Kevin Sullivan - OHR:
Good morning, everybody.
Thank you for coming and sorry for the short delay.
We have with us this morning Judge Rakel Surlien the Director of the Independent
Judicial Commission, Judge Kari Kiesilainen Deputy Head of the IJC and
Chief of it's monitoring operation, Fidelma Donlon the Head of the IJC
Field office in Sarajevo. They are going to give a short briefing on the
work of the IJC specifically with regard to professionalising the judiciary
in Bosnia and Herzegovina. There will be a press release afterwards and
also following the presentation you will have the opportunity to ask Judge
Surlien questions. I will hand the floor over to Judge Surlien.
Judge Rakel Surlien IJC 07 August 2001
Thank you very much Ladies and Gentlemen.
It is a pleasure for me to make some brief remarks on the work concerning
the specific law on the Judicial and Prosecutors Service. I would like
to remind you that the purpose of this law is to de-politicise the judicial
and prosecutors systems in the Federation. Secondly, the implementation
of that law is fundamental to the creation of a truly impartial and independent
system. However, the IJC has recognised that for a prolonged period of
time certain executive authorities, most notably in Canton 7 and Canton
10 refuse to fulfil their obligations, under this law. These authorities
threaten the ongoing process of judicial reform. I would like to add that
it is unacceptable that candidates nominated for positions as prosecutors
in Canton 10 over 10 months ago remain un-appointed by the Cantonal Authorities.
IJC considers such a blatant disregard for the rule of law intolerable.
Consequently the IJC initiated work in relation to legislative reform
to combat the problems here and in the Federation. This issue has been
co-ordinated by IJC with the High Representative, the Federation Commission
for the election and the appointment of Judges, the Federation Commission
for the election and appointment of prosecutors and the Federation Government.
These efforts culminated with… the law on amendments by the High
Representative on the 3rd August. It is expected that the new stream lined
appointment process combined with a clear procedure for proposing candidates,
will further the establishment of an independent judiciary. More details
in relation to the substance of the law on amendments are contained in
the IJC press release. Regarding the comprehensive review of judges and
prosecutors that commenced in July 2000, I would like to indicate that
the IJC has taken the lead co-ordination rule in the efforts of the international
agencies, who are monitoring the suitability of judges and prosecutors
to hold office. This is top priority for IJC this year. We will get additional
resources to monitor and assist the work of the Federation Commissions
and the Republika Srpska Councils in the coming weeks. Finally, I would
like to take this opportunity to both encourage and remind the public,
first; it is still possible to file complaints against judges and prosecutors
with the Federation Commissions and the Republika Srpska Councils. Secondly,
IJC monitors closely the work of the Commissions and Councils. Thirdly,
as I mentioned before, it is of priority to ensure that all complaints
are correctly investigated and the appropriate sanctions taken against
judges and prosecutors. We will be very happy to answer your questions
and I thank you for your attention.
Kevin Sullivan - OHR: We do not have a huge number of questions, springing
unbidden to mind on legal issues. Well I guess if, any of you think up
some pressing questions in the course of the remainder of the press conference,
you might be able to address them to the IJC panel later on. It just remains
for me to thank the panel for being with us this morning.
Regular press conference
Statements
Kevin Sullivan OHR
Good morning, there are just a couple points this morning from OHR.
