Europe

Serbia
Last Reviewed: 11 December 2008

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POLITICS

Presidential Elections, 3 February 2008

On Sunday 3 February, Boris Tadic (DS) was re-elected as President following the final round of elections. The Election Commission's final results, stations are as follows:

Boris Tadic (DS) 50.31%
Tomislav Nikolic (Radicals) 47.97%

Parliamentary Elections, 11 May 2008

Serbia held parliamentary and local elections on 11 May 2008. These elections were brought on by the collapse of the Serbian government following the withdrawal of the DSS from the ruling coalition. The preliminary assessment of the International Election Observation Mission (IEOM) was that the elections were conducted in line with Serbia’s international commitments. The IEOM has concluded that the elections were professionally conducted, vigorously contested, open and covered by neutral media. However there were some concerns regarding the threat of violence made against some leading politicians. Entitled citizens voted abroad, with polls conducted in neighbouring Montenegro, Bosnia-Herzegovina and further afield, including in the UK.

The results showed an increase in parliamentary representation for pro-EU, pro-reform parties and a corresponding decline in the number of deputies from the more radical and nationalist parties. The EU and Member States, including the UK have welcomed the positive results for the pro-EU parties. This is a clear indication of Serbia’s desire for EU integration. Following the elections the major parties were engaged in lengthy coalition talks before a coalition government was finally formed on 7 July 2008. The coalition government is made up of the Democratic Party, under the leadership of Tadic, the Socialist Party of Serbia, led by Dacic, and G17 PLUS under Dinkic. Mirko Cvetkovic (DS) is the new Prime Minister in this coalition government, while the other ministries have been shared out between the coalition parties.

The results of the parliamentary election were as follows:

Party/Coalition Party Leader Parliament Seats % of Votes Cast
Democratic Party (DS) Coalition* Boris Tadic 102 38.44
Serbian Radical Party (SRS) Tomislav Nikolic 78 29.36
Democratic Party of Serbia (DSS)/New Serbia Vojislav Kostunica 30 11.59
Socialist Party of Serbia (SPS)* Ivica Dacic 20 7.6
LDP Alliance Cedomir Jovanovic 13 5.24
Hungarian Coalition Istvan Pastor 4 1.81
Bosniak Ticket for a European Sandzak Dr. Sulejman Ugljanin 2 0.92
Coalition of Albanians of Presevo Valley 1 0.41

The Parties that make up the Democratic Party Coalition are: DS, G17PLUS, SPO, SDP and LSV.
The parties that participate jointly with SPS are: PUPS (Party of United Pensioner of Serbia) and JS (United Serbia)

September 2008 saw a bitter rift develop in the Serbian Radical Party. The breakaway Serbian Progressive Party formed by Tomislav Nikolic quickly gained support, becoming the second most popular party.

The recent past: 2000-2007

On 7 July 2008 a coalition government was formed in Serbia between the Democratic Party, Socialist Party of Serbia and G17 PLUS.

A landslide victory by the newly elected President Kostunica's DOS coalition in the Serbian Assembly elections in December 2000 saw Democratic Party (DS) leader Zoran Djindjic appointed as Serbian Prime Minister.

From 2001 until 2003, the DOS coalition government made good progress in building a democratic and stable future for Serbia. They implemented reforms in Serbia's administrative and legal institutions; devolved more power to the regions; brought stability to Southern Serbia (the Presevo Valley); and helped foster better relations with neighbours and the international community. Also the government's team of mainly young technocrat economists succeeded in reforming the banking system and tackling the inflation and currency instability that were a feature of life under Milosevic.

In March 2003 Prime Minister Djindjic was assassinated, and 6 months later the DOS lost its parliamentary majority. Early Parliamentary elections took place on 28 December 2003. Overall turnout was 58.8%, with the Serbian Radical Party winning most votes and gaining 82 of the 250 seats in government.

