VIII.Recommendations
To the War Crimes Chamber
To the Registry
Continue with efforts to recruit additional international prosecutors, and ensure that these positions are adequately funded to attract and retain qualified candidates.
Make additional allocations for local and/or international prosecutors for assignment to the Special Department for War Crimes as required, and particularly in the event that there is a rise in the number of cases for investigation and prosecution.
Make the necessary staff provision for language assistance to the Special Department for War Crimes to ensure the timely and accurate translation of prosecution material.
Ensure ongoing support to the Witness Support Office in providing financial allowances to vulnerable witnesses when necessary, to facilitate the experience of providing testimony.
To the Public Information and Outreach Section
Monitor the functioning of the Court Support Network on a regular basis to ensure that the level of support and information dissemination provided is consistent in all regions of the country.
o This may include engaging an independent evaluator to monitor the functioning of the Court Support Network.
oWhere problem areas are identified in the Court Support Network with respect to the dissemination of information, the Public Information and Outreach Section should assume the responsibility of information dissemination about the work of the War Crimes Chamber.
Resume the coordination function with respect to visits by victims once there is an increase in trials, so that the Witness Support Office can devote its resources to assisting witnesses in individual cases.
Continue to build strong relationships with the local media to maximize the impact of the War Crimes Chamber on the people of Bosnia.
To the authorities of Bosnia and Herzegovina
Allocate additional resources to the War Crimes Unit of the State Investigation Protection Agency, so that it has the resources necessary to conduct effective investigations, in the following respects:
oIncrease the salaries of all War Crimes Unit officers to ensure the remaining vacant posts are filled immediately with qualified applicants.
oProvide the War Crimes Unit with the necessary equipment, such as additional vehicles and a dedicated and secure fax machine.
oSolicit funds from the international donor community where additional financial assistance is required.
Amend the Criminal Procedure Code in the following respects:
oAllow for the transfer of proceedings in all war crimes cases, except where the defendant would be subject to the death penalty.
oInclude representation rendered by defense advocates as a "necessary expense" to permit their compensation throughout war crimes proceedings.
oInclude defense investigators as a "necessary expense" of the defense in war crimes cases.
Amend the payment scheme applicable to court-appointed defense attorneys in the following manner:
oClearly indicate that preparation time by court-appointed defense advocates will be compensated.
oInclude payment to individuals other than the defense attorney who conduct investigations on behalf of indigent defendants in war crimes cases.
Amend the Law on the Protection of Witnesses to eliminate the possibility of concealing the identity of a witness from the defendant in all criminal proceedings.
To the authorities of Serbia and Montenegro and of Croatia
Provide specific guarantees to facilitate participation of Bosnian witnesses in all war crimes cases transferred by the Bosnian authorities to be tried before courts in Serbia and Montenegro and in Croatia. This could include, for example, giving witnesses the option of providing testimony through a video link in every case transferred by the Bosnian authorities.
Undertake the necessary measures to abolish the existing ban in the countries' respective constitutions on the extradition of nationals to other states to stand trial for the most serious crimes, including war crimes.
To the International Criminal Tribunal for the former Yugoslavia
Continue with plans to:
oProvide access to the ICTY's Judicial Database (JDB) for prosecutors and defense attorneys in Bosnia.
oDesignate additional staff members to address requests for evidence from Bosnia, as well as other jurisdictions within the former Yugoslavia, to facilitate national prosecutions by ensuring that requests for information and evidence are handled as efficiently as possible.
To the international donor community
Ensure that the organs necessary for the effective functioning of the War Crimes Chamber, including the Special Department for War Crimes of the Office of the Prosecutor, the Criminal Defense Support Section (OKO), the Witness and Victims Support Office and the Public Information and Outreach Section, are adequately funded.
Respond positively to requests for support to increase the funding provided to these respective organs and the War Crimes Chamber generally.
Coordinate efforts to ensure essential assistance is provided to the cantonal and district courts to facilitate fair and effective war crimes trials.