Articolo

Pubblichiamo la versione integrale in lingua inglese del Decreto approvato il 25 giugno scorso dalla RFY riguardante la collaborazione con il Tribunale Internazionale dell'Aja per i crimini di guerra.Il testo è stato distribuito dall'ufficio ICS di Belgra

     DECREE
Regarding the procedure of co-operation with the International Crimes TribunalJune 25, 2001
I General Regulations
Article 1

(1) This decree regulates the procedure of co-operation of the Federal Republic of Yugoslavia with the International Tribunal for the criminal prosecution of persons responsible for heavy violation of international humanitarian law on the territory of Former Yugoslavia from 1991 (hereinafter called the International Crimes Tribunal), and carries out the obligations of the Federal Republic of Yugoslavia, resulting from the Security Council Resolution no: 827 (1993) and the International Criminal Tribunal Statute.
Article 2

(1) The demands for co-operation or the carrying out of some of the decisions of the International Crimes Tribunal are to be delivered to the Federal Ministry of Justice.
(2) After the Federal Ministry of Justice has established the validity of the demand (article 3) it will be delivered to the authority in-charge for further procedure.

(3) Co-operation with the International Crimes Tribunal will be conducted in Serbian or in one of the languages used by the International Crimes Tribunal with a translation in Serbian.
Article 3

(1) A demand for co-operation or the carrying out of decisions of the International Crimes Tribunal will be accepted if it is based on the regulations of the Statute and Rules of Procedure and Evidence of the International Criminal Court, and if it is not in contrary to the Constitution of the Federal Republic of Yugoslavia.
(2) If the authority in charge appraises that the particular procedure of co-operation can endanger the sovereignty or national security interests, it will inform the republic government.

(3) If the republic government appraises that the fulfillment of the demands would endanger the sovereignty or national security interests, it will order the ministry in charge of justice affairs to inform the International Crimes Tribunal and submit an objection according to the rules of procedure and evidence.
Article 4

(1) The local jurisdiction of the courts and other governmental authorities, which act upon the demands for co-operation of the International Crimes Tribunal, is determined by the regulations valid for defining the jurisdiction in the criminal procedure, or in some other procedure in which the act for realizing co-operation is carried out.
Article 5

(1) The procedure regarding the demands of the International Crimes Tribunal is urgent.
(2) The courts, the prosecutors' offices or other governmental authorities will immediately, or at the latest within three days inform the Federal Ministry of Justice about the acts which have been undertaken or the demands of the International Crimes Tribunal which have been carried out, as well as the obstacles which arose during the procedure.

Article 6
(1) At the suggestion of the Federal Ministry of Justice, the Federal Government is allowed to form a special body for carrying out co-operation affairs with the International Crimes Tribunal. The decision regarding the founding of such a body will in detail determine its duties and powers in accordance with Resolution no.827 of the Security Council and the Statute of the International Crimes Tribunal.

(2) The Federal Government is allowed to name the FRY observers within the International Crimes Tribunal.
Article 7

(1) The International Crimes Tribunal is allowed to have its office on the territory of the Federal Republic of Yugoslavia.
(2) The legal status of the International Crimes Tribunal Office is arranged with a special agreement.

Article 8
(1) The regulations of this decree are put into effect on all persons who are found on the territory of the Federal Republic of Yugoslavia regardless whether they are foreign or local citizens.

II The Authorization of the International Crimes Tribunal to take over the investigation in the Federal Republic of Yugoslavia.
Article 9

The investigating authorities and the International Crimes Tribunal prosecutor, on the territory of the Federal Republic of Yugoslavia, with the purpose of discovering a felony within its jurisdiction can take the following steps:
1) collect information from citizens; 2) question suspects, defendants, harmed persons, witnesses and court experts, and carry out autopsies and exhume bodies; 3) collect material evidence; 4) observe and copy documents regarding the violation of the International Humanitarian Law, including those made or collected by Yugoslav legal and other governmental authorities.

Article 10
(1) While carrying out the above from article 9, the tribunal representatives cannot use force to apply measures that restrict the rights and freedom of the citizens of the Federal Republic of Yugoslavia and other persons on its territory, and neither act in contrary to international law standards.

(2) If it is needed to apply measures, which restrict the rights and freedom of its citizens, the International Crimes Tribunal investigating authorities will appeal to the Federal Republic of Yugoslavia authority in-charge with a demand for the measures to be applied.
(3) While carrying out the steps from article 9, the authorities of the International Crimes Tribunal cannot act in contrary to the regulations of the Federal Republic of Yugoslavia, or in any way that can violate its sovereignty or national security interests.

Article 11
(1) The Republic Government makes decisions regarding the exemption of witnesses from further keeping government and military secrets, as well as the viewing of documents which relate to government and military secrets.

III The passing over of criminal procedures which are carried out in local courts.
Article 12

(1) The demand of the International Crimes Tribunal to hand over the criminal prosecution of persons against which the criminal procedure is being conducted in authorized courts in FRY must be justified, and a delivered confirmed indictment must follow.
(2) The decision to hand over the criminal prosecution is brought by the council of the district or higher court in-charge, composed of three judges. The council will refuse the demand to hand over the criminal prosecution if the demand is not related to the same person and the same criminal act, if the criminal act is not in the jurisdiction of the International Crimes Tribunal, or if the defendant has already been convicted of the same crime and the sentence is in effect by an authorized court in the Federal Republic of Yugoslavia.

