A/HRC/14/26
charges, including genocide and murder, for war crimes allegedly committed during the
1992–1995 Bosnian conflict.
89.
The trial of Zdravko Tolimir, a former high-ranking official of the Bosnian Serb
Army (VRS), started on 26 February 2010. He is the last accused in ICTY custody to be put
on trial. Mr. Tolimir is charged with genocide, conspiracy to commit genocide, crimes
against humanity and violations of the laws or customs of war committed between July and
November 1995 against Bosnian Muslims in Srebrenica and Žepa. During the period
relevant to the indictment, Mr. Tolimir was the Assistant Commander for Intelligence and
Security of the Main Staff of the VRS. In this position, Zdravko Tolimir was one of seven
Assistant Commanders who reported directly to the Commander of the Main Staff of the
VRS, Ratko Mladić.
C.
International Criminal Tribunal for Rwanda
90.
The court has issued a number of convictions in the cases of Lieutenant Colonel
Ephrem Setako who was head of the division of legal affairs in the Ministry of Defence in
1994; Emmanuel Rukondo, former Military Captain in the Rwandan Armed Forces;
Callixte Kalimanzila, former Directeur de Cabinet of the Ministry of the Interior; and
Michael Baragaza, former Director General of the office controlling the Rwandan tea
industry. The accused have been convicted for crimes ranging from genocide, crimes
against humanity and serious violations of Article 3 common to the Geneva Conventions
and Additional Protocol II (murder). On 7 July the Security Council extended the term of
office of the six permanent judges of the Court until 31 December 2010 or until the
completion of the cases assigned to them.
V.
Conclusions and recommendations
A.
Conclusions
91.
The Special Rapporteur would like to stress the need for magistrates, judges,
prosecutors, public defenders and lawyers throughout the world to receive, in
addition to legal training, continuing education in international and regional human
rights standards and systems.
92.
In a democratic State, the judiciary should be a partner with the other
branches of Government, working together to vindicate human rights and provide
justice. The courts alone cannot provide effective justice and remedies. In some
countries, judges might enhance their ability to tackle deep patterns of human rights
violations that persist year after year in their States. For this purpose, continuing
education in international human rights law and continuous updating on its
development is essential.
93.
The principle of separation of powers is the basis on which the judicial
independence and the impartiality of judges is founded. This principle must be
respected by all States. Member States should give priority to strengthening their
judicial systems, guaranteeing their full independence as institutions as well as the
independence and impartiality of their magistrates and judges. An independent
judiciary is fundamental for the respect of the rule of law and the development of
democracy. It is also fundamental to combating corruption, to guaranteeing equal
access to justice, to providing effective justice and remedies to citizens, to countering
patterns or contexts of abuse and to guaranteeing health, labour rights and nondiscrimination.
GE.10-12622
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