Note:
Translation of documents at this page is unofficial. In the case of any deviation
and difference between translated document and version on Serbian language,
the version on Serbian would be considered as authentic document.
LAW
ON COOPERATION
OF REPUBLIC OF SRPSKA
Article
1.
This
law defines procedures for co-operation of Republic of Srpska with
International Tribunal for Prosecution of Persons Responsible for
Serious Violations of International Humanitarian Law Committed in the
Territory of the Former Yugoslavia Since 1991 (hereinafter “The Tribunal”).
International court and national courts shall have concurrent jurisdiction to prosecute persons for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1 January 199, respecting the fact that International court have the primacy over the national courts.
Courts
from paragraph 2. of this article are competent for criminal prosecution
of physical persons who are personally responsible, in accordance with
single criminal responsibility, as predicted in Article 7. of the Tribunal
Statute.
Article
2.
Co-operation with the Tribunal refers to
prosecution of persons solely in regard of the crimes defined in articles
2,and which is related to the Grave breaches of the Geneva Conventions
of 1949, article 3, which is related to the Violations of the laws
or customs of war, article 4, which is related to the genocide and
article 5, which is related to the Crimes against humanity of Statute
of the Tribunal that are committed in the territory of the former Yugoslavia
since 1 January 1991.
Co-operation shall be performed in the manner defined in Statute
of the Tribunal and Rules of Procedure and Evidence of the Tribunal.
Article
3.
Government of Republic of Srpska is responsible for legal and efficient
course of co-operation with the Tribunal.
Co-operation
with the Tribunal shall be carried out trough the Ministry of Justice,
judiciary organs, Ministry of Interior and Ministry of Defence.
Article
4.
Any requests or orders
that might be issued according to its relevant right the Tribunal shall
submit to the Ministry of Justice (hereinafter “The Ministry”), who
shall forward them to the authority which is competent to carry them
out, according to this law. Communication with the Tribunal shall be
done through this Ministry.
Organs from the Article 3. Paragraph 2 of this Law may appoint officers
for connection, with determination of their duties and authorisations.
The
Government of Republic of Srpska may appoint special officer for relationship
with the Tribunal, defining his/her duties and authorities, who may
have his/her own office in the Tribunal seat.
Article
5.
When the Tribunal decides to ask for help from Republic of Srpska,
to obtain evidence after the Tribunal's request, the authority competent
for performance of that is the investigative judge of the district court
for the territory where the evidence is located.
When
it is necessary to take statements from the suspected, defendants,
witnesses or court experts (expert witnesses), to conduct field investigation
(reconstruction of events), to perform autopsy of exhumation of corpse,
the investigative judge shall inform the Tribunal of date, time and
location of performance of these investigative actions, if so requested
by the Tribunal.
In
performance of these investigative actions the investigative judge shall
act subsidiary according to the provisions of the Law on Criminal Procedure.
If the Tribunal demands for fulfilment of any special conditions or forms
the investigative judge may take that into account.
When
the Tribunal prosecutor demands to obtain personally evidences from
the paragraph 2 of this article the investigative judge shall enable
that issuing order in his behalf and undertaking measures he is authorised
for by this Law and the Law on Criminal Procedure.
When
it is necessary to confiscate things (documents, etc.) that can be
used as evidence in a procedure, the investigative judge shall immediately
enforce request for help issued by the Tribunal. The investigative
judge shall also enforce any Tribunal decisions, which request temporary
protection measures. When such orders received from the Tribunal, applying
provisions of the Law on Criminal Procedure, he/she also may take
into consideration any special requests if contained within the order.
Article 6.
The provisions of the
Article 5. of this Law are also going to be applied on right of the defence
of accused persons, from the moment of his/her first appearance before the Tribunal
until the end of the procedure, if the defence request is submitted in
accordance with the Rules of procedure and evidences of the Tribunal.
Article
7.
