Компетентни органи във връзка с издаване на европейска заповед за запор на банкови сметки по трансгранични дела

Author(s): Radostina Nikodimova / Language(s): Bulgarian Publication Year: 0

The European Bank Preservation Order, еstablished by Regulation (EU) No 655/2014, as an alternative to existing legal procedures in each EU Member State. The procedure facilitates EU debt collection and serves as an additional safeguard in cross-border debt recovery in civil and commercial matters. This statement aims to guide finding the competent authorities for issuing a European Bank Account Preservation Order. Competent authorities under the procedure for implementing Regulation (EU) No 655/2014 can be distinguished in several directions: I. Competent authorities for issuing of the preservation order; II. Competent enforcement authorities; III. Courts or enforcement authorities competent to provide remedies;IV. Competent authorities with which an appeal is to be lodged; V. Others.

Форма на пророгационното споразумение по граждански и търговски дела с международен елемент

Author(s): Kristian Raychev / Language(s): Bulgarian Publication Year: 0

The purpose of this scientific report is to briefly outline the main points relating to the form of the jurisdiction clause in international civil and commercial matters with regard to the arrangements contained in EU law. Part of the relevant case law of the Court of Justice of the European Union has been discussed, analyzing some of the most recent rulings interpreting the legal framework.In this regard, the report provides guidance to law enforcement authorities on the basic principles and understandings that must be taken into account when assessing their international competence arising from an agreement between the parties.

Monitoring War Crimes Trials

Author(s): Vesna Teršelič,Milena Čalić-Jelić,Jelena Đokić Jović / Language(s): English Publication Year: 0

The biggest expectations, concerning an expected response from the state institutions to crimes and political violence, are related to trials. Since the trials, from the very moment when crimes were committed, have been recognized as the only adequate response of the state legal institutions, they have been followed in public with interest and tension. We are all aware of the fact that ending investigations and then raising indictments and holding trials are complicated by the fact that proceedings are being brought against direct perpetrators and commanders who were in power not only at the time when crimes were committed, but have remained powerful even today. After more than six decades since the first trials against defendants for war crimes and crimes against humanity were held before tribunals in Nuremberg and Tokyo, it has become clear that judgements, even when they were perceived as just by the legal professionals as well as by survivors and the public, have not always brought the expected satisfaction. Social expectations related to the work of the International Criminal Tribunal for War Crimes Committed in Former Yugoslavia, established by the UN Security Council in 1993, which is getting closer to the end of its most intensive part of work and starting of a residual mechanism, as well as expectations related to processing war crimes in post-Yugoslav countries, have been realized only partially. Public opinion polls, conducted in 2006, showed that the highest number of citizens preferred war crimes trials, as sanctions for committed crimes, but the courts’ work ranked relatively low. On the scale 1 to 5, the Hague tribunal ranked on average 2.3, while domestic courts ranked 2.5 (Kardov: 119).

Praćenje suđenja za ratne zločine

Author(s): Vesna Teršelič,Milena Čalić-Jelić,Jelena Đokić Jović / Language(s): Croatian Publication Year: 0

Najveća očekivanja, u smislu priželjkivanog odgovora državnih institucija na zločine i političko nasilje, vezana su uz suđenja. Baš zato što su suđenja, od samog trenutka počinjenja zločina, prepoznata kao jedini pravi odgovor institucija pravne države, u javnosti ih se prati sa zanimanjem i nervozom. Svi smo svjesni da okončanje istraga i optuživanje te suđenje otežava činjenica da se postupci vode protiv direktnih počinitelja, ali i zapovjednika koji su često bili moćni ne samo u vrijeme počinjenja zločina, već su ostali vrlo utjecajni i danas.

Evropski sud za ljudska prava i zaštita od diskriminacije: Jurisprudencija i evolucija standarda

Author(s): Edin Hodžić,Zlatan Meškić,Mario Reljanović,Vanja Kovač,Amila Kurtović / Language(s): Bosnian

Publikacija je objavljena uz podršku američkog naroda preko Američke agencije za međunarodni razvoj (USAID). Autori ove publikacije su odgovorni za njen sadržaj i stavovi koji su u njoj izneseni ne odražavaju stavove USAID-a, Vlade Sjedinjenih Američkih Država niti fonda otvoreno društvo BiH.

Krivična djela počinjena iz mržnje: izazovi reguliranja i procesuiranja u BiH

Author(s): / Language(s): Bosnian

Ovaj zbornik je nastao kao rezultat projekta “Procesuiranje mržnje: prema usvajanju i implementaciji najboljih standarda i praksi Evropske unije u borbi protiv krivičnih djela počinjenih iz mržnje u BiH”, koji implementiraju Udruženje tužilaca Federacije BiH i Analitika – Centar za društvena istraživanja, a uz podršku Ambasade Kraljevine Norveške u BiH.

