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The Government of the Republic of Serbia

In the service of citizens

Hague investigators to receive access to documentation and archives

Belgrade, 8 December 2005

Serbian Prime Minister Vojislav Kostunica said today following his meeting with Chief Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) Carla del Ponte that they have agreed that Serbia will hand over available documentation to ICTY investigators, which is needed for the small number of remaining cases.

Kostunica voiced expectation that the problems that have hindered cooperation with the ICTY will be removed after today's meeting, and that Serbia will get closer to the common mutual aim when it comes to punishing all perpetrators of war crimes.

"The Serbian government's willingness to conclude its cooperation with the Tribunal is very clearly stated, and proof of this are the improved relations between Belgrade and The Hague, as well as a change in the overall climate and attitude towards this institution", said the Prime Minister.

According to Kostunica, after so many solved cases and everything that has so far been done, it is quite logical that there is strong and determined willingness in Serbia for solving the remaining cases. There is nothing that could be seen as a hindrance or obstruction of justice. On the contrary, Serbia is willing and decided to solve the remaining cases, he pointed out.

Summarising the results of Serbia's cooperation with the ICTY up until now, Kostunica stressed that there has been improvement in the cooperation, and that bearing in mind the many years of this cooperation, most of the country's obligations have been fulfilled. What is left is far less than what has been done, he added.

All in all, the cooperation with the Tribunal and the prosecution has improved and there is mutual trust. The proof of this is the satisfactory way in which Serbian courts are handling certain cases, which is supervised by the Organisation for Security and Cooperation in Europe (OSCE), said Kostunica.

He added that a new Criminal Code has been adopted in the meantime, and that it properly defines all actions related to war crimes. Serbian legal institutions get a lot of assistance from the OSCE, the European Council and UNDP, said Kostunica, adding that he would be much more satisfied if the remaining cases were solved and the issue of using Serbia's archives and documentation concluded.

He pointed out that when speaking about the cooperation with the Hague tribunal, not everything is done solely between Serbian authorities and the Tribunal, but that the reconciliation policy in the region is also very significant because of the events in Serbia's recent past.

He recalled that thanks to its policy of reconciliation, the Serbian government has improved its relations with neighbours by solving all issues that should improve and upgrade the position of those who still feel the consequences of war.

Del Ponte voiced hope that positive results will follow today's meeting when it comes to getting access to documentation, adding that the Tribunal will send its lawyers and legal representatives to look into the archives, even the military ones.

She stressed that there are no doubts that institutions are functioning, but that this is insufficient. She added that all runaway indictees will be apprehended.

It is necessary to find all the indictees, as well as to discover who is helping and protecting them, said Del Ponte. This is the task of the Serbian government and the ICTY will assist in it, she concluded.