MOTION FOR A RESOLUTION on Serbia: the case of accused war criminal Šešelj

25.11.2014 - (2014/2970(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 135 of the Rules of Procedure

Marie-Christine Vergiat, Patrick Le Hyaric, Marisa Matias, Kateřina Konečná on behalf of the GUE/NGL Group

See also joint motion for a resolution RC-B8-0292/2014

B8‑0306/2014

European Parliament resolution on Serbia: the case of accused war criminal Šešelj

(2014/2970(RSP))

The European Parliament,

– having regard to UN Security Council Resolution 827 on establishing the International Criminal Tribunal for the former Yugoslavia (ICTY) from 25 May 1993,

 

– having regard to ICTY Vojislav Šešelj Initial indictment of 15 January 2003,

 

– having regard to ICTY's Order on the provisional release of Vojislav Šešelj from 6 November 2014,

 

– having regard to ICTY's Opinion of judge Mandiaye Niang to the Order on the provisional release of Vojislav Šešelj from 11 November 2014,

 

– having regard to Rule 135 of its Rules of Procedure,

 

A. whereas reconciliation and the end of impunity for war crimes committed in the Yugoslav wars in the nineties are crucial for stability of the region of the former Yugoslavia;

 

B. whereas Vojislav Šešelj is a Serbian radical nationalist, a politician who was seriously involved in war events in former Yugoslavia, especially in the territory of Croatia, Serbia and Bosnia and Herzegovina; whereas Šešelj's image is still used for nationalistic propaganda, but his political influence has been marginalized; whereas Šešelj's Serbian Radical Party only got 2% of popular vote in the March 2014 General elections in Serbia and has no seat in the National Assembly of Serbia;

 

C. whereas Vojislav Šešelj is accused by the ICTY on the basis of his individual criminal responsibility for the crimes against humanity (persecutions, deportations and forced transfers on political, racial or religious grounds) and violations of the laws or customs of war (murders, tortures, cruel treatments, destruction of villages, destruction of buildings dedicated to religion or education and pillage) committed on the territory of Croatia, Bosnia and Herzegovina and Serbia between 1991 and 1993;

 

D. whereas Vojislav Šešelj was indicted by ICTY on 15 January 2003 and surrendered voluntarily to the tribunal on 24 February 2003; whereas the trial has started on 7 November 2007, the final verdict still has not been made and is not expected until late 2015; whereas ICTY failed to bring to the end the Šešelj's trial after more than 11 years he has spent in prison, having in mind a justice for the victims of the wars in former Yugoslavia;

 

E. whereas Šešelj adopted a hostile attitude towards the ICTY since the start of the trial, by repeatedly interrupting, disrupting and retracting the proceedings before the court; whereas Šešelj was sentenced in 2009 by the ICTY to 15 months in prison for publishing the names and photos of protected witnesses;

 

F. whereas on 6 November 2014 ICTY have approved the provisional release of Vojislav Šešelj, due to his gravely illness; whereas on 12 November Šešelj was released from the prison and returned to Serbia;

 

G. whereas after the release from the prison Šešelj again recently used a hatred speech publicly; whereas his statements and ideology disturbed many people in the countries of former Yugoslavia and are not contributing to the regional conciliation; whereas nationalism is still existing in the countries of former Yugoslavia; whereas antagonism between Croatia and Serbia is frequently used for political purposes, evoking everlasting unnecessary and harmful nationalistic debates;

 

1. Stresses that the end of impunity for war crimes is basic requirement for the countries of the former Yugoslavia in order to achieve public confidence in justice system which is needed for a long-term stability of the region;

 

2. Underlines that good neighbourly relations and regional cooperation of the countries of former Yugoslavia are essential for peace and the prosperity in the region;

 

3. Reminds that perpetrators of war crimes must not be allowed to escape the justice; calls on all countries of former Yugoslavia to bring justice and meeting the rightful expectations of the hundreds of thousands of victims of the wars in former Yugoslavia in order to facilitate reconciliation and peaceful co-existence in the region; stresses the concern for the long delays of the ICTY in processing the cases and delivering a final verdict for those accused of war crimes;

 

4. Expresses deep concern that radical and extreme rhetoric and its manifestations are often misused to redirect the public attention from the real problems of the countries of former Yugoslavia and produce further tensions among people and different ethnic groups and represent an obstacle for a long-term reconciliation in the whole region; calls the politicians in the countries of former Yugoslavia to denounce hate speech, ethnocentric - nationalistic rhetoric and to stop using emotion-based nationalistic agenda for political purposes;

 

5. Takes a view that urgency procedure in the European Parliament should not be misused for the particular interests of the EU Member States;

 

6. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the governments and parliaments of the Western Balkans countries, the United Nations High Commissioner for Human Rights, the Secretary-General of the United Nations and the ICTY’s Office of the Prosecutor.