Dear Mr. President, ladies and gentlemen, members of the delegations

I would point to a few ongoing issues in my speech that refer to the competences of the Mechanism, namely, the possibility of serving the sentences passed by the ICTY and Mechanism in the Republic of Serbia, with the current practice of disabling early release of the sentenced persons as well as obligation of the Mechanism regarding protection of sentenced persons.

The second part of the speech will be dedicated to issues that are opened by the six –month Report on the work of the Mechanism by Mechanism President Mr. Agius and Report by the Chief Prosecutor Mr. Serge Brammertz, especially regarding current cooperation of the Republic of Serbia and the Mechanism.

The third part of my speech, and I noticed that in many of your statements even today, is going to be the view of Serbia on everything that took place in The Hague Tribunal and what the Tribunal verdicts brought to people in the region of former Yugoslavia.

The Republic of Serbia has initiated before the Security Council, on several occasions, the issue of possibility of serving sentences passed by the ICTY and Mechanism in the Republic of Serbia. Beside the efforts to move this issue from “square one”, not a single response was obtained from the Security Council. The majority of persons that are serving their prison sentences are citizens of the Republic of Serbia, and it comes naturally that the Republic of Serbia is interested in enabling them to serve their prison sentences in the Republic of Serbia.

ICTY and the Mechanism are making references to the Security Council as an institution in charge of dealing with this issue.

I am ready to reiterate here the readiness of the Republic of Serbia to take over obligations and liability for executing prison sentences that the Tribunal or Mechanism passed on the citizens of the Republic of Serbia, under the monitoring of the Mechanism and full respect for the authority of the Mechanism regarding early release.

Mr. President

A particular problem that we are facing with is disturbance by the judicial institutions established in the territory of Kosovo and Metohija, which is within Serbia and which is under Interim Administration of the UN. We are witnesses of attempts of retrial for two citizens that are serving their prison sentences for which they had already been trialed before the ICTY. More concretely, in previous period there was an attempt for hearing of Nebojša Pavković and for obtaining extradition of Vlastimir Đorđević.

I urge on the Mechanism and Security Council to prevent attempts of violation of the principle ne bis in idem, a civilization principle that was confirmed in Article 7 (1) of the Statute of the Mechanism and to disable retrials for persons already convicted by the ICTY, particularly to make sure that it is not done in the territory which is under interim UN administration.

Mr. President,

President of the Mechanism (Mr. Carmel Agius), apart from the regular Report, delivered also on 11 May 2021 a letter to the President of the Security Council, whose subject is the alleged omission of the Republic of Serbia to apprehend and turn over to the Mechanism Petar Jojić and Vjerica Radeta, indicted of contempt of court, claiming that in this way the Republic of Serbia was acting contrary to its obligations towards the UNSC Resolution 1966 (2010) and asking the Security Council to take measures in order to ensure that Serbia meets the alleged obligations in accordance with the Mechanism Statue and Resolution 1966.

The point of the argumentation of the President of the Mechanism comes to that that the Republic of Serbia has the obligation to deprive of liberty and extradite to the Mechanism its citizens accused of contempt of court, regardless of the nature of accusation, circumstances under which such an order was made and consequences that might result from its implementation.

It is about accusations that do not refer to sever violations of international humanitarian law and that are related to a case before the ICTY, which ended in 2018 (Vojislav Šešelj case), by acquitting the defendant in the first instance, and upon the Prosecutor’s complaint the defendant was declared guilty and sentenced to a 10-year imprisonment, which was covered by the time he spent at the UN Detention Unit.

Judge Agius states that Serbia ignores its obligations in accordance with the Resolution 1966 (2010). Quite the opposite- the Republic of Serbia takes seriously its obligations regarding cooperation with the Mechanism. After the warrant for apprehension and extradition of the two persons accused of contempt of court to the Mechanism had been introduced, the Higher Court in Belgrade established that assumptions for their apprehension and extradition to the Mechanism had not been met. The decision is founded on the rules of international law and domestic law of the Republic of Serbia and it is mandatory for holders of the executive power in the Republic of Serbia.

I would remind here that the first decision of a sole judge (Aydin Sefa Akay, 12 June 2018), that was acting in this case was that the criminal prosecution of V. Radeta and P. Jojić for alleged contempt of court was to be forwarded to the judicial authorities of the Republic of Serbia. In procedures that followed, the argument of the alleged unwillingness of the witnesses to cooperate with the judicial authorities of the Republic of Serbia was stated for the first time, and the decision on deprivation of transferring the case to the jurisdiction of the judicial authorities of the Republic of Serbia was based on the respective argument.

The Republic of Serbia expressed its readiness to take over the court procedure against Petar Jojić and Vjerica Radeta on several occasions and it provided appropriate guarantees. Additionally, the Republic of Serbia fully recognizes and accepts the obligation of the Mechanism to monitor trials that were transferred to national courts with the help of international and regional organizations, as well as to take measures envisaged by Article 6 of the Statute of the Mechanism.