OSCE MISSION: SERBS DISADVANTAGED AT ALL STAGES OF WAR CRIMES TRIALS IN CROATIA

ZAGREB, March 1 (Hina) - In Croatia, defendants of Serb ethnic background are disadvantaged at all stages of judicial proceedings compared to Croats, the Organisation for Security and Cooperation in Europe (OSCE) Mission to Croatia said in a press release on Monday.#L# The Mission made the conclusion on the basis of monitoring of some 75 war crimes trials in 2002. A report on the monitoring of the trials is expected to be published on the Mission's website later on Monday. "There must be one standard of criminal responsibility applied equally to all those who face war crimes charges before the Croatian courts, regardless of ethnic or religious affiliation," said Mission chief Peter Semneby. "The report suggests that further reform is needed in order to meet this goal, which the authorities have pledged to pursue," the press release read. One of the conclusions in the report is that Serbs are much more likely than Croats to be convicted when put on trial. In 2002, 83 percent of all Serbs put on trial for war crimes were found guilty, in comparison to 18 per cent of Croats. An example of the disadvantaged position of ethnic Serbs is the fact that "trials in absentia, used primarily for Serbs, continued". "Procedural shortcomings in lower courts are proven by the high reversal rate (95 percent) of Serb convictions which are examined by the Supreme Court. Also, in re-trials, a majority of Serbs previously convicted are exonerated," reads the press release. It further quotes Semneby as saying that "the lack of even-handedness in the treatment of war crimes in the courts continues to be an obstacle to refugee return". The report notes that the Mission's concerns were confirmed by senior government officials in Croatia and that "the Chief State Prosecutor has acknowledged irregularities and has mandated a review of approximately 1,850 pending war crime cases". (Hina) ms sb