08/03/2006 OHR Sarajevo

High Representative: Publication of Srebrenica List Would Not Serve Justice

Publication of the list of names drawn up by the RS Srebrenica Working Group, listing every individual serving in an official, police or military function in the Srebrenica area at the time of the Srebrenica Massacre, would not serve the cause of justice, the High Representative, Christian Schwarz-Schilling, said today.

This list is in the hands of the BiH Prosecutor’s Office, and is the basis for investigations now being carried out by the Chief Prosecutor.

“The only legitimate and effective response to crime – and the Srebrenica Massacre is one of the most odious crimes of the late twentieth century – is to pursue the perpetrators under the law,” the High Representative said. “The law must be respected – it is the means of securing justice.”

Earlier this week the Chair of the BiH Presidency, Sulejman Tihic renewed his call for the list to be published.

The High Representative reminded Mr Tihic that, as the OHR has stated previously, the BiH Criminal Procedure Code makes no provision for publishing the names of people under investigation. In addition, publishing names on the list compiled by the Srebrenica Working Group could jeopardize investigations now underway, encouraging those named to put themselves beyond the reach of the Prosecutor.

“The prosecutorial and judicial system must be allowed to work,” the High Representative said. “Let me be very clear – publishing lists of names would be contrary to the sifting of fact and the conclusive attribution of responsibility which is at the heart of a fair and effective judicial system.”