WELCOME TO IWPRS TRIBUNAL UPDATE No. 521, October 12, 2007 CROATIA DEMANDS ARREST OF ACQUITTED SERB Serbia says Miroslav Radic would not be extradited to Croatia to face trial for supposed war crimes. By Goran Jungvirth in Zagreb
CROATS PROTEST VUKOVAR JUDGMENT Relatives of Vukovar massacre victims accuse Hague tribunal of not acting in the interest of justice. By Brendan McKenna in The Hague EXPERTS DISCUSS FUTURE OF ICTY AND ICTR ARCHIVES Their work seen as crucial for legacy of the tribunals, victims and future of international criminal justice. By Merdijana Sadovic in Sarajevo TRIBUNAL IN RACE TO MEET DEADLINE Tribunal faces uphill task if it is to complete all trials by 2009. By Brendan McKenna in The Hague COURTSIDE: CONFLICTING EVIDENCE IN DELIC TRIAL Two former Bosnian army soldiers give differing accounts of their visit to a house where Serb prisoners were held. By Marije van der Werff in The Hague HERCEG BOSNIA FINANCES UNDER SCRUTINY Witness says statelets president held purse-strings in Bosnian war. 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By Goran Jungvirth in Zagreb Croatia, furious about the acquittal in The Hague of a Serb it accuses of war crimes, issued an international arrest warrant last week for the former officer. The Hague tribunal freed Miroslav Radic, a former commander in the Yugoslav army, on September 27, saying there was no evidence that he had been involved in the murder of Croatian prisoners in the eastern Croatian town of Vukovar. Two other defendants, Veselin Sljivancanin and Mile Mrkisic, were sentenced to five and 20 years in prison respectively - another cause for anger, since Croatians feel the sentences were too lenient. Parliament met to debate the issue, and Prime Minister Ivo Sanader, who had already sent a note of protest to the United Nations, suggested the verdict, if it were not reversed, could fundamentally undermine the court. Radic, meanwhile, was no sooner back in Serbia, where he met friends and family, than Croatias state prosecutors, DORH, said he had led troops guilty of random murder in Vukovar and issued an international arrest warrant last week. After the fall of Vukovar on 18th November 1991, it is suspected that he encouraged members of his unit to murder and mistreat captured civilians and surrendered troops. He personally participated in mistreatment and killings and killed Djuro Begovic who surrendered along with a group of defenders, said DORH. Vukovar was under siege for three months in 1991, and according to witnesses, Serb forces daily bombarded it with hundreds of mortars. After the defence collapsed, they over-ran the town and killed 200 Croatian men who were taken from a military hospital. Members of an association of veterans from the war and relatives of the victims prayed for several days at Ovcara, where the mass grave of the prisoners was found, after the verdict. Hundreds of lanterns were lit along the several kilometres between the Ovcara museum and the site of the grave. Sanader told parliament that he had sent a letter to the president of the tribunal but would not reveal its contents until an appeal had been concluded. If the verdict was not quashed, he said, then there was no point in the court existing. But lawyers were already wondering if the verdict would impact on a separate case at The Hague in which Croatia is trying to prove that Serbia committed genocide on its territory in the early 1990s. Tibor Varadi, Serbia's legal representative before the International Court of Justice, said the verdict would help Serbias case. The chances of Serbia being found guilty were already pretty small, but after this verdict they are even smaller, he told the Serbian daily Gradjanski List. He pointed out that none of the Vukovar Three had been accused of genocide, nor was there any Serbian citizen currently under indictment by the Hague tribunal for genocide committed in Croatia. And a source close to the Croatian team preparing a lawsuit against Serbia feared that Croatias case might indeed be harmed by the verdict. The Ovcara crime was the biggest evidence of genocide for Croatia and the tribunals judges determined that prisoners of war were executed rather than members of the ethnic group. To prove genocide, the intention to destroy, in whole or in part, a national, ethnic, racial or religious group has to be established, said the source. Another thing is that the judges concluded the crime was committed by territorial defence members (local Croatian Serbs) and not the Yugoslav army, which is similar to a finding in a judgment in Bosnias own genocide case against Serbia, which established that genocide was committed by Bosnian Serb forces, and not the forces from Serbia, in July 1995, when more than 8,000 Muslim men and boys were killed. Olga Kavran, spokeswoman for the tribunals prosecution, told reporters the prosecution would appeal against the Vukovar Three judgment, adding that the team had to study it very carefully to determine exactly what the appeal would entail. She said any suggestions that the entire work of the tribunal, which has achieved a great deal in the past 14 years, should be called into question by one judgment would be absurd. At a press conference held in The Hague last week, Liam McDowell, senior policy advisor to the tribunal's registry, said the future of Croatias arrest warrant for Radic depended on whether there would be an appeal. He refused to comment on whether it was possible for a state to issue an arrest warrant against an individual acquitted by the tribunal. However, Serbian minister of justice Dusan Petrovic said Radic, now a free man, would not be extradited to Croatia to face trial for supposed war crimes. The decisions of the international court in The Hague have to be respected, he said, adding that according