Ratni zločini u Brčkom '92-'95. – presude

Author(s): Ljubinka Petrović-Ziemer / Language(s): Bosnian

This publication contains final convictions for war crimes committed in Brčko. The Brčko District Court issued the following verdicts: Asmir Tatarević and Armin Omazić, Branko Pudić, Dimče Ivčev and Dražen Urošević, Džemal Zahirović Špajzer, Fikret Hasanović and Pepa Pavić, Fikret Smajlović Piklić, Galib Hadžić and Niaz Hodžić; Kosta Kostić, Miloš Milošević and Race Simić; Konstantin Simonović, Monika Ilić-Karan, Nikola Vujić, Pero Mišić, Pero Rikanović; Jarić and others. Also, there are two verdicts for war crimes, namely Džemal Zahirović Špajzer and Fikret Smajlović Piklić, for crimes committed in the Batković camp near Bijeljina. The reason why these two verdicts were included in this publication is that in the Batković camp there were numerous citizens of Brčko of Bosniak nationality.

Ratni zločin u Trusini – presude

Author(s): / Language(s): Bosnian

The terrible suffering of Croats took place in the village of Trusina near Konjic on April 16, 1993. The soldiers of the Army of the Republic of Bosnia and Herzegovina (ARBIH) attacked the village and killed 22 Croats. They were mostly civilians, including several women, and members of the HVO who surrendered because their families were captured by members of the ARBIH. The survivors, about 150 of them, were captured in a house, where they spent the night and were exchanged after two days. For the war crime in Trusina, Edin Džeko was sentenced to 13 years in prison and Rasema Handanović to five and a half years in prison.

Ratni zločini u Višegradu – presude

Author(s): / Language(s): Bosnian

This publication contains a total of nine verdicts for war crimes committed in Višegrad before the Court of Bosnia and Herzegovina and the Supreme Court of FB&H, which convicted Boban Šimšić, Dragan Šekarić, Miloš Pantelić, Momir Savić, Nenad Tanasković, Novo Rajak, Oliver Krsmanović, Predrag Milisavljević, Vitomir Racković and Željko Lelek. In addition to the verdicts, the book also includes a list of exhumed persons missing in the area of Višegrad.

Ratni zločini u Foči – presude

Author(s): Lejla Čengić / Language(s): Bosnian

This book contains verdicts passed before the Court of Bosnia and Herzegovina and the Cantonal Court in Sarajevo, which concern war crimes committed in the area of the pre-war municipality of Foča. The book contains the following subjects: Gojko Janković, Jasko Gazdić, Krsto Dostić, Mitar Rašević and Savo Todović; Neđo Samardžić, Novica Tripković, Radovan Stanković and Veselin Čančar. They were sentenced to four to 34 years in prison. Gojko Janković received the highest prison sentence. Some of the convicts are already free today. Mitar Rašević was released from the Foča Penitentiary in 2010, and Savo Todović in 2014. In addition to the verdicts, the book includes a list of names of persons who have been exhumed from mass graves and who disappeared in the area of the pre-war municipality of Foča.

Ratni zločini na Grbavici – presude

Author(s): Lejla Čengić / Language(s): Bosnian

This book contains verdicts passed before the Court of Bosnia and Herzegovina and the Cantonal Court in Sarajevo, which concern war crimes committed in the area of Sarajevo’s Grbavica. Thus, the book contains the following subjects: Duško Dabetić Dabe, Predrag Mišković, Saša Baričanin, Veselin Vlahović Batko and Zoran Dragičević Krompir. They were sentenced to six to 42 years in prison. The highest sentence was given to Veselin Vlahović, better known as the monster from Grbavica, who as a member of the armed forces of the Army of Republika Srpska killed, tortured, inhumanely treated the civilian population, raped, took hostages, punished collectively, illegally imprisoned and robbed people. In addition to the verdicts, the book includes a list of names of persons who have been exhumed from mass graves and disappeared in the area of Grbavica.

Ratni zločini u Sanskom Mostu – presude

Author(s): Lejla Čengić / Language(s): Bosnian

During the war against Bosnia and Herzegovina (1992 – 1995), the municipality of Sanski Most was occupied by the forces of the Army of the Republika Srpska (VRS), from the spring of 1992 until October 10, 1995. Part of the non-Serb population was forced to leave the city, but a part of Bosniaks and Croats remained in the city during the war, so they were often mistreated, tortured, humiliated, forced to dig trenches and do forced labor. When it comes to trials for war crimes committed in the area of Sanski Most, it should be pointed out that they were tried in several courts: the Cantonal Court in Bihać, the Court of Bosnia and Herzegovina, but also in the International Criminal Tribunal for the Former Yugoslavia (ICTY), and in the High Court for war crimes in Belgrade.