The first concerns, the issue which came up earlier in the week regarding
the publication by Glas Srpski of the 12-page list of names provided by
the Republika Srpska Government Documentation Centre in Banja Luka. The
names purportedly belong to individuals who committed war crimes against
Serb prisoners held in Bosnia and Herzegovina between 1992 and 1996. This
list imputes guilt to individuals who have not had the benefit of due
process of law. Unfortunately some media in this country publish names
of people whom they declare to be war criminals all the time. The Glas
Srpski case is made more egregious because of the apparent complicity
of an official Republika Srpska Government agency in this case. I should
add that we will be releasing a joint statement from OHR and OSCE after
this press conference, making these points on this issue. The Office of
the High Representative and the OSCE Mission to Bosnia and Herzegovina
condemn in the strongest possible terms the Republika Srpska Documentation
Centre's irresponsible communication of the names on this list to Glas
Srpski and Glas Srpski's reckless publication of the list. OHR and OSCE
will register in the clearest possible manner with the Republika Srpska
Government that the activities of the Documentation Centre in this respect
are wholly unacceptable and incendiary in nature. Last year, the High
Representative and the OSCE Head of Mission indicated their intention
to monitor, investigate and act upon allegations of the misuse of power
by public authorities in relation to the media. Recent events surrounding
Glas Srpski and other publicly owned media outlets in the Republika Srpska
indicate that their editorial independence has been compromised by political
interference. Accordingly, OHR and OSCE are launching a full investigation
into this matter and necessary action will be taken.
The second point for this morning. Is a meeting that was held yesterday
between the Principle Deputy High Representative Donald Hays and the Minister
for European Integration Dragan Mikerevic they were joined by the French
and Yugoslav Co-Chairs of the Stability Pact's Initiative on Social Cohesion,
Oliver Villey and Jela Bucolic. They met with the Entity and State Ministers
responsible for health, pensions, welfare system, employment, refugee
return and war veterans in Sarajevo yesterday. The meeting was on the
reform of the social sector, which has important implications for the
most vulnerable groups in society it also, has the complete support of
the international community. The participants agreed on the need to be
transparent about what they are doing visa vie reform, so as to produce
an efficient welfare system in Bosnia and Herzegovina without which a
viable democratic state simply can not be sustained. Among the points
that were agreed were the increased communication and co-operation amongst
welfare institutions and governments at Canton, Entity and State level,
the transparent collection and disbursement of public funds, the thorough
reform of the administrative structure, improved management techniques
and better engagement of personnel and the harmonisation of legislative
frameworks. The participants acknowledged that the social sector is an
Entity competency, however, Minister Mikerevic, Ambassador Hays, and the
Stability Pact's representative's were concerned that Bosnia and Herzegovina,
when competing with other states for support to alleviate the financial
constraints of reforms, may miss opportunities because of the lack of
co-ordination between the Entities. On this subject there will be a joint
Ministry and OHR press release later today. That is it from OHR, so I
will pass you over to OSCE.
Henning Philipp OSCE 09 August 2001
Good morning everybody.
Nothing in addition to what Kevin has said.
Stefo Lehmann UNMIBH
Good morning Ladies and Gentlemen,
We have two points for you today.
First we would like to update you on the entries in to Tuzla airport.
First of all, last night at 1900 hours, the State Border Service based
in Velika Kladusa intercepted 54 Turkish citizens attempting to cross
the border into Croatia in the area of Vrnograc. During interviews given
to the State Border Service and the IPTF, it was determined that these
individuals had in fact entered Bosnia and Herzegovina through the Tuzla
airport. 20 of these individuals stated they had arrived on the Air Bosna
flight to Tuzla on 5 August, the other 34 had arrived on the Air Bosna
flight to Tuzla on the 7th of August. The Aircommerc flight from Istanbul
due to arrive in Tuzla airport this evening at 19:30 will be monitored
by State Border Service inspectors sent from Sarajevo, along with the
Tuzla Canton police. The IPTF will also monitor this inspection. We have
an update on the number of entries in to Tuzla airport, I have them here,
I will not read them out, but I can distribute them. Just to give you
a rough estimate. The Tuzla Canton Authorities compiled these numbers
of entries in to Tuzla airport. In the year 2000 a total of 3,966 individuals
arrived from countries of origin, which have been the point of potential
illegal immigrants, off those 200 left the country, which leaves us with
3,766, which disappeared. That is 2,000. In the year 2001 up to the beginning
of August, a total of 478 have entered through Tuzla airport 14 left,
which leaves us with 464 that have gone unaccounted for. So, 478 and 464
have gone unaccounted for that is a pretty high percentage. We would like
to take this opportunity to commend the State Border Service for their
professional performance and their commitment to protecting the Borders
of Bosnia and Herzegovina. We would also take this opportunity to ask
the national airline, Air Bosne, to reconsider their decision to facilitate
the entry in to Bosnia and Herzegovina of illegal immigrants. The national
airline should not contribute to giving Bosnia and Herzegovina an international
reputation of being the back door in to Europe. Tuzla is a beautiful city,
but the airline's claim that Tuzla is an international tourist destination
is ridiculous.
