Pilav on the „Bukovica“ case: The passage of time makes it harder to achieve justice for victims

Bukovica shows us that we cannot speak about the rule of law without confronting the past, which includes the proper prosecution of war crimes, especially today, when we are witnessing increasingly pronounced revisionism and denial of war crimes - it was stated at the sixth of seven educational webinars, this time dedicated to the „Bukovica“ case, organized by the Centre for Civic Education (CCE).

As assessed, when the most serious criminal offenses, of which Bukovica has many, remain without final convictions, it sends the wrong message to the public that justice can be selective.

Bukovica is a rural area located about 60 kilometers from Pljevlja. In that part of Montenegro, between 1992 and 1995, ethnic cleansing was carried out: 24 villages were displaced, and around 90 families with approximately 270 members were expelled or fled. Six civilians were killed, two people committed suicide as a result of torture, 11 were abducted and taken to a prison in Čajniče, while nearly 70 civilians were subjected to physical torture.

Activist Emir Pilav said that what unfortunately does not work in favor of resolving the Bukovica case is the factor of time.

- The delay of investigations and court proceedings significantly hampers the collection of evidence, weakens evidentiary material, and further complicates the judicial process - emphasized Pilav, who led the webinar.

He also pointed out that due to the passage of time, further aggravated by prolonged delays, many key witnesses are no longer alive, which makes it more difficult to achieve justice for the victims.

Speaking about the importance of fully clarifying the crimes in Bukovica, Pilav stressed that, in addition to identifying the perpetrators, it is necessary to establish broader responsibility, including command and political responsibility.

- Bukovica, like other war crimes committed on the territory of Montenegro, must not be prosecuted in a way that leaves room for anyone to be exempted or „saved“. Through testimonies, records, and abundant material, all those responsible for this crime must be prosecuted - said Pilav, adding that an additional injustice lies in the fact that many individuals linked to these crimes still move freely today, and some even speak publicly on social networks, which, as he noted, represents further humiliation of the victims of Bukovica and their families.

Reflecting on institutional responsibility, Pilav assessed that it must be consistent and adequate, and that it cannot be reduced solely to the question of who is guilty, but must also address what was omitted and what must now be undertaken.

He recalled that the activities of the Special State Prosecutor’s Office (SSPO), including the adoption of an action plan and amendments to the Criminal Procedure Code enabling the use of evidence obtained before the Hague Tribunal and the International Residual Mechanism, represent an important step, albeit a delayed one.

- The essence is that institutional responsibility is not only retrospective - it is also present. What institutions do or fail to do today regarding Bukovica will be the measure of their true commitment to justice and the rule of law - Pilav concluded.

Participants highlighted that older generations are often unwilling to re-examine and acknowledge the mistakes of their generation, while young people know very little about that period, and even that knowledge is often fragmented and shaped by subjective narratives.

- An additional problem is that a large number of young people, not only in Pljevlja, are involved in political parties, where these topics are often instrumentalized in line with party interests - they noted during the discussion, emphasizing a generational gap in attitudes toward the 1990s.

They also expressed skepticism regarding the willingness of ruling structures to confront the past, explaining it as a fear among political actors of potential losses - of support, positions, or influence.

- Although these issues are occasionally raised, most often by the opposition, it is usually in the context of anniversaries or specific political moments, which leaves room for suspicion that the topic is used to gain political points and manipulate the public, rather than for genuine confrontation with the past - Pilav said.

Despite all the challenges, participants agreed that efforts must not be abandoned, as confronting the past is essential not only for achieving the goals of transitional justice but also for building a stable future.

The next webinar will be led by historian and publicist Edin Smailović on April 6 and will be dedicated to the „Klapuh Family“ case.