On 3 March 2004, the Serbian Assembly voted in a new minority government comprising the DSS, G17 Plus and SPO-NS, with support in the Assembly from the SPS. Former Yugoslav President Vojislav Kostunica was appointed Serbian Prime Minister.

Following Montenegro’s independence, Serbian Government got two new Ministries: Ministry of Foreign Affairs and Ministry of Defence

Serbian parliamentary elections were held on 21 January 2007 following Montnegro’se independence andthe adoption of new Serbian Constitution. A coalition government was formed on 15 May 2007 between the Democratic Party (DS), the Democratic Party of Serbia (DSS) and G17PLUS. lus The leader of the DSS, Vojislav Koštunica, served as Prime Minister of this coalition government.

The President

In June 2004, former SaM Defence Minister, DS leader Boris Tadic was elected President of Serbia. Serbia had been without an elected President since December 2002, when the International Criminal Tribunal for the Former Yugoslavia indictee Milan Milutinovic's term ended. Two sets of elections in 2002 and a third in 2003 were declared invalid because voter turnout failed to reach 50%. However in February 2004, the Serbian Parliament removed the 50% minimum turnout requirement and on 27 June 2004 Tadic was elected President with 53.7% of votes in a second round run-off. His SRS opponent, Tomislav Nikolic, won 45.0%. The turnout was 48.7%.

The Constitution

On 30 September 2006, the Serbian Parliament unanimously endorsed a new Constitution for Serbia. This text was then put to a referendum on 28/29 October 2006.The electorate approved the new Constitution with 53.04% voting in favour and the Parliament promulgated the new Constitution on 9 November 2006.

The new Constitution contains some positive provisions on human rights and the protection of minorities. It is also positive that Serbia has decided to replace Milosevic's text. But concerns have been expressed, including by the Venice Commission and the European Commission in its Annual Progress Report on Serbia, about the transparency of the process by which the new text was agreed.

Following the endorsement of the Constitution by the Serbian Parliament on 09 November, President Tadic called parliamentary elections on 21 January 2007.

Under the Law on the Implementation of the Constitution, elections for the President, Vojvodina Assembly and local authorities were to have been and were by the end of 2007

Organised Crime

Like many countries in the Balkans region, Serbia has a problem with organised crime. In the 1990s, criminals in war-torn parts of the former Yugoslavia exploited the vacuum created by the conflicts of the 1990s and the isolation due to international sanctions, to establish lucrative networks, which reached into government and retarded social and economic development. Organised crime and corruption continue to pose a threat to the rule of law and sound and accountable institutions.

On 12 March 2003, Serbian Prime Minister Zoran Djindjic was assassinated outside a government building in Belgrade. In the immediate aftermath of the assassination the Serbian Government imposed a 42-day State of Emergency, during which a nation-wide crackdown on organised crime ('Operation Sabre') enabled the Government to make great progress in eradicating the influence of organised crime in Serbia. It resulted in the arrest of 4000 people, some of whom belonged to different organised crime gangs in connection with the assassination (for which the Government had blamed, in particular, a group known as the 'Zemun clan'); the authorities resolved 14 other murders; 3 kidnapping cases, and 200 drug related crimes. During the State of Emergency, the remains of former Serbian President Ivan Stambolic were found. He had been missing since August 2000. Charges were brought against, among others, Slobodan Milosevic, Milosevic's wife Mirjana Markovic, and Zemun clan leader Milorad Lukovic 'Legija', in connection with Djindjic’s murder.

The trials of 36 persons indicted for the assassination of Serbian Prime Minister Zoran Djindjic, began on 22 December 2003. The prime suspect, Milorad Lukovic 'Legija', surrendered to police in May 2004.

Since PM Djindjic's assassination, positive steps have also been made towards implementing reforms within judicial, political and military institutions. On 25 March 2003, the government ordered the disbanding of the JSO (Special Operations Unit) of the Serbian Interior Ministry, the so-called 'Red Berets', for its links to organised crime and Slobodan Milosevic's regime. Since October 2000 a number of judges from the Milosevic era have been removed. However, there is still much to be done by the current Serbian Government in establishing an independent judiciary and prosecution service, including a functioning witness protection system, and in reforming the state security structures in order to tackle organised crime more effectively.

