.
Soviet Crackdown in the Baltic StatesThursday, January 17, 1991
This hearing, which Steny H. Hoyer presided over, came at a time during which the United States’ time was occupied elsewhere in the world (i.e. the Middle East). Therefore, the running time of this hearing was expected to be an hour, with a more in-depth hearing to follow later on. In any case, attendees discussed, from the view of the U.S., anyway, that the Baltic States (i.e. Estonia, Latvia, and Lithuania) had all been illegally absorbed into what was then the Soviet Union. Likewise, the Baltic States had raised the issue that enforcement of conscription laws of the Soviet Union in these countries is in and of itself legal within the framework of the Geneva Convention. The consensus of the hearing was that the attempt by Moscow to crush democracy in the Baltic States must be met by the U.S. with the same resolve that the U.S. took in meeting similar attempts in other parts of the world, including collaboration with other countries.
Congressional Delegation Visit to Yugoslavia, Romania and BulgariaSaturday, April 07, 1990
The Commission delegation to Yugoslavia had three main goals: (1) to observe the first, free, multi-party elections in post-War Yugoslavia, which took place in Slovenia on April 8; (2) to discuss a variety of human rights concerns; and (3) to examine firsthand the situation in Kosovo province by meeting with both Serbian and Albanian groups. The delegation visited the cities of Ljubljana, Belgrade and Pristina, and Chairman DeConcini made a separate visit to the village of Medjugorje. Meetings were held with federal, republic and provincial officials, as well as with human rights activists, religious figures, representatives of alternative groups and parties, journalists, and other private individuals. Overall, the delegation was able to accomplish these objectives. Moreover, its efforts were immediately followed by several positive developments in Yugoslavia, including the lifting of the state of emergency in Kosovo and the announced release of 108 political prisoners, including Adem Demaqi, a political prisoner with whom the delegation had sought to meet. In addition, the members of the Youth Parliament of Kosovo detained just prior to the Commission's visit were released, and former Kosovo official Azem Vlasi was acquitted in a major political trial. All of these developments addressed concerns specifically raised by the delegation during its visit.
The State of Human Rights in Romania: An UpdateThursday, December 01, 1988
One year after worker-led disturbances erupted in Brasov and other Romanian cities, Romanian society remains tense, divided and increasingly impatient with a regime that exhibits little regard for the well-being of its citizenry. While the Romanian Party and Government have succeeded in quashing most open expressions of dissent, they have failed abysmally in garnering popular support for their programs -- if such support was ever solicited or even desired. Systematically depriving its citizens of the possibility to exercise the most fundamental human rights, and robbing them of the social and economic rights it supports so heartily in words, the Romanian regime has lost any legitimacy it might once have enjoyed among its citizens. Romanian citizens and recent emigrants from that country testify that repression has grown in the year after Brasov. While most prisoners of conscience were released under a January 1988 amnes ty, dissidents continue to be surveilled, followed, called in repeatedly for questioning by the Securitate, and placed under house arrest. Telephone lines are cut and mail intercepted to increase the dissidents' sense of isolation not only from the world outside Romania, but also from contacts within the country. Censorship has become more severe, and the security apparatus maintains an even more visible presence than before. The notorious but still unpublished Decree 408, which requires Romanian citizens to report to police all meetings with foreign citizens within 24 hours, is stringently enforced. Romania's economy continues to deteriorate. Fuel and electricity have been rationed for years. Staple foods, including milk, bread and flour, are rationed, and in many localities even these are unavailable. Meat is a rarity; soup bones only occasionally appear in stores. Decades of financial misplanning and inefficient industrial development have led to the dire condition of the Romanian economy, making it the poorest in Europe after Albania. The Government continues to repay its foreign debts at a swift rate and modernizeat the expense of the Romanian people's well-being.
Status of Conventional Stability Talks in EuropeThursday, June 23, 1988
This hearing, which Commissioner Steny H. Hoyer presided over, was part and parcel of an anticipated series of Conventional Stability Talks within the framework of the Commission on Security and Cooperation in Europe. The hearing also was a joint hearing of the Foreign Affairs Committee and the Helsinki Commission. At the hearing, Commissioner Hoyer expressed the sentiment of a heightened political awareness of the conventional force issue, particularly in the wake of the recently ratified INF Treaty, tempered with the desire to not have these sorts of issues (i.e. the CSCE’s expansion to encompass conventional force negotiations and the developing overlap of the conventional stability and CSBM talks) overshadow human rights. Balancing of the different East-West relations is an explicit objective, the Commissioner said. Not only did attendees at this hearing discuss Conventional Stability, but they also discussed the status of the agenda in Vienna and the developing relationship among all these talks within the CSCE process.