If the Ministry judges,
on its own or after initiative of another competent authority, that certain
act within co-operation might cause damage to interests of Republic of
Srpska, it shall inform the Government, which will bring the decision
on concrete demand.
If the Government
decides that disclosure of certain information or documents might endanger
interests of Republic of Srpska security, it shall order to the Ministry
to inform the Tribunal of such, in a view of regulation 54 bis E (iii)
of the Tribunal Regulation on Procedures and Presentation of Evidence,
and to lodge demand for the annulment of the request.
Article
8.
Court in Republic of Srpska are obliged,
in accordance with the regulations of the “Roman Road”, to immediately
inform the Tribunal as soon as they initiate procedures for criminal acts
for which the Tribunal is competent.
Provisions
of the paragraph 1 of this Article does not prevent application of
special international treaties concluded in regard of this matter.
Article
9.
On the Tribunal's request,
competence over criminal charges in indictments initiated at courts of
Republic of Srpska, against defendants accused for criminal acts for
which the Tribunal is competent, shall be renounced in behalf of the
Tribunal. The Decision of transfer of competence and delegation of the
case shall be issued by the district court council (article 23, paragraph
6 of the Law on Criminal Procedure).
Provision
of the paragraph 1. of this article shall be applied also in the cases
effectively finished at a domestic court, if the conditions of the
article 10 of Statute of the Tribunal are fulfilled.
Article
10.
After transfer of competence and delegation of case to the Tribunal,
defendant cannot be charged at any court in Republic of Srpska for the
same criminal acts, and the proceedings in course shall be suspended.
If, in the meanwhile,
any court in Republic of Srpska pronounces a verdict, ant it becomes
effective, for the same criminal acts, against the same defendant,
the verdict shall not be enforced, and if its enforcement is in course
it shall be suspended as of the date when the defendant is delivered
to the Tribunal, of which a decision shall be brought by the Minister
of Justice.
Article
11.
If verdict pronounced
by the Tribunal does not include all of the criminal acts for which there
are effective verdicts in Republic of Srpska, a court of Republic of
Srpska shall amend such a verdict in view of its punishment, accordingly
applying provisions of the Law on Criminal Procedure referring to repetition
of procedures.
Article
12.
Convict whose quilt is judged by the Tribunal cannot be charged
for the same act in Republic of Srpska, nor previous verdicts of Republic
of Srpska courts for the same criminal act can be enforced against him.
Article
13.
When a procedure is renounced in behalf of the Tribunal, according
to the provisions of this law, procedure at domestic courts can be resumed
only under the following circumstances:
a)
if the Tribunal prosecutor decides not to bring charges;
b)
if the Tribunal judge rejects indictments;
c)
if the Tribunal pronounces itself non-competent;
d)
if the Tribunal renounces its competence over the charges in accordance with
the regulation 11-bis, of the Regulation on Procedures and Presentation of
Evidence.
When
the conditions of the paragraph 1 of this article are fulfilled, effective
verdict of domestic court remains effective.
Article
14.
When there is a risk of escape or another reason provided for in
the Rule 40 of the Tribunal Regulation or Procedure and Presentation
of Evidences, Ministry for Internal Affairs , after request from the
Tribunal prosecutor, will arrest person suspected for commitment of criminal
acts for which the Tribunal is competent, but it is obliged to bring
the suspected to the investigative judge of the competent court at once
and not later than 24 hours.
Having
investigated the said parson and having performed other necessary evidence
(investigation), the investigative judge shall decide whether to keep
the person arrested or to release him/her. The investigative judge
has to make such decision within 24 hours from the time suspected was
brought to him. Detention must not be pronounced unless reliable evidence
for identification and information of the charged criminal act for
that person has been obtained.
The
arrested and his/her defence attorney have the right to file an appeal
against the decision of detention. The appeal can be filed only for
mistake in identification of the arrested, or if there is no basic
information of the criminal act for which the detention has been ordered.
For the appeal procedure provisions of the Law on Criminal Procedure
are applied.