On 23 May 2007 President Tadic was in Court to hear the presiding judge Mesarovic and her two colleagues in the Special Court find twelve men guilty, passing maximum 40-year sentences on two of the accused, Milorad Ulemek (aka 'Legija') and Zvezdan Jovanovic. They had been respectively the Head and Deputy Head of the Milosevic-era Special Operations Unit (JSO). The Court found that Ulemek had planned the killing and Jovanovic had carried it out. The other defendants, including some other former members of the JSO, received sentences of between 8 and 35 years. Five are still on the run and were sentenced in absentia.

Appellate proceedings before the Supreme Court are under way. Appeals were lodged only by the Defence.

Both Defence and Prosecution announced they would appeal the verdicts. The Defence argued that the media had unfairly influenced the trial. The Prosecution said that all the accused should have been given the maximum sentence. Meanwhile all seven defendants currently held will remain in custody.

HUMAN RIGHTS

Following the fall of the Milosevic regime, the human rights situation in Serbia has greatly improved. Problems still remain, although many are typical of countries political and economic transition. Serbia has ratified the majority of human rights-related international conventions and since the separation from Montenegro, Serbia remains bound by these agreements. Full and practical implementation of these legal provisions is now important. The authorities have made some progress. For example, 'Minority Councils' for most of the major ethnic groups in Serbia have been established, which provide a more effective means for minorities to raise issues of concern with authorities. A Serbian Government strategy for tackling discrimination and better integration of the Roma community is also a positive development. The Serbian Government has also taken positive steps to address the inter-ethnic related problems in Southern Serbia.

We continue to encourage further efforts by the Serbian authorities in these and other areas. Establishing freedom of the media, an independent judiciary, police reform, better accountability mechanisms for treatment of detainees by prison and law enforcement agencies, and combating human trafficking are key areas to address. Serbia also needs to continue to tackle the problems associated with the conflicts of the 1990s, in particular, improving the situation for refugees and Internally Displaced Persons (IDPs), bringing to justice those who perpetrated war crimes of mass genocide and ethnic cleansing, and addressing the issue of 'missing persons'.

The UK regularly raises human rights issues with the Serbian authorities and continues to fund projects to help improve the human and minority rights situation, through FCO and DFID funding. In recent years we have funded a successful 'Tolerance' campaign by the former State Union Government; human rights awareness training for legal practitioners, journalists and local authorities; reconciliation related projects; the promotion of inclusive education for minorities; and improving the provision of legal advice for victims of trafficking.

ICTY

The International Criminal Tribunal for the former Yugoslavia (ICTY) was established in 1993 by the United Nations and is situated in The Hague in the Netherlands. It was set up through UN Security Council Resolution 827.

The objectives of the Tribunal are: to bring to justice those allegedly responsible for violations of international humanitarian law; to render justice to the victims of these crimes; to deter further crimes; and to contribute to the restoration of peace by promoting reconciliation in the former Yugoslavia. All members of the United Nations are legally obliged to co-operate with the ICTY.

The trial of former Yugoslav President Slobodan Milosevic

Former Yugoslav President Slobodan Milosevic is defending himself at the International Criminal Court in The Hague

The Serbian Authorities arrested Slobodan Milosevic on 1 April 2001 and he was transferred to The Hague on 29 June 2001. The ICTY issued three indictments against Milosevic for alleged war crimes committed in BiH, Croatia and Kosovo accusing him of crimes against humanity, grave breaches of the Geneva Conventions, violations of the laws and customs of war and genocide. His arrest and detention was one of ICTY's biggest achievements as he was the first head of state to face an international court since the Nuremberg Trials for the atrocities during WW2.