Soviet Trade and Economic Reforms: Implications for U.S. PolicyTuesday, May 10, 1988
The motive for holding this hearing, which Rep. Steny H. Hoyer and Sen. Dennis DeConcini chaired, was due to the increased attention that the commercial aspect of East-West relations had gotten. Of course, balance among the different aspects of East-West relations has been a stated political objective of all signatories of the Helsinki Final Act. More specifically, attendees at the hearing discussed tying human rights on the part of the U.S.S.R. to East-West trade relations. From its inception, the Helsinki Final Act has explicitly set forward progress in the area of human rights and fundamental freedoms, as well as increased cooperation in areas of trade, exchanges, and military security. The sense of the hearing was that the U.S.’s security needs, human rights concerns, and economic can be balanced.
Vienna Review Meeting of the CSCE - Phase III and IVFriday, January 01, 1988
The main activity of the Vienna Meeting throughout Phases III and IV was the presentation and negotiation of proposals for inclu sion in the concluding document of the meeting. The number (more than 160), complexity and controversial nature of many of these proposals led to the extension of the Vienna Meeting well beyond its target closing date of July 31. These factors, along with other elements such as continuing major shortcomings in the implementa tion of existing commitments, are largely responsible for the continuation of the Vienna Meeting into 1988. The slow pace of progress already evident in Phase II continued through the next phase. Each side defended its own proposals but showed little disposition to begin the process of compromise which could lead to the conclusion of the meeting. The main procedural development during this phase was the appointment of coordinators from the neutral and non-aligned states to guide the work of the drafting groups. This development provided greater order and structure for the proceedings but did little to advance the drafting work or to induce compromises. Other major developments during this phase were the introduction of the long-awaited Western proposal on military security and the tabling of a comprehensive compromise proposed in Basket III by two neutral delegations, Austria and Switzerland. Both proposals were put forth at the very end of the phase and thus did not have much impact until the next phase. The Western (NATO) proposal on military security questions was designed as a response to the Eastern proposal which envisioned two main objectives: another round of negotiations on confidence and security-building measures (CSBMs) to build upon the successful Stockholm meeting and the initiation of negotiations on conventional disarmament, both within the same CSCE forum. The Western response to this proposal was delayed primarily because of United States and French differences over the connection between the conventional arms negotiations and the CSCE process, the French arguing that the negotiations should be an integral part of the process and the U.S. insisting that they be independent. The issue was resolved by agreement that the negotiations would be "within the framework of the CSCE," but should remain autonomous.
Allocation of Resources in the Soviet Union and ChinaThursday, March 19, 1987
Hon. William Proxmire, Chairman of the Subcommittee on National Security Economics, presided the hearing on the allocation of resources in the Soviet Union and China. The first section of the hearing was devoted to the Soviet Union, because of the many changes and substantive developments in this region. Since coming to power in March 1985, Mikhail Gorbachev had put forward the most ambitious program for economic, political, and social change since Nikita Khrushchev, often linking the URSS's ability to mantain its status as a military "superpower" to the success of his efforts. This hearing provided an initial evaluation of Gorbachev's program. It began by describing Gorbachev's policies and assessing their impact on the economy's performance in 1986. The witnesses, then, analyzed the future direction of his economic modernization program in light of the 1987 Plan and the demands for continued military force development. Finally, they evaluated the Soviet external relations, including the trade initiatives and the effect of changes in Soviet-China relations. Senator Proxmire was joined by Douglas MacEachin, Director of Soviet Analysis for Central Intelligence Agency and Rear Admiral Robert Schmitt, Deputy Director of Defense Intelligence Agency.
Mr. Speaker, I rise to bring attention to this body of one provision that is in this bill that deals with extending normal trade relations to Serbia and Montenegro. When this issue was before the Committee on Ways and Means, I offered an amendment that was adopted by the committee that placed conditionality on the normal trade relations based upon cooperation by Serbia and Montenegro with the International Criminal Tribunal for the former Yugoslavia.
Mr. Speaker, it is important to move forward in our relations with Serbia, but it is also important to remember the past. There were war crimes committed in the former Yugoslavia where individuals were murdered, mass murders, dislocation of people, solely because of their ethnic background. There are individuals who is have been indicted by the war crimes tribunal that have not been turned over to the Hague. General Mladic and Karadzic were involved in mass murders of innocent people, they were lined up and murdered, and yet they still remain free, even though they are indicted. We need full cooperation with the tribunal, including the turning over of documents and the availability of witnesses.
Mr. Speaker, I am pleased that we were able to reach an understanding where the conditionality on this legislation could be removed by additional commitments made by the government of Serbia-Montenegro.