Our second point regards the court police. Tomorrow, a ceremony will be
held to mark the graduation of new members of the Federation Court Police.
This event marks an important step forward in strengthening the proper
functioning of the Federation judicial system. A total of 33 Court Police
officers will graduate from the Vraca Police Academy after having completed
a six week training course conducted by the Federation authorities at
Vraca also assisted by the IPTF.
9 of these 33 Court Police officers will be deployed in Siroki Brijeg,
all the others will be deployed in Mostar. The ceremony tomorrow will
begin at 11 o'clock. The Special Representative of the Secretary-General,
Jacques Klein, will address the new officers. Of course the media is invited
to attend. Finally the UN joins the OHR and the OSCE in condemning the
irresponsible publication of personal data. Thank you very much.
Majda Prljaca UNHCR
Good morning from UNHCR,
UNHCR are pleased to announce that Tri-partite agreement among UNHCR Sarajevo,
Ministry for Labour social policy refugees, DP's of Canton Sarajevo and
Hilswerk Austria has concluded today. By this agreement parties are regulating
mutual relations with respect to joint implementation of the project in
support of the minority return to locations Lapisnica and Kozija Cuprija
in Municipality Stari Grad. Under Quick Support Fund Programme, UNHCR
has already approved an amount 51,000 KM for urgent repairs of housing
units of Serb returnees to these locations. Cantonal Ministry will deliver
material worth up to 25,000 KM within 30 days. Hilwerk Austria, will implement
the entire project within 90 days, before the winter. UNHCR, hope this
will example will motivate others to co-operate with the local authorities.
Thank you.
Corene Rathgeber IOM
Good morning from IOM,
The International Organisation for Migration announces the application
deadline extension for the return of Judges and Prosecutors to Minority
Areas in Bosnia and Herzegovina Programme, which is funded by the Governments
of Canada and Ireland. This programme is implemented in co-operation with
the Independent Judicial Commission and aims to return up to 35 Judges
and Prosecutors. Institutional grants are provided to upgrade and modernise
the courts employing the Judges and Prosecutors and the returnees are
provided assistance with accommodation. The deadline has been extended
for 3 months to November 30th to allow for more applications. At the present
time few applications have been received, mainly because of the lack of
vacancies announced by the Ministries of Justice, in both entities. IOM
is currently working with the Independent Judicial Commission to address
this problem. Judicial reform through this program is one of the integral
steps to reinforcing the rule of law and encouraging sustainable returns
in Bosnia and Herzegovina.
Thank you.
Captain Andrew Coxhead SFOR
Good day from SFOR,
Just a brief comment today on the SFOR Informer, which is essentially
a tool published by COMSFOR, for the soldiers of SFOR. I would like to
let everybody here, know the paper is always available in this facility.
It often gives good background information to SFOR issues. In particular
there is a new issue out today, it has an interview with General Strik,
he is the General in charge of, Joint Military Affairs, for SFOR. He deals
primarily with the co-ordination between the armed forces of Bosnia and
Herzegovina, as such he is working on common defence policy and structure,
those types of things, so, it is a very interesting article. Also some
other articles including de-mining. I draw to your attention, it is here
for your use, if you should so chose to use it.
Thank you.
Questions & Answers
Kevin Sullivan - OHR: Any questions?
Q: Alexandar Dragicevic - AP: Stefo, did you inform the Turkish
authorities about this situation?
A: Stefo Lehmann - UNMIBH: That is something, I can not answer.
That is something that the State Border Service would be doing. What Air
Bosne is doing is not illegal if these individuals have proper visas or
in fact, if these individuals are not required to have visas. It is difficult
to say what the Turkish Government can do about this. What we think could
happen is that the local authorities should study the possibility of instituting
or strengthening their visa regime with various countries.