(3) In extreme cases the criminal procedure which has been ended by a sentence in effect, will be handed over to the International Crimes Tribunal if the demand is related to a repeat of the procedure in front of the International Crimes Tribunal regarding the regulations of article 10, paragraph 2 of the Statute of the International Crimes Tribunal.
(4) At the meeting of the council from paragraph 2 of this article, the authorized public or the Federal Attorney, the defendant and his lawyer have to be invited, and they are allowed to present their reasons and proposals regarding the demand of the International Crimes Tribunal for the handing over of the criminal procedure. The meeting of the council will take place even if those invited are not present, and also in the case if the accused is in hiding or the court cannot reach him.

Article 13
(1) Regarding the decision to hand over the criminal procedure to the International Crimes Tribunal, the authorized public or Federal Attorney, the defendant and his lawyer can file a complaint within eight days. The complaint withholds the execution of the decision.

(2) Regarding the complaint from paragraph 1 of this article, the decision is made by the Republic Supreme Court through the council, which is composed of five judges, within fifteen days of the receipt of the complaint.
(3) The council of the Supreme Court can refuse the complaint as groundless or accept it and suspend or change the decision of original jurisdiction.

(4) After the decision regarding the handing over of the criminal procedure has gone into effect, the decision together with the documents regarding the case have to be delivered to the republic ministry authorized or in charge of justice affairs.
(5) If the obstacles from article 3, paragraph 1 and 2 of this law do not exist the republic ministry authorized for justice affairs will deliver the documents of the case to the International Crimes Tribunal.

Article 14
(1) The criminal procedure, which is held by the local court, will be cancelled, if it is permitted to be handed over to the International Crimes Tribunal.

(2) If the case in the jurisdiction of the local court is permitted to be handed over to the International Crimes Tribunal is a felony, which is not in the jurisdiction of the International Crimes Tribunal, the procedure led by the local court will be cancelled until it is tried by the International Crimes Tribunal.
(3) The verdict brought by the court in the Federal Republic of Yugoslavia for a felony for which the handing over procedure comes into effect, will not be carried out, and if it is in process it will be cancelled on the day that the accused is handed over to the International Crimes Tribunal.

Article 15
(1) A defendant who is tried by the International Crimes Tribunal cannot be tried for the same felony in the Federal Republic of Yugoslavia.

IV The appropriate use of the regulation of the law of criminal procedure.
Article 16

(1) The judiciary in the republics and the republic government carries out the procedure foreseen by the regulations of the Chapter XXXI in the Law of Criminal Procedure.
Article 17

(1) The appropriate regulations of the Law of Criminal Procedure in the above article will be appropriately applied in the procedure of co-operation with the International Crimes Tribunal for all accused.
(2) In the procedure led by the regulations in the above paragraph of this article, the authorities in charge will also apply the legal rules foreseen by the Statute of the International Crimes Tribunal.

V Offering legal aid to the International Crimes Tribunal.
Article 18

(1) On the demand of the International Crimes Tribunal the Federal Republic of Yugoslavia governmental authorities in-charge will carry out certain investigations, collect the required facts of the felony and the perpetrator and other details needed for the criminal procedure, to issue warrants, take measures to protect witnesses, deliver court summonses and other written documents which have to be sent by the International Crimes Tribunal to persons with residency in the Federal Republic of Yugoslavia and to perform other duties important for the procedure to be carried out by the International Crimes Tribunal.
(2) The representatives of the International Crimes Tribunal will be allowed to be present during the carrying out of the duties from paragraph 1 of this article, as well as being allowed to ask questions, give suggestions and perform other duties in connection with the procedure.

Article 19
(1) Upon the demand of the International Crimes Tribunal the Federal Ministry of Justice will allow the transit of the defendant, witnesses and other persons through the territory of the Federal Republic of Yugoslavia.

(2) The Federal Republic of Yugoslavia governmental authorities in-charge will undertake duties needed for the safe transit of persons from paragraph 1 of this article, including the restriction of freedom of persons whose transit is being carried out.
VI The carrying out of verdicts of the International Crimes Tribunal on the territory of the Federal Republic of Yugoslavia.

Article 20
(1) The verdict of the International Crimes Tribunal, which comes into effect, can be carried out in the Federal Republic of Yugoslavia. The Federal Ministry of Justice will inform the International Crimes Tribunal regarding the readiness of the Federal Republic of Yugoslavia to imprison the condemned in its jails.

(2) The jail sentence is carried out in accordance with the regulations of the Federal Republic of Yugoslavia.
(3) The International Crimes Tribunal will be allowed to supervise the carrying out of the sentence.

Article 21
(1) If the conditions to pardon, reduce the sentence or release on parole are acquired in accordance with the regulations of the Federal Republic of Yugoslavia, the International Crimes Tribunal will be informed with the aim for a suitable decision to be made.

VII Other regulations
Article 22

(1) The Federal Ministry of Justice can ask for financial compensation for the expenses made by the Federal Republic of Yugoslavia, expenses related to co-operation with the International Crimes Tribunal carried out upon its demand.
Article 23

(1) The judges, the prosecutor and the registrar of the International Crimes Tribunal have immunity and benefits foreseen for the diplomatic representatives in the Federal Republic of Yugoslavia.
(2) The clerks of the office and other representatives of the International Crimes Tribunal have immunity and benefits recognized by international law.

Article 24
(1) Regarding the details that are not regulated in this decree (e.g. summonses, bringing to justice, promises made by defendant that he will not leave the country, guarantee, issuing warrants, the procedure regarding complaints of a decision of pre-trial confinement, the procedure of carrying out pre-trial confinement, etc.), the appropriate regulations of the Law of Criminal Procedure will be applied.

Article 25
(1) This decree comes into effect the day after it has been published in "The Yugoslav Official Register".

The Federal Government

Vice-President

E.p. no. 111
23rd June 2001

Belgrade

Miroljub Labus