Detention
on this basis cannot last more than three months, form the date of
arrestment. If detention due to delivery is not pronounced within that
period, the investigative judge shall release the arrested.
Article
15.
Tribunal request for arrestment and delivery of the defendant, no
matter of his/her citizenship, shall be taken into account provided that
the request is furnished with:
a)
base for the request
b)
Tribunal judge order for arrestment and delivery of the defendant,
c)
Instruments for reliable identification of the defendant.
District
court council is to make decision on request from the paragraph 1 of
this article (article 23 paragraph 6 of the Criminal Procedure Law).
Locally, the competent court is the one where the residence of the
defendant is. The court that pronounced detention according to the
article 14 of this law, or made original decision on renunciation of
competence in behalf of the Tribunal, shall remain competent for decisions
on detention due to delivery to Tribunal also. If defendant's residence
is not known the court where criminal act has been committed shall
be competent. If competence cannot be determined according any of these
criteria the competent court shall be appointed by the Supreme Court.
If the defendant is at large or he/she is not accessible to prosecuting
authorities in Republic of Srpska, and if it is determined that the
request for arrestment and delivery is justified, the competent court
shall order issuance of wanted circular according to provisions of
the Law on Criminal Procedure.
Before
deciding on detention and delivery the court shall hear the defendant
and shall perform other necessary investigations.
The
defendant and his/her defence attorney have the right to file an appeal
against the decision on detention and delivery, at the Supreme Court
of Republic of Srpska, within three days from the day of receipt of
decision.
Supreme Court
shall decide upon the appeal within three days from the date of receipt
of the case.
Article
16.
At any time when the defendant
or the suspected are investigated according to this law, or if other
measures are undertaken in relation with them, they must have a defence
attorney. If they do not choose the attorney themselves, the attorney
shall be appointed officially, in accordance with the provisions of the
Law on Criminal Procedure.
Article
17.
After coming of the decision of delivery into effect, the Minister
can temporarily delay its enforcement only for the reason of severe illness
of the defendant, which prevents his/her travel, and after the RS and
Tribunal physician team has performed certain check-ups.
Article 18.
Besides the cooperation in investigations
performed by the Tribunal investigators, authorized bodies in Republic
of Srpska, when requested by the Tribunal, shall perform individual
investigative operations, collect needed data regarding criminal act,
violators and other facts important for the criminal proceedings, issue
wanted circular, send summons and other letters sent by the Tribunal
to people in Republic of Srpska and perform other actions for the proceedings
at the Tribunal.
Article 19.
Effective
verdict of the Tribunal for the citizens of Republika Srpska shall be
enforced in Republic of Srpska unless the Tribunal orders differently.
Punishment
from the paragraph 1 of this article shall be enforced according to the
regulations of Republic of Srpska.
It
shall be absolutely made possible for the Tribunal to fully supervise
the enforcement.
Article 20.
If the convict serves the sentence in Republic
of Srpska, and when conditions for pardon, reduction of sentence or
paroling are met according to the regulations of Republic of Srpska,
the Minister of Justice shall inform the Tribunal of that, according
to the article 28 of Statute of the Tribunal.
Article 21.
For anything that is not
regulated by this law, provisions of the Criminal Code, Law on Criminal
Procedure and the Law on Execution of Criminal Sanctions of Republika
Srpska shall be applied. Acting after the Tribunal requests is urgent
and the Tribunal is to be informed without delay of everything relevant
for efficient course of co-operation.
Article 22.
RS Government will, with special regulation, regulate financial support to the persons from the RS, whose detention was ordered by the Tribunal's decision or by the decision of RS organs brought in accordance with this law, and to the members of their families.
Article
23.
The
RS Government shall regulate, with special regulation, material compensation
for physical and other damages, to the persons who are processed in accordance
with this law, by mistake or without legal base.
Article 24.
This law comes into force on the eighth
day after being published in “Official Gazette of Republic of Srpska”.
