(Brussels, March 9, 2004)—German Chancellor Gerhard Schröder should send a clear message to Croatian Prime Minister Ivo Sanader that Croatia’s full cooperation with the war crimes tribunal in The Hague is a precondition to EU membership negotiations with the country, Human Rights Watch said today. The two leaders are scheduled to meet in Berlin on Wednesday.
In a letter to the German chancellor, Human Rights Watch called on Schröder to rectify comments he made in October 2003, during his last visit to Croatia. He reportedly stated that the start of Croatia’s EU membership talks should not be conditioned on the surrender of an indicted Croatian war crimes suspect, General Ante Gotovina, to the International Criminal Tribunal for the former Yugoslavia (ICTY).
At the same time, the German chancellor expressed the view that Gotovina was living outside Croatia, thus giving support to the Croatian government’s claim that it was not in a position to surrender him. The ICTY Prosecutor’s Office believes that Gotovina has been hiding in Croatia since July, when the tribunal made public its indictment against him. Carla Del Ponte, the ICTY prosecutor, openly blames the Croatian government for failing to make serious efforts to apprehend the fugitive general.
“As a traditionally strong ally of Croatia, Germany is in a particularly suitable position to encourage Croatia to fulfil its human rights obligations,” said Lotte Leicht, Brussels office director of Human Rights Watch. “This time, Schröder should clearly tell his Croatian counterpart that Croatia’s EU membership bid hinges on its cooperation with the Hague Tribunal.”
Boosting political support for Croatia’s EU membership is a key objective of the Croatian premier’s visit to Berlin. The European Commission is currently examining Croatia’s application for EU membership, submitted in February 2003. But the Commission is unlikely to issue a positive opinion unless Croatia surrenders General Gotovina to the ICTY or clearly demonstrates that he is outside the government’s reach.
In its letter, Human Rights Watch also raised concerns about refugee returns and the need for genuine efforts by Croatian authorities to bring to justice in domestic courts those war crimes suspects not tried before the ICTY. Tangible progress in both areas should be a precondition to EU membership, Human Rights Watch said.
The Croatian prime minister, who took office after national elections in December, has issued encouraging statements on refugee returns, but concrete efforts and improvements are still lacking.
Domestic war crimes trials in Croatia suffer from glaring ethnic bias. Ethnic Serbs are much more likely than ethnic Croats to be indicted and convicted for war crimes, including on relatively minor charges from which ethnic Croats virtually enjoy full immunity.
“Nearly ten years after the war, refugees still find it difficult to return home to Croatia, and war crimes remain unpunished,” said Leicht. “Schröder should encourage Prime Minister Sanader to take concrete steps to end this longstanding stalemate.”