I will make part of the record a letter that I have received. I would like to quote very quickly part of that letter, where the Foreign Minister says, “I would like to assure you that there is a strong and clear political will of the authorities in Serbia and Montenegro to cooperate with International Criminal Tribunal. Obviously, the most pressing concern is the issue of the arrest and transfer to The Hague of the indicted individuals, in particular General Mladic and those indicted for the crimes at Vukovar. You may rest assure that the resolution of this issue figures high on the agenda of all office holders in Serbia and Montenegro. Furthermore, the institutions of the state union of Serbia and Montenegro, which will be formed in the coming days, will have the opportunity to further contribute to perfecting the cooperation of the ICTY in this regard.”
Mr. Speaker, I would also bring to your attention a letter I received from Secretary of State Powell, where he points out that the FY 2003 Foreign Operations Appropriations Act once again conditions U.S. assistance to the Republic of Serbia. These conditions have been useful in maintaining pressure on Belgrade to comply with its obligations to the ICTU. I can assure you that the Department of State will continue to use every available tool to achieve cooperation with the International Criminal Tribunal by the governments of Serbia and Montenegro.
Mr. Speaker, I want to thank the gentleman from New Jersey (Chairman Smith) of the Helsinki Commission, the gentleman from Maryland (Mr. Hoyer), who has been extremely helpful in this issue, the gentlewoman from New York (Mrs. Lowey) from the Committee on Appropriations, the staff at the Helsinki committee, the Coalition for International Justice, and Ambassador Prosper, who is our Ambassador at Large for War Crimes, for their cooperation in order to be able to work out further cooperation with the tribunal.
I also want to thank the gentleman from Illinois (Mr. Crane) and the gentleman from Michigan (Mr. Levin) for their patience. I know that we have been working on this for a long time, and I appreciate very much giving us the opportunity to work this out.
Congress has played a critical role on advancing human rights, whether it was Jackson-Vanik or the conditionality of foreign aid to governments to make sure that they comply with human rights issues. We have played an active role. We need to continue to play that role. I am proud of the role that this body has played in advancing human rights issues, including compliance with the International Criminal Tribunal.
Mr. Speaker, I include for the record the letter from the Minister for Foreign Affairs of Serbia and Montenegro.
Serbia and Monetenegro
Minister for Foriegn Affairs
Hon. Benjamin L. Cardin
House of Representatives,
Dear M. Cardin: I appreciate very much your continuing interest in the issues related to Serbia and Montenegro and its relations with the United States. I still remember fondly our last telephone conversation in which we had the opportunity to discuss these matters.
At the moment, one of the most pressing issues in this regard remains extending Normal Trade Relations Treatment (NTR) to Serbia and Montenegro, which is part of the Miscellaneous Trade and Technical Corrections Act 2003. Extending NTR treatment would provide substantial support to continuing economic reforms in my country which, in turn, would help the consolidation of our democracy.
I am fully aware of your genuine and well-intentioned concerns with regard to the cooperation of Serbia and Montenegro with the International Criminal Tribunal for the former Yugoslavia (ICTY). I would like to assure you that there is strong and clear political will of the authorities in Serbia and Montenegro to cooperate with the ICTY.
Obviously, the most pressing concern is the issue of arrest and transfer to The Hague of the indicted individuals, in particular Gen. Mladic and those indicted for the crimes in Vukovar. You may rest assured that the resolution of this issue figures high on the agenda of all office holders in Serbia and Montenegro. Furthermore, the institutions of the state union of Serbia and Montenegro, which will be formed in the coming days, will have the opportunity to further contribute to perfecting the cooperation with the ICTY in this regard.
At the same time, it should be noted that there has been a substantial progress in other aspects of our cooperation with the ICTY, i.e., in providing documents and access to witnesses. Serbia and Montenegro has provided effective assistance to the ICTY in relation to locating, interviewing and testimony of witnesses. In this respect, we have so far fully responded to almost 90% of the requests for assistance. In particular, we have provided waivers for more than 100 officials of the former government to testify about classified matters before the ICTY. These include top officials such as two former presidents of the FRY, heads of military and police security services, as well as many high-ranking military and police officers.
As regards the documents requested by the ICTY, we have presented thousands of pages of documentation, including confidential records of the Supreme Defense Council, which is the commander-in-chief of the Yugoslav Army. I would like to assure you that we are determined to cooperate even more effectively with the ICTY in relation to documents and witnesses, and most notably, with regard to the transfer of indictees. Further promotion of democracy and economic prosperity of my country would only create a more favorable climate for such cooperation. In this regard, extending NTR treatment would be a welcome signal that Serbia and Montenegro have the support of the United States and would bring tangible benefits to our economy and people.
I am confident that you will take this information into account while assessing the level of cooperation with the ICTY, and as a result support the initiative to extend NTR treatment to Serbia and Montenegro.