Ratni zločin u Grabovici – presude

Author(s): / Language(s): Bosnian

The Grabovica massacre refers to the murders of 33 ethnic Croat inhabitants of the village of Grabovica located between Jablanica and Mostar by members of the Army of the Republic of Bosnia and Herzegovina. The massacre occurred during Operation Neretva '93, which aimed to conquer HVO-controlled areas from Bugojno to Mostar. The victims included 17 women and one child. The youngest victim was Mladenka Zadro, a four-year-old girl, and the oldest, 87-year-old Marko Marić. This publication includes three convictions for war crimes committed in the village of Grabovica, issued by the Cantonal Courts in Mostar and Sarajevo, and the Supreme Court of the Federation of Bosnia and Herzegovina. They were sentenced Enes Šakrak, Haris Rajkić, Mustafa Hota, Nihad Vlahovljak, and Sead Karagić from nine to thirteen years in prison.

Ratni zločin u Sijekovcu, Predmet: Zemir Kovačević

Author(s): / Language(s): Bosnian

This war crime occurred on March 26, 1992, when various formations mixed between Bosniaks and Croats, with the markings of Croatian military formations, crossed the Sava River from Croatia and committed a war crime against the Serb population in Sijekovac. The motive and cause of the attack on Sijekovac remains questionable to this day. Serbian sources claim that Croat-Bosniak forces killed civilians and set fire to around 50 houses in the village without any reason, while Human Rights Watch states that it could not establish allegations of massacre because it was an armed conflict between Serb and Croat-Bosniak soldiers, while which killed about 20 soldiers. Civilian casualties in that conflict occurred by accident, when the locals found themselves between two conflicting parties. In May 2014, the Court of Bosnia and Herzegovina sentenced Zemir Kovačević to ten years in prison. As a member of the Intervention Platoon of the 1st Bosanski Brod Brigade, during the months of March and April 1992, and July and August of the same year, he participated in murders, torture, illegal imprisonment, forced labor, alone and with unidentified members of the HOS and the Croatian Army (HV) in the area of the municipality of Bosanski Brod.

Ratni zločini u Milićima i Vlasenici – presude

Author(s): Lejla Čengić / Language(s): Bosnian

The publication “War Crimes in Milići and Vlasenica – Verdicts” documents three cases brought before the Court of Bosnia and Herzegovina for crimes committed in the pre-war municipality of Vlasenica. The Court sentenced Predrag Bastah to 22 years and Goran Višković to 18 years imprisonment, while Dragan Marinković was sentenced to 8 years imprisonment for war crimes in the municipality of Milići. According to the Institute for Missing Persons of Bosnia and Herzegovina, 955 Bosniak victims went missing in the municipalities of Vlasenica and Milići between 1992 and 1995. These persons disappeared as a result of war crimes, but they are not related to the fall of protected zones, i.e. to the genocide committed in July 1995. The largest mass grave found in the Vlasenica area is the Ogradica mass grave, from which 232 remains of victims from the previous war were exhumed in 2003, and the largest mass grave in the Milići municipality is the Zaklopača mass grave, from which 81 remains were exhumed. At the end of this book is a list of identified persons from the municipalities of Vlasenica and Milići who disappeared in the period from 1992 to 1995. The data were taken from the Institute for Missing Persons of Bosnia and Herzegovina.

Ratni zločin u Biljanima, Predmet: Marko Samardžija

Author(s): Lejla Čengić / Language(s): Bosnian

The attack on the village of Biljani started in the early morning hours of July 10, 1992, and was led by the 17th Infantry Brigade of the Serbian Army in co-operation with the reserve and active police officers of the Police Department. In this village Serbian forces executed 264 men, women, children and elderly Bosniaks. The oldest victim was 85 years old Bećo Ćehić, while the youngest victim was a four months baby Amila Džaferagić, who died in a pit together with her mother. At the sites of the mass graves of Lanište I, Crvena Zemlja I and II, 220 bodies were exhumed. The killed Bosniaks from the hamlets of Donji Biljani, Brkići, Osmanovići, Domazeti, Džaferagići, Čehići, Mešani and Jabukovci were identified, and in the years that followed, bodies were found regularly in smaller and individual graves, in forests or abandoned and burnt buildings. In the area of Biljani, 34 graves were found, from which 34 bodies were exhumed. Marko Samardžija was found guilty of ordering, in his capacity as commander of the 3rd company of the Sanica battalion, a systematic attack on July 10, 1992 against Muslim civilians in the region of Ključ. On November 03, 2006, Samardžija was therefore sentenced to 26 years imprisonment. On May 25, 2007 the Appeals Chamber partially upheld the appeals of the indictee and his attorney, and rendered a decision revoking the first instance verdict. On October 23, 2008, Samardžija was sentenced to seven years’ imprisonment for crimes against humanity in Biljani village, Ključ municipality. This book includes a list of exhumed persons missing in the Biljani area. The data were obtained from the Institute for Missing Persons of Bosnia and Herzegovina.