to Serbian law its citizens cant be extradited anyway. Radic himself, who voluntarily surrendered to the Hague tribunal and spent four and a half years in custody, said he felt sorry for the victims of Vukovar but denied any role in their murder. There's a common belief that there is no justice in The Hague. Nonetheless, I believe it is worth fighting for your own truth and justice. My advice to others is to keep fighting for the truth, he said, when asked to reflect on the tribunals ruling. Goran Jungvirth is an IWPR journalist in Zagreb. CROATS PROTEST VUKOVAR JUDGMENT Relatives of Vukovar massacre victims accuse Hague tribunal of not acting in the interest of justice. By Brendan McKenna in The Hague More than 30 Croats gathered outside the Hague tribunal on October 11 to protest at the judgments handed down to three Serbs tried for war crimes committed in Vukovar. Many of the protesters were relatives of victims of a 1991 massacre of Croats taken from Vukovar hospital and killed in nearby Ovcara. They gathered around a heart-shaped display of candles arranged around a sculpture to commemorate the massacre, and held up photographs of the victims. The so-called Vukovar Three were accused of involvement in the mistreatment and execution of some 264 Croat and other non-Serbs taken from Vukovar hospital by Serb forces on November 20, 1991, and turned over to territorial defence and paramilitary troops who beat, tortured and killed the prisoners. Last month, Serb commander Mile Mrksic was sentenced to 20 years in prison for aiding and abetting the murder, torture and cruel treatment of prisoners - though the trial chamber found no evidence that he directly ordered cruel treatment, torture and murder at Ovcara. Mrksics subordinate, Veselin Sljivancanin, was sentenced to five years in jail for aiding and abetting the cruel treatment of the prisoners, and the third accused, Miroslav Radic, was acquitted after judges found there was no evidence he was aware of the killings at Ovcara. These people are absolutely shocked with this improper verdict and the injustice that was done, said Dr Zvonimir Separovic, president of the Croatian Society of Victimology, told IWPR, just before he appealed to the tribunal to have the sentences reviewed. Separovic also took chief prosecutor Carla Del Ponte to task for failing to indict top-ranking Serbian and former Yugoslav generals and officials that he claimed were responsible for war crimes in Vukovar. In a written statement delivered to the tribunal registrar this week, Separovic added that these pathetic and meaningless verdicts show the [tribunals] bias and political agenda which is clearly not in the interest of any justice. Olga Kavran, a spokeswoman for the tribunals chief prosecutor, said that while Del Ponte certainly rejects such claims in the strongest terms, because the protesters had not sought a meeting, she could not address their specific complaints. The prosecution plans to appeal the sentences and has 30 days from the September 27 verdict to do so, said Kavran. Zlatko Spejar, a Franciscan monk known as the Guardian of Vukovar, told IWPR that many Croats had looked to the tribunal for justice - adding that there has not been a single revenge-killing in Vukovar since the end of the conflict in 1998. With this verdict, the [tribunal] has overturned justice, said Spejar. Pointing out one woman who had been orphaned during the fighting in Vukovar, Spejar said that the Hague court needed to do more to address the broader conflict, which had completely destroyed the city, displaced as many as 22,000 people and resulted in more than 400 deaths from murder and neglect in Serbian prison camps. This scandalous verdict does not address [this], he said. The trial focused only on the single massacre of 194 prisoners on November 20, 1991. In its judgment, the trial chamber found that although Mrksic ordered the transfer of prisoners from the custody of Yugoslav army, JNA, military police to Serbian territorial defense and paramilitary forces - apparently under pressure from local Serb officials - he did not order their mistreatment. While Mrksic - who was a colonel at the time, and in charge of all Serb forces in Vukovar - did not order the torture or killing of prisoners, the trial chamber found he had been informed of intense feelings of animosity harboured by Serb paramilitaries and territorial defense troops against Croats, and had also been told of a number of killings the previous day. As a result, the trial chamber found him guilty of abetting both murder and torture with his order to turn prisoners over and for failing to take additional measures to ensure their safety. The trial chamber found no evidence to prove the charge that Sljivancanin had ordered crimes against prisoners. Judges found him guilty of aiding and abetting torture, by failing to take more action to safeguard the prisoners, in spite of knowing about the inhumane treatment and killings of prisoners of war by the Serb irregulars. Because it was Mrksics order to withdraw military police from guarding the prisoners, the trial chamber found Sljivancanin not guilty of aiding and abetting the murders. Radic - who commanded the infantry company that supervised the initial capture of prisoners from the Vukovar hospital - was acquitted because the trial chamber found the varying accounts of his involvement meant the prosecution failed to prove that he knew or had reason to know about crimes committed by soldiers under his command. Brendan McKenna is an IWPR reporter in The Hague. EXPERTS DISCUSS FUTURE OF ICTY AND ICTR ARCHIVES Their work seen as crucial for legacy of the tribunals, victims and future of international criminal justice. By Merdijana Sadovic in Sarajevo Legal experts gathered in The Hague this week to discuss the future