Serbia and Montenegro believes that all individuals responsible for international crimes should be brought to justice, either before international courts, such as the ICTY, or before national courts. In particular, as a UN Member, Serbia and Montenegro recognizes its obligation to cooperate with the JCTY. Consequently, the FRY has adopted the Law on Co-operation with the ICTY on 11 April 2002, which regulates the legal framework for cooperation.
Fifteen indictees who were on the territory of the FRY were brought into the custody of the ICTY. The Federal Republic of Yugoslavia arrested and surrended 6 indictees, including Slobodan Milosevic, former president of the FRY and Serbia. The others are Milomir Stakic, former Chief of the Crisis Staff of Prijedor Municipality, Republika Sprska (RS), and four combatants of the RS Army: Drazen Erdemovic, Predrag Banovic, Nenad Benovic i Ranko Cesic.
At the same time, 10 indictees have been encouraged to voluntarily surrender to the ICTY and they eventually did so. These are:
1. Dragoljub Ojdanic, General, former Chief of the General Staff of the Yugoslav Army and former Federal Minister of Defence.
2. Nikola Sainovic, former Deputy-Prime Minister of the FRY.
3. Mile Mrksjc, Major-General, Yugoslav Army.
4. Pavle Strugar, Lieutenant-General, Yugoslav Army.
5. Miodrag Jokic, Vice-Admiral, Yugoslav Army.
6. Milan Martic, former Serb leader in Croatia.
7. Blagoie Simic, Head of the Bosanski Samac, RS, Crisis Staff.
8. Momcilo Gruban, Deputy Commander of the Omarska camp, RS.
9. Milan Milutinovic, former President of the Republic of Serbia.
10. Vojislav Seselj, leader of the Serbian Radical Party.
National courts have issued arrest warrants for additional 17 accused whose arrest has been sought by the ICTY. One indictee (Vlajko Stojiljkovic, former Minister of Internal Affairs of Serbia committed suicide.
Serbia and Montenegro has provided effective assistance to the Prosecutor and the ICTY with relation to locating, interviewing and testifying of suspects and witnesses. In that respect, Serbia and Montenegro has, so far, answered to 76 different requests and provided information for as many as 150 suspects and witnesses. Out of 126 witnesses for whom the waivers were requested, Serbia and Montenegro has granted 108 (86%), while others are in procedure.
In the Milosevic case, the FRY and Serbia government decided to allow more than 87 of the former and current state officials and employees to testify with relation to the Kosovo indictment, even about the matters that constitute military and state secrets.
Zoran Lilic, the former President of the FRY, has been given waiver to testify in the Milosevic case on the matters defined after consultations between the Prosecutor and the FRY and related to the events covered by the Croatia, Bosnia and Kosovo indictments.
Dobrica Cosic, former President of the FRY, as well as Nebojsa Pavkovic, former Chief of the General staff of the Yugoslav Army have also been given waiver to testify in the Milosevic case and related to the events covered by the Croatia, Bosnia and Kosovo indictments.
Regarding documents that have been sought by the ICTY Prosecutor (127), the FRY has answered, so far, to 65 requests, to 9 partially and 53 are currently processed. The documents transmitted to the Prosecution include:
Confidential military documents of the Supreme Defense Council, the Commander-in-chief of the Yugoslav Army;
Certain confidential regulations of the Yugoslav Army;
All available official records related to the Racak massacre, in relation to the Kosovo indictment against Milosevic;
All available personal information about Ratko Mladic, the former Commander of the Army;
Of Republika Srpska;
Information on all investigations and judicial proceedings initiated against members of the Serbian Ministry of Internal Affairs for crimes committed in Kosovo and Metohija;
Official records of the Yugoslav National Bank relating to a company allegedly involved in trading arms during the conflict in Bosnia and Herzegovina;
The authorities of Serbia and Montenegro have continued to investigate mass graves near Batajnica. This is done in the presence of the ICTY investigators on site, and the evidence obtained is regularly transferred to the ICTY Prosecutor.
There have been investigations and judicial proceedings before Yugoslav courts for violations of international humanitarian law:
There is a number of criminal proceedings before military courts against individuals indicted for crimes in Kosovo and Metohija in 1999. The judicial proceeding against Sasa Cvjetan and Dejan Demirovit, members of the special corps “Scorpions,” have also been initiated before the Court in Belgrade, for the crimes committed in Kosovo. In the District court in Prokuplje, Serbia, Ivan Nikolic, a reserve soldier with the Yugoslav Army, was sentenced to 8 years of imprisonment for the killing of two Kosovo-Albanian civilians.
Criminal proceeding before the Belgrade District Court are currently under way for the abduction of Bosniacs from the village of Sjeverin in 1992 (Case of Dragoljub Dragicevic and others).
In another case, Nebojsa Ranisavljevic was convicted to 15 years of imprisonment for his role in the notorious case of abduction of Muslim passengers from the train in Supci station in 1993.