OSCE has key role to play in supporting ICTY efforts, says Chief Prosecutor Del Ponte

VIENNA, 7 September 2006 - Carla Del Ponte, the Chief Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY), said today the OSCE was well-placed to help make sure war crimes suspects who have yet not been tried will end up in court.

"All crimes must be punished, all criminals must face justice. We are confronted with an impunity gap. Those who cannot be tried in The Hague because of their lower rank must be tried locally. The assistance of the OSCE has been and continues to be invaluable in this regard, in creating the proper legal, administrative and political conditions," said Del Ponte, addressing a meeting of the OSCE Permanent Council.

Domestic laws preventing the extradition of nationals and the transfer of war crimes proceedings contribute to the impunity gap, Del Ponte said. She called for a meeting to be held with Justice Ministers from the region, the European Commission and the Council of Europe to resolve the issue.

The impunity gap involves cases of direct perpetrators; mid-level commanders who were indicted by the ICTY. Their cases will be transferred to domestic courts because they do not belong to the group of "senior leaders" the U.N. Security Council has prescribed should be tried in The Hague, Del Ponte said.

The OSCE has agreed to monitor these domestic trials. The Chief Prosecutor expressed appreciation for the OSCE authorizing its Missions to carry out this task, and said she was impressed by the quality of the reports she had received so far.

"It is, of course, of tremendous importance for the confidence in these proceedings that the OSCE continues its monitoring activities. The monitoring of cases has been critical in identifying important issues such as the security of witnesses and the integrity of investigations. These activities are as a consequence also useful to enhance the domestic judicial systems as a whole," she said.

"Through its numerous activities, such as training, monitoring and fostering inter-State co-operation in the Western Balkans, the OSCE is a key player. I hope that we can further work together to solve the remaining issues."

Del Ponte also praised the OSCE for placing the Rule of Law at the centre of its work.

"We are all aware that the Rule of Law, which is the cornerstone of all of our efforts to promote democracy, respect for human rights and the development of a functioning market economy, is never finished," she said. "The fight for these values, which are at the core of the OSCE, is a never-ending battle."

The Permanent Council, the OSCE's main regular decision-making body, convenes weekly to discuss developments in the Organization area and make appropriate decisions.