War crimes watchdog believes Pavic would get fair trial in Croatia

There's a growing likelihood that war crimes suspect Goran Pavic can get a fair trial in Croatia, says an international organization that monitors human rights there.

"The trend points to a more balanced and fair handling of war crimes prosecutions," Mary Wyckoff, a human rights lawyer, said from Croatia.

However, prosecutions still fall short in some areas.

"Considerable problem areas remain," Wyckoff said.

That's is no comfort to Pavic's family in Kitchener, who assert his innocence. They fear he won't get a fair trial if extradited to face charges in his native land.

"This whole situation right now is not fair, and I can't even imagine what it will be like over there," said Pavic's sister, Gorana Krstic.

"If international organizations say they are improving, that doesn't mean that they have improved their system. I think he belongs in Canada."

Wyckoff works for the Organization for Security and Co-operation in Europe, which monitors the prosecution of war crimes. Canada is among 56 states in the organization.

Pavic, 42, is in U.S. custody in Detroit, after a routine background check revealed a Croatian warrant for his arrest. He was detained crossing the border in his job as a trucker.

A Canadian citizen who immigrated in 1997, Pavic is alleged to have belonged to a group of Serb paramilitaries who are said to have killed, tortured and deported Croat civilians in 1991 and 1992. Thirty-five civilians were not seen again and are listed as missing.

Specifically, it's alleged Pavic helped beat a man while illegally searching his house, and helped force civilians at gunpoint onto buses, to expel them from their village of Sotin.

The allegations have not been proved in court. They are based on 36 witness accounts from survivors who allege that they knew Pavic well, because he was from the same area.

Currently, more than 100 war crimes proceedings are underway in Croatia, involving 300 people. That's after a war from 1991 to 1995 left an estimated 20,000 dead, deeply dividing the country along ethnic lines.

The organization that Wyckoff represents seeks to end impunity for Croatian war crimes, while ensuring that trials are fair. She responded to Record questions in writing.

According to Wyckoff, problems with past Croatian prosecutions have included:

Concerns that Serbs are prosecuted more strongly than Croats.

Problems obtaining testimony of witnesses who live outside of Croatia.

Poor legal arguments by defence lawyers appointed by the courts.

However, the judicial system there is improving. For example:

Some suspects from Croatian armed forces are now being prosecuted for crimes against Serb victims, although these cases remain the exception.

Last year, an equal number of Serbs and Croats were arrested for war crimes, and an equal number were convicted.

A summary of 2006 prosecutions, by the international agency, states, "Croatia continued to make advances toward even-handed war crimes prosecution, particularly in regard to newly initiated cases."

Wyckoff did not address the allegations against Pavic. But some aspects of the case against him suggest judicial fairness.

Two of his 16 co-accused were tried and acquitted last July, based on conflicting witness testimony, media reports indicate.

Also, Croatian courts have refused to let prosecutors try Pavic in his absence, saying more should be done to bring him to trial.

That led to an Interpol alert seen by U.S. border guards.

Krstic, 41, was in Detroit yesterday, waiting to visit her brother in jail. He has another court hearing Dec. 5.

"He's not well," she said. "He's a very emotional person. He's physically big, but he's very, very emotional. And I'm so, so worried about him."

Currently, Croatia is seeking 1,500 people suspected of war crimes, or convicted at trials from which they were absent. About 600 are named in Interpol warrants.

The Pavic arrest highlights international co-operation in bringing these suspects to justice.

In recent years, eight countries, including the U.S., Germany and Australia, have deported or extradited war crimes suspects wanted by Croatia. At least 10 countries are currently conducting extradition proceedings, including the U.K., Norway, Italy and Russia.

Last year, 11 war crimes suspects were arrested in nine countries outside Croatia. Two suspects were extradited to Croatia from Bulgaria and the U.S.

Wyckoff said it's not uncommon for foreign courts to balk, at first, at extradition requests.

In past years, foreign courts would raise concerns about fair trials, cite national barriers to extradition, or cite diplomatic immunity.

Some ongoing extradition requests have stalled at the first courts to hear them.

Here's how Croatia handled war crimes prosecutions in 2006:

69 suspects were indicted, including 60 Serbs, eight Croatians and one Albanian. This includes Pavic.

27 suspects were arrested, including 13 Serbs and 13 Croatians.

Four suspects were released, including three Serbs and one Croatian.

20 verdicts were issued, with an overall conviction rate of 80 per cent.

The chances of conviction for an individual Serb or Croatian were the same, at 50 per cent.

The average sentence was 8.5 years, based on 16 convictions.

35 per cent of lower court decisions were overturned on appeal.
However, after working their way through various courts, "most extradition requests have been granted," Wyckoff said.

It appears Pavic faces an uphill battle, challenging extradition to Croatia from the U.S. The U.S. government fought off challenges to carry out a similar extradition last year.

A war crimes suspect, arrested in South Dakota, was returned to Croatia by the U.S. to face trial after a routine background check turned up a Croatian warrant for his arrest.

That suspect, an ethnic Serb like Pavic, had settled in the U.S. as a refugee in 2000. After the Croatian warrant against him came to light in 2002, he lost a three-year legal battle to prevent his extradition.
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