Will the Whistleblower Who Revealed
the First War Crime in Yugoslavia Go to Jail Soon ?

GEORGES BERGHEZAN

June 25, 1991: Slovenia and Croatia unilaterally proclaim their
independence, the Yugoslav army is deployed at the country's international
borders. Three days later, in the village of Holmec, at the Slovene-Austrian
border, three young conscripts, attacked by Slovene police who had encircled
their tank, waved a white flag and surrendered. They were killed in cold
blood by the police in the presence of a cameraman from the Austrian TV
network ORF. It was the first documented war crime in a conflict that would
continue spilling blood in the former Yugoslavia for the next eight years.

These facts were kept secret for the next seven years until the ORF footage
showing the surrender and the execution of the three soldiers -- two Serbs
and one Croat -- was finally broadcast on Slovenian television. Pressured by
the Slovene branch of the NGO Helsinki Monitor and its president, Neva
Miklavcic Predan, an official inquiry was conducted, but it concluded in
1999 that no war crimes at all had been committed (the soldiers would have
simulated their execution and they would have been killed shortly afterward
in combat).

Things probably could have stayed there -- and the affair could have
continued to be completely ignored by the international media -- if Slobodan
Milosevic, the former Serbian president, during his cross-examination of the
Slovene President, Milan Kucan, who had been summoned by The Hague Tribunal
in May 2003 to testify against Milosevic, had not posed several troubling
questions to his adversary and brought several supplementary pieces of
information to the case, which included the death certificates of the
aforementioned soldiers. Visibly caught off guard, Kucan gave assurances
that the case had not been closed, all the while denying that the conscripts
had been executed. A few days later, Neva Miklavcic Predan held a press
conference in Ljubljana in which she cast a shadow of doubt on Kucan
testimony. The statements made at this press conference sparked a defamation
lawsuit filed by twenty-six Slovene war veterans whose "feelings were
profoundly hurt" by her allegation of war crime.

At the same time, a Slovenian court closed the case once again at the
beginning of April 2006, reiterating that no war crime had taken place in
Holmec, basing its decision on the 1999 inquiry. On the other hand, in
Belgrade, a special tribunal for war crimes finally decided to open an
inquest on the matter. At The Hague, despite the evidence provided by
Miklavcic Predan, and then by Milosevic, there still does not seem to be any
interest in what appears to be the first war crime committed in the Yugoslav
wars.
For Neva Miklavcic Predan, however, the case has not been closed. The
complaint filed by the war veterans has gone its course and resulted in the
trial now taking place. She risks being sentenced to two years imprisonment
and the next hearing has been set for May 30. During the first two hearings,
the accusations relied on a gross falsification of the ORF video that tries
to make one believe that the Slovene police did not fire upon the Yugoslav
conscripts.

Furthermore, she is accused of having tried to bribe a government official
in order to obtain citizenship for a Roma. This second trial has now been
suspended. She could be sentenced to three years more in prison as a result
of the proceedings. Finally, a judge in Ljubljana, feeling offended by a
remark that Miklavcic Predan made, has also filed a complaint. She is
subject to three months' imprisonment if she is sentenced.

Neva Miklavcic Predan considers herself to be the victim of political trials
intended to punish her for having cast a shadow over the mini-war of
independence waged by Slovenia, which has often been characterized as a
model among the new members of the European Union. Even if the affair starts
making headlines throughout the former Yugoslavia, it still remains unknown
beyond. However, the World Organization Against Torture (OMCT) and the
International Federation for Human Rights (FIDH) have initiated a campaign
of support and have requested writing to the Slovene authorities in order to
stop the harassment of the president of Helsinki Monitor. We have taken up
their appeal, which we reproduce below.

