Ministry of Defence withholding information on active-duty members of Army of Serbia indicted of war crimes

On 18 July 2016, the Commissioner for Information of Public Importance and Personal Data Protection (Commissioner) sent a request to the Government of the Republic of Serbia to ensure the execution of his decision of May 2014, which ordered the Ministry of Defence (MoD) to provide the Humanitarian Law Center (HLC) with information as to whether two officers of the Army of Serbia (VS) – Pavle Gavrilović and Rajko Kozlina – remained in active service after an indictment was raised against them for a war crime. The HLC believes that complying with the request of the Commissioner and ordering the MoD to communicate the information requested should be a priority for the Government, in order to make it clear that state authorities may not violate the public’s right to know the facts about past crimes and the role played by the state in these crimes, especially where people who are still in the public office have been involved in them.





Only two trial days have been held since the filing of the indictment for the war crime in the case of Trnje two years ago, while the Ministry of Defence has been refusing since the beginning of the trial to act on the final decision rendered by the Commissioner for Information of Public Importance (Commissioner) and inform the public about the present status of the two defendants in the Serbian Army (VS). The Humanitarian Law Center (HLC) emphasizes that the delays in the beginning of the trial and the unlawful acts of the respective Ministry degrade the trials for the crimes committed during the nineteen-nineties and discourage victims who have been waiting for justice for 16 years now.



The Humanitarian Law Center (HLC) demands that the Chief of the General Staff of the Serbian Armed Forces, Ljubiša Diković, suspends Pavle Gavrilović and Rajko Kozlina, persons indicted for the crime in Trnje committed against Kosovo Albanians on March 25th, 1999, from the Serbian Armed Forces, until the completion of the proceedings.