Ratni zločini u Čajniču – presude

Author(s): Emza Fazlić / Language(s): Bosnian

The book “War Crimes in Čajniče – Verdicts” documents the verdicts of the Court of Bosnia and Herzegovina for crimes committed against civilians in Čajniče and its surroundings. The Court has sentenced Milorad Živković, Milun Kornjača, Milosav Jovanović, Marijan Jovanović and Slavko Jovanović to six to eleven years in prison. Duško Tadić and Stevo Jovanović were acquitted. In 2015, the State Court confirmed the indictment against Duško Kornjača, charging him with the criminal offense of crimes against humanity, but he is inaccessible to the judicial authorities. According to the Institute for Missing Persons of Bosnia and Herzegovina, a total of 138 missing persons were reported in the area of Čajniče. To date, 90 victims have been found and identified. So far, the remains of 68 exhumed men and 22 women have been handed over to their families. The fate of another 48 people from Čajniče, who are still being searched for 18 years after the horrific crimes, is completely unknown. The largest grave with the bodies of Bosniaks from Čajniče was found in Mostina, from which the remains of 18 victims were exhumed in September 2002. The youngest victim in this mass grave was Zlatko Bukva. He was only 19 at the time he was killed. In addition to this, six more mass graves were found in Mostina, from which the bodies of a total of 60 victims were exhumed.

Trials for war crimes and ethnically and politically motivated crimes in post-Yugoslav countries

Author(s): / Language(s): English

Wolność ekspresji sędziego w czasach kryzysu kultury polityczno-prawnej

Author(s): Paweł Jabłoński,Przemysław Kaczmarek,Mateusz Wojtanowski / Language(s): Polish

Autorzy spoglądają na tytułową problematykę z różnych punktów widzenia. Po pierwsze, jest to perspektywa ustrojowa, dotycząca roli sądów i sędziów w demokratycznym państwie. Po drugie, perspektywa konstytucyjna, związana z wolnością wypowiedzi każdego obywatela, w tym sędziego. Po trzecie, problem oceniany jest z perspektywy norm prawa krajowego i międzynarodowego. Po czwarte wreszcie, dla autorów istotna jest perspektywa zasad etyki zawodowej sędziów i norm, które można z nich wyprowadzić w odniesieniu do dopuszczalnych postaci ekspresji sędziego. (…)Książka zawiera starannie uzasadnione wnioski dotyczące ograniczeń ekspresji sędziów, które stanowić powinny fundament refleksji sędziów, dyskusji, którą należałoby odbyć w środowisku prawniczym, i być może nowego ukształtowania dyrektyw, które w przyszłości mogą być wykorzystywane w kształceniu sędziów i innych kadr sądowych, w tworzeniu nowego modelu polityki informacyjnej sądów i w orzecznictwie dyscyplinarnym. dr Michał Laskowski, sędzia Sądu Najwyższego Można się zastanawiać, czy problematyka sędziowskiej ekspresji pojawiłaby się jako temat badawczy, gdyby fundamenty kultury polityczno-prawnej w Polsce nie zaczęły być kwestionowane wraz z wydarzeniami z drugiej połowy 2015 r. Kryzys wpłynął zasadniczo na postawy samych sędziów, którzy pojawili się w przestrzeni publicznej oraz medialnej. Procesom tym towarzyszył rozwój mediów społecznościowych, przemiany na rynku prasy i innych mediów (np. spadek znaczenia telewizji), zmiany w formach komunikacji oraz jej modelach. Zrodziło to wiele pytań dotyczących właśnie wolności sędziowskiej ekspresji. (…)Książka jest znakomita. Olśniewa wręcz bogactwem konceptualizacji zaczerpniętych z trafnie dobieranej literatury przedmiotu (…). Ujmuje jej wyważony styl i elegancki sposób formułowania sądów. dr hab. Maciej Wojciechowski, Uniwersytet Gdański