A team of UN human rights experts have expressed concern over the possible release of Milorad Trbic, who was found guilty of committing genocide in Srebrenica, Bosnia and Herzegovina by a Bosnian court in 2009.
The ruling and sentence of 30 years in prison was recently overturned by Bosnia's constitutional court. A retrial is expected to take place.
“The release of convicted criminals undermines efforts made by the Bosnian State Court and the international community to achieve justice, especially in light of the wider failure by the Government to adopt and implement a comprehensive transitional justice strategy,” the experts said in a joint statement published by the Office of the UN High Commissioner for Human Rights (OHCHR).
“Each decision has led to a prisoner’s release pending retrial and retrials have led to much lower sentences,” the experts said, adding, “There is a grave risk that the convicted criminal will flee to another jurisdiction, as happened recently in the case of war criminal Novak Ðukic."
The experts include: Juan E. Méndez, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Ariel Dulitzky, Chair-Rapporteur, Working Group on Enforced or Involuntary Disappearances, Gabriela Knaul, Special Rapporteur on the Independence of Judges and Lawyers and Pablo de Greiff, Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.
Stating that the gravity of the crime should be taken into consideration and Trbic should not therefore be released pending retrial, the experts said: “Such decisions are a slap in the face for victims and pose serious challenges with regard to the protection of victims from violence, re-victimization and intimidation."
“These decisions feed into a disturbing narrative propagated in some quarters that those convicted of war crimes and genocide have been unfairly targeted. This type of discourse seriously risks any prospects for reconciliation," the experts added.
The ruling and sentence of 30 years in prison was recently overturned by Bosnia's constitutional court. A retrial is expected to take place.
“The release of convicted criminals undermines efforts made by the Bosnian State Court and the international community to achieve justice, especially in light of the wider failure by the Government to adopt and implement a comprehensive transitional justice strategy,” the experts said in a joint statement published by the Office of the UN High Commissioner for Human Rights (OHCHR).
“Each decision has led to a prisoner’s release pending retrial and retrials have led to much lower sentences,” the experts said, adding, “There is a grave risk that the convicted criminal will flee to another jurisdiction, as happened recently in the case of war criminal Novak Ðukic."
The experts include: Juan E. Méndez, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Ariel Dulitzky, Chair-Rapporteur, Working Group on Enforced or Involuntary Disappearances, Gabriela Knaul, Special Rapporteur on the Independence of Judges and Lawyers and Pablo de Greiff, Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.
Stating that the gravity of the crime should be taken into consideration and Trbic should not therefore be released pending retrial, the experts said: “Such decisions are a slap in the face for victims and pose serious challenges with regard to the protection of victims from violence, re-victimization and intimidation."
“These decisions feed into a disturbing narrative propagated in some quarters that those convicted of war crimes and genocide have been unfairly targeted. This type of discourse seriously risks any prospects for reconciliation," the experts added.