His trial started on 12 February 2002 with the prosecution presenting its case against Milosevic for alleged crimes committed in Kosovo, with the case for BiH and Croatia following on 26 September 2002. The ICTY prosecution finished presenting evidence against Milosevic on 25 February 2004. On 31 August 2004, the trial resumed with Milosevic calling evidence in his defence.

Milosevic represented himself in his trial, and the trial was delayed many times due to his ill health. Because of this, in September 2004, the Trial Chamber assigned a defence counsel to represent him. Milosevic appealed this decision, and his appeal was upheld. However the Trial Chamber maintained the right to impose a defence counsel if Milosevic was unable to attend court.

The trial was due to last four years (until 2006), but Milosevic died unexpectedly in custody on 11 March 2006 of natural causes. His case was subsequently terminated. Milosevic's body was returned to Serbia where he was buried in his home town, Pozarevac.

The court transcripts of the Milosevic trial can be found on the ICTY website.

United Nations - ICTY

Other ICTY Indictees

On 10 April 2002, the Federal Republic of Yugoslavia (FRY) passed a law on Co-operation with the ICTY. Although not perfect, this law provided a framework for the Federal Republic of Yugoslavia's, and therefore Serbia's, co-operation with ICTY, which included the transfer of people indicted for war crimes the ICTY in The Hague and granting the ICTY full access to archives and witnesses in Serbia.

The law was amended on 14 April 2003 by the then Serbia and Montenegro government so that all indictees, regardless of the date their indictment, would be extradited to The Hague.

During 2004 Serbia's co-operation with the ICTY was poor. At her address to the UN Security Council in November 2004, ICTY Chief Prosecutor Carla Del Ponte said that Serbia was “the single most important obstacle faced by the Tribunal”. 2005 saw improved co-operation, with a number of transfers to The Hague, including high profile indictees such as Serbian Generals Vladimir Lazarevic, Sreten Lukic and Nebojsa Pavkovic, indicted for war crimes in Kosovo. This co-operation helped contribute to the positive outcome of the Commission's Feasibility Study in April 2005. But since April 2005 there have been few significant ICTY developments from Serbia, although Milan Lukic was detained in Argentina in August 2005 and transferred to The Hague in February 2006.

On 8 May 2006, following a series of negative reports from Carla Del Ponte about the level of co-operation from Serbia, EU Enlargement Commissioner Olli Rehn suspended Serbia's SAA talks. On 12 February, the General Affairs and External Relations Council, attended by the Foreign Secretary, welcomed the Commission’s “readiness to resume negotiations on a Stabilisation and Association Agreement with a new government in Belgrade provided it shows clear commitment and takes concrete and effective action for full co-operation with the ICTY”.

This remained the case until Serbia improved co-operation with The Hague, resulting in the restart of SAA talks on 13 June 2007. Key to this decision was the capture of ICTY indictee Zdravko Tolimir; who was arrested on 1 June 2007. Tolimir was indicted for his role in the genocide at Srebrenica and is charged with crimes against humanity, genocide, and war crimes.

On 17 June 2007, another ICTY indictee Vlastimir Djordevic was arrested in the Montengrine town of Budva. He was Assistant Minister at the Serbian Interior Ministry between 1997 and 2001 and was wanted for his alleged role in the displacement of 800,000 Kosovo Albanians in 1999.

On 12 October 2007, the Serbian Government offered a reward of one million Euros for the capture of war crimes fugitive Ratko Mladic The UK will continue to press Serbia to take the necessary steps in respect of the ICTY co-operation.

On 1 January 2008, Serge Brammertz officially became the fourth Chief Prosecutor for the ICTY.

On 11 June 2008, the Serbian authorities arrested Stojan Zupljanin on the outskirsts of Belgrade. Zupljanin was one of the four remaining ICTY indictees. He is accused of crimes against humanity and war crimes. Zupljanin has since been transferred to The Hague for trial.