Action requested:
Please write to the Slovenian authorities and ask them to:

i. Put an end to any kind of harassment against Mrs. Neva Miklavcic-Predan,
and ensure that her right to a fair and impartial trial be guaranteed in any
circumstances;

ii. Conform with the provisions of the Declaration on Humans Rights
Defenders, adopted by the General Assembly of the United Nations on December
9, 1998, in particular article 1, which states that "everyone has the right,
individually or in association with others, to promote the protection and
realisation of human rights and fundamental freedoms at the national and
international levels", and article 12.2, which states that "the State shall
take all necessary measures to ensure the protection by the competent
authorities of everyone, individually and in association with others,
against any violence, threats, retaliation, de facto or de jure adverse
discrimination, pressure or any other arbitrary action as a consequence of
his or her legitimate exercise of the rights referred to in the present
Declaration";

iii. More generally, conform with the provisions of the Universal
Declaration on Human Rights, and with all other international human rights
instruments binding Slovenia.

Addresses:
· President of the Republic of Slovenia, Dr. Janez Drnovsek, Erjavceva 17,
1000 Ljubljana, Slovenia, Tel.: 00 386 1 478-10-00, Fax: 00 386 1 478-12-00,
Email: [EMAIL PROTECTED]; [EMAIL PROTECTED]
· Premier of the Republic of Slovenia, Janez Jansa, Gregorciceva 20, 1000
Ljubljana, Slovenia, Tel.: 00 386 1 478-10-00, Fax: 00 386 1 478-17-21,
Email: [EMAIL PROTECTED]; [EMAIL PROTECTED]
· Minister of Justice of the Republic of Slovenia, Dr. Lovro Sturm,
Zupanciceva 3, 1000 Ljubljana, Slovenia, Tel.: 00 386 1 369-52-72, Fax: 00
386 1 369-52-76, Email: [EMAIL PROTECTED]
· Minister of Foreign Affairs, Dr. Dimitrij Rupel, Presernova 25, 1000
Ljubljana, Slovenia, Tel.: 00386 1 478-23-73, Fax: 00386 1 478-21-70, Email:
[EMAIL PROTECTED]
· Supreme State Prosecutor, Barbara Brezigar, Dunajska 22, Ljubljana,
Slovenia, Tel.: 00 386 1 434-19-35, Fax: 00 386 1, Email: [EMAIL PROTECTED]
· District Court of Ljubljana, president, Tavcarjeva 9, 1000 Ljubljana,
Slovenia, Tel.: 00 386 1 366-44-44, Fax: 00 386 1 366-45-18, Email:
[EMAIL PROTECTED]
· Local Court of Ljubljana, President Vesna Pavlic Pivk, Miklosiceva 12,
1000 Ljubljana. Slovenia, Tel.: 00 386 1 47 47.701, Fax: 00 386 1 47-47-705,
Email: [EMAIL PROTECTED]
· Higher Court in Ljubljana, President Jernej Potocar, Tavcarjeva 9, 1000
Ljubljana, Slovenia, Tel.: 00 386 1 366-40-00, Fax: 00 386 1 366-40-70,
Email: [EMAIL PROTECTED]
· Supreme Court of the Republic of Slovenia, President Franc Testen,
Tavcarjeva 9, Ljubljana, Slovenia, Tel.: 00 386 1 336-42-02, Fax: 00 386 1
336-43-01, Email: [EMAIL PROTECTED]
· Constitutional Court of the Republic of Slovenia, President Janez Cebulj,
Betthovnova 10, 1000 Ljubljana, Slovenia, Tel: 00 386 1 477-64-00, Fax: 00
386 1 251-04-51, Email: [EMAIL PROTECTED]
· Ambassador Mr. Aljaz Gosnar, Permanent Mission of Slovenia to the United
Nations in Geneva, rue de Lausanne 147, 1202 Geneva, Switzerland, Tel: + 41
22 716 17 80, Fax: + 41 22 738 66 65, Email: [EMAIL PROTECTED]
· Permanent Mission of Slovenia in Brussels, 30 avenue Marnix, 1000
Bruxelles, Belgium, Tel : +32 25124466, Fax : + 32 25120997

AUTHOR'S ADDRESS : [EMAIL PROTECTED]

MORE : See chapter "Medialies" in the book
Liar's Poker -Yugoslavia, the great powers and the next wars.
Info : [EMAIL PROTECTED]

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