Q: Alexandar Dragicevic - AP: I am sorry but it looks pretty strange
to me, I do not think Air Bosne or Aircommerc are responsible for this
situation, they are not in a situation to check passports. Especially,
if these people have 2 weeks to stay in Bosnia?
A: Stefo Lehmann - UNMIBH: They have 2 weeks, the numbers I gave
you were for the entire year. These people are disappearing, coming in
to Tuzla and not leaving form that airport. Additionally we found 54 people,
last night trying to cross the border. Who said that they came with Air
Bosne? Now, Turkish Airlines a respectable company does not go to Tuzla,
they go directly to Sarajevo. They do not say that Tuzla is becoming a
tourist attraction. Further more, just a couple of days ago 12 Turkish
citizens and 3 Tunisians were again refused entry in to Sarajevo, because
of the strict controls being implemented by the State Border Service.
The question is why do Air Bosne want to circumvent the strict border
controls, if they want to go to Tuzla, they can certainly come to Sarajevo
airport then go to Tuzla. Further more, we have to realise that the individuals
who are boarding these planes, are boarding the planes without any luggage,
this might not be illegal, but one has to ask themselves what kind of
image is this airline giving to the rest of the world.
Q: Alexandar Dragicevic - AP: One more question, what is going
on with the Bosnian police at the State Border Service, somebody must
be at that airport in Tuzla?
A: Stefo Lehmann - UNMIBH: As I said the State Border Service,
will be present at that airport. The scheduling deployment of the State
Border Service in Tuzla will not be for several months. We will perhaps
try to anticipate the deployment at the Tuzla airport. However, what will
happen now is the State Border Service is working with the Tuzla Canton
police, to train them in techniques on how to control the inflow of potentially
illegal immigrants, so, they are now working in co-operation with the
Tuzla Canton police. One would think, it is relatively funny, when one
state institution such as the State Border Service is doing their job
properly and the other state institution is trying to circumvent them.
So, you anticipate, once the State Border Service is deployed at Tuzla
airport, what will air Bosne do? Go to Banja Luka airport and then may
be if the State Border Service is deployed at Banja Luka, then they will
go to Mostar. Apparently, it appears it is not illegal, however it certainly
is suspicious.
Q: Alexandar Dragicevic - AP: So, it looks pretty simple, you
can send 5 people from the State Border Service in an hour, to be there
and everything will be done?
A: Stefo Lehmann - UNMIBH: That is what is happening tonight.
Q: Amra Kebo - Oslobodjenje: A question for the UN. Stefo, could you
confirm the information that the Republika Srpska Government received
sealed indictments for some Generals?
A: Stefo Lehmann - UNMIBH: I would like to set the record straight
and I have said this before. We will not confirm any sealed indictments
being issued by the ICTY. If ICTY does not do that, you should not expect
the UN here in Bosnia and Herzegovina to do that.
Amra Kebo - Oslobodjenje: OK, thank you.
Q: Julie Poucher Harbin - IWPR: A question for Stefo. Just how
co-operative have the Croatians Authorities been and the Croatian Border
Service been in all of this. Because all of those people probably are
not still in Bosnia or do you assume they have escaped through Croatia
and gone to the rest of Europe?
A: Stefo Lehmann - UNMIBH: Obviously this presents a problem for
the Croatian Authorities as well. As far as I know there has been good
co-operation with the State Border Service. I do not have the numbers
with me, as to how many people have been delivered back into Bosnia and
Herzegovina, but certainly that is a process, that is occurring.
Q: Julie Poucher Harbin - IWPR: Are they required to have visas
to go to Croatia and not to Bosnia?
A: Stefo Lehmann - UNMIBH: OK. I am not sure about that.
Q: Julie Poucher Harbin - IWPR: Has there been given any thought
given to requiring tourist visas for Turkish citizens. I know, when this
was a problem with Iran they required…
A: Stefo Lehmann - UNMIBH: The visa regime was instituted with
Iran and that proved to be successful. It is something that we believe
should be considered, by the local authorities. However that would also
involve reciprocity.
