Youth Initiative for Human Rights

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Serbia and Montenegro

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www.yi.org.yu

Index:YIHR-01-555-28.01.2005.

Open letter to Prime Minister of Serbia about the announced surrender of General Vladimir Lazarevic and violation of the Law by top state officials

Att.: Vojislav Kostunica, Prime Minister of Serbia

Dear Mr. Prime Minister,

The general public of Serbia has been informed through the national Radio-Television of Serbia (RTS) that next week General Vladimir Lazarevic is to voluntarily surrender to the International Criminal Tribunal for the Former Yugoslavia in the Hague. According to RTS, General Lazarevic has made this decision after having consulted with you. The information of his voluntary surrender was meant to cause the relief among the general public of Serbia, and to be greeted by the vast majority of citizens, already exhausted by endless discussions about the ways in which Serbia will meet its unavoidable obligations, especially with regard to the "general foursome" (now threesome), and frightened about their own future and the future of their country which is, again, facing the threats of isolation and backwardness.

An impression is hovering over our heads: that you, Mr. Prime Minister, will personally gain political credits out of this game, having wheedled, through wise negotiations, one of the problematic generals to assent to surrender and finally make the decision that would disencumber the citizens, at least partially. You have said it yourself, in your own name, but also on behalf of the Government and the state you are leading, that you highly esteem "the patriotic, moral and honorable decision" by General Lazarevic. In turn, the citizens are expected to view this decision as sacrifice the indicted general endures in the name of his country's greater interest, perhaps even as general's gift to his own people. And the saying goes – don't look a gift horse in the mouth. By the same token, perhaps, the government should not be reminded now of endless stalling and tormenting of the citizens while the decision was being made, and of all the blackmails and pressure exerted in the meantime.

In your praises of general Lazarevic you invoked the "long tradition of Serbian army's officers to fight, always and to the last breath, for interests of his own people and country". Your rhetoric, as well as the message you are sending to the public by treating with servility the people who chose to obey the law, are thoroughly unacceptable and inappropriate for the government official of a country with the rule of law firmly in place.

The four generals – Lazarevic, Pavkovic, Lukic and Djordjevic – are first and foremost the citizens of this country, and just like all other citizens of Serbia, they are obliged to respect the laws, which, among other things, includes their voluntary surrender to an international court our country has recognized and has committed itself to fully cooperate with.

The attitude you have demonstrated towards the indicted generals continues to render relative the crimes committed during the wars in the former Yugoslavia on behalf of Serbia and in the name of its people. Your attitude not only impedes the process that aims at individualizing the guilt and at proving that guilt cannot be collective, and thus should not burden the collective body of people, but you stand also challenges and undermines the rule of law in the country that has awarded you with one of the highest and most responsible posts. What message do you want to send to the citizens of Serbia, especially the youth, by treating the indicted generals the way you do? That the laws of this country should be obeyed but not necessarily, that the respect of law is a matter of one's good (or bad) will, that violation of law does not entail accountability, or does but selectively… that some will act responsibly only after the Prime Minister himself has talked them into it.

Your job description is not to be a nanny or a curer of immature generals' souls, especially before burning problems that Serbia is now facing, the problems you should be the first to deal with. You should restrain yourself from complimenting the fugitives through lofty nationalistic rhetoric and from insulting the intelligence of Serbian citizens. As elected head of state, you must not sound ridiculous and pathetic, which is exactly what you sound and act like. The decision by which Serbia is to comply with all its international obligations, including its own future, must not be left to the fugitives, people afraid of acting as conscience grown-ups, of being held answerable for what they have been charged with.

Andrej Nosov

Executive Director