On 21 July 2008, Radovan Karadžić, the former President of the Republika Srpska (Bosnia and Herzegovina) was arrested by Serbian authorities in Belgrade. He is charged with genocide; crimes against humanity; violations of the laws or customs of war and grave breaches of the Geneva conventions of 1949. Karadzic was transferred to The Hague on the 29 July 2008 for trial. On 30 August, Karadzic refused to enter a plea, the court entered a plea of not guilty on his behalf.

Further details of the indictments against both Stojan Zupljanin and Radovan Karadzic can be found on the ICTY website: www.un.org/icty

Serbia is expected to hand over two more ICTY indictees still at large: Ratko Mladic and Goran Hadzic.

Domestic War Crimes Trials

On 2 July 2003, the Serbia government passed legislation that facilitate trials of war criminals in Serbia for crimes committed in the former Yugoslavia, regardless of the citizenship of the perpetrator or victim. The law provides for an investigation unit, a special detention centre and a witness protection programme. On 22 July 2003, the Serbian Parliament appointed Vladimir Vukcevic as war crimes prosecutor.

The special War Crimes Court opened on 9 March 2004 when six Serbs stood trial accused of their alleged involvement in the Vukovar (Ovcara Farm) massacre in Croatia in 1991. In May 2004 a further 11 suspects were charged. On 7 Sept 2006, 14 were found guilty, including Sasa Radak, who was sentenced to 20 years’ imprisonment. On 14 December 2006, following appeals made by both the prosecution and the defence that the initial case had not been conducted properly, Serbia’s Supreme Court ordered a retrial of these 14 men.

In March 2004, a court in Belgrade sentenced an ex-police reservist to 20 years imprisonment for killing 14 and injuring five Kosovo Albanian women and children in March 1999. This was known as the Podujevo trial. The UK government assisted the Serbian judiciary by enabling the surviving victims, now living in the UK, to travel to Belgrade and give their testimonies at the trial. This was the first time non-Serb victims of war crimes had testified at a trial of this kind in Serbia. In late 2004 the Serbian Supreme Court ordered the retrial of this case due to 'gross violations of criminal procedure and witness interrogation provisions'. The Supreme Court confirmed the verdict in February 2006. Another four men suspected of the crime were arrested on 19 October 2007.

On 18 May 2006, the Serbian Supreme Court upheld the Belgrade District Court’s conviction of Milan Lukic, Dragutin Dragicevic, Oliver Krsmanovic, and Djordje Sevic of the "Osvetnici" (Avengers) armed group within the Republic of Srpska Army for the kidnapping and murder of 16 Bosniaks from the village of Sjeverin. This crime took place in Mioce, in Bosnia and Herzegovina, in October 1992.

On 18 September 2006 the War Crimes Chamber of the Belgrade District Court, presided by judge Olivera Andjelkovic, found Anton Lekaj, a former member of Kosovo Liberation Army, guilty of war crimes against the civilian population, and sentenced him to 13 years in prison.

On 10 April 2007 the Serbian War Crimes Chamber handed down verdicts on five members of a military unit filmed executing six young Muslims near Srebrenica in BiH in July 1995. The Chamber sentenced two of the accused to 20 years in prison, one to 13 years (a reduced sentence in recognition of a guilty plea) and one to five years. A fifth person was acquitted and released.

The Chamber found that there was no evidence linking the actions of the military unit, known as "Scorpions", to Belgrade and that they had received their orders from the Commander of the Bosnian Serb forces Republika Srpska Army.

Local reactions to the verdicts were mixed, with some - including Serbia’s President Tadic - asking why the maximum sentences were not given. A leading human rights organisation disputed the judgement, claiming that the accused were part of a paramilitary unit linked to Serbia’s state security. They also criticised the Chamber's ruling that there was no proven link between the crimes these men committed and the massacre of about 8,000 Bosnian Muslims in nearby Srebrenica, which also took place in 1995.

It is likely that the judgement will be appealed to the Supreme Court of Serbia.

The UK supports all efforts to bring those responsible for war crimes to justice as part of the process of regional reconciliation.