Julie Poucher Harbin - IWPR: OK. Thanks.
Q: Fedzad Forto - BiH Press: A question for OHR. In your statement
concerning the Glas Srpski case, you mentioned OHR and OSCE are launching
a full investigation in to this matter and necessary action will be taken,
what kind of action, are you going to dismiss some officials or shut the
newspaper?
A: Kevin Sullivan - OHR: Clearly we can not say what action will
be taken until the investigation has begun. The investigation will start
immediately and we will announce the findings as soon as they are available.
Q: Nedim Derisbegovic - Reuters: Could you just tell us what measures
could be at your disposal, if for example the investigation concludes
that some RS officials or editors of the paper were basically doing something
illegal?
A: Kevin Sullivan - OHR: The most useful sequence is to conduct
the investigation, find out what happened, who was responsible, what the
significance is and then act accordingly.
Q: Nedim Derisbegovic - Reuters: What measures do you have at
your disposal, what would you have in any other case?
A: Kevin Sullivan - OHR: All I would say is that an investigation,
will take palace and there will be a tougher investigation and there are
sufficient measures available for the investigation to be undertaken.
Q: Amra Kebo - Oslobodjenje: I am sorry, I did not hear you. Have
you already talked to anybody from the Republika Srpska Government, Mladen
Ivanic?
A: Kevin Sullivan - OHR: The matter will be taken up with the
Republika Srpska Government.
Q: Amra Kebo - Oslobodjenje: You have done that yet?
A: Kevin Sullivan - OHR: This something which is on going.
Amra Kebo - Oslobodjenje: OK, thank you.
Q: Bernard Milosevic - SRNA: Kevin, are there any new details
with regards to the Kotorsko demonstration?
A: Kevin Sullivan - OHR: There was a meeting yesterday, between
OHR officials and the Council of Ministers, we will have more details
on that later on today.
Q: Bernard Milosevic - SRNA: What was agreed?
A: Kevin Sullivan - OHR: As I have already said, we will be releasing
more information, later today.
Q: Fedzad Forto - BiH Press: A question for the UN. What did you
mean with your statement potential illegal immigrants, if they have the
right to go to Bosnia freely?
A: Stefo Lehmann - UNMIBH: Once they try to enter other countries
such as Croatia. That may require visas then they become illegal immigrants.
Q: Fedzad Forto - BiH Press: That is not a Bosnian problem.
A: Stefo Lehmann - UNMIBH: Excuse me.
Q: Fedzad Forto - BiH Press: That is not a Bosnian problem, if
they have the right to go to Bosnia freely?
A: Stefo Lehmann - UNMIBH: Exactly, but once they start their
journey through to Croatia, through to Slovenia etc., that is when they
become illegal immigrants. That is why I say potentially illegal, because
once they come to Bosnia and Herzegovina, they are not illegal. If they,
try to enter Europe without proper visas that is illegal.
Q: Nedim Dervisbegovic - Reuters: Kevin, are you going also go
to investigate allegations by former Bosnian Serb Prime Minister Dodig.
That Republika Srpska customs administration is basically smuggling goods
and using the proceeds to finance Radan Karadzics' bodyguards?
A: Kevin Sullivan - OHR: I do not have any additional information
that would illuminate that any further.
Q: Nedim Dervisbegovic - Reuters: Are going to investigate this?
A: Kevin Sullivan - OHR: I am not aware of any investigation that
is underway. But I can get back to you on that.
Q: Nedim Dervisbegovic - Reuters: Because your colleague in Banja
Luka, I believe on Tuesday said that OHR is aware of some…I believe
she was quoted as saying problematic situation or something. So it like
the OHR is not completely unaware of these alligations?
A: Kevin Sullivan - OHR: If there is going to be an OHR investigation
in to that, we will certainly let you know. A:
Kevin Sullivan - OHR: Any more questions? Thank you very much.
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