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Continue with efforts to recruit additional international
prosecutors, and ensure that these positions are adequately funded to attract
and retain qualified candidates.
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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.
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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.
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Ensure ongoing support to the Witness Support Office in providing
financial allowances to vulnerable witnesses when necessary, to facilitate the
experience of providing testimony.
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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.
o
Where 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.
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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.
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Continue to build strong relationships with the local media to maximize
the impact of the War Crimes Chamber on the people of Bosnia.
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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:
o
Increase the salaries of all War Crimes Unit officers to ensure
the remaining vacant posts are filled immediately with qualified applicants.
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Provide the War Crimes Unit with the necessary equipment, such as
additional vehicles and a dedicated and secure fax machine.
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Solicit funds from the international donor community where
additional financial assistance is required.
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Amend the Criminal Procedure Code in the following respects:
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Allow for the transfer of proceedings in all war crimes cases,
except where the defendant would be subject to the death penalty.
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Include representation rendered by defense advocates as a
“necessary expense” to permit their compensation throughout war crimes
proceedings.
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Include defense investigators as a “necessary expense” of the
defense in war crimes cases.
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Amend the payment scheme applicable to court-appointed defense
attorneys in the following manner:
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Clearly indicate that preparation time by court-appointed defense
advocates will be compensated.
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Include payment to individuals other than the defense attorney
who conduct investigations on behalf of indigent defendants in war crimes
cases.
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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.
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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.
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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.
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Continue with plans to:
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Provide access to the ICTY’s Judicial Database (JDB) for
prosecutors and defense attorneys in Bosnia.
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Designate 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.
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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.
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Respond positively to requests for support to increase the
funding provided to these respective organs and the War Crimes Chamber
generally.
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Coordinate efforts to ensure essential assistance is provided to
the cantonal and district courts to facilitate fair and effective war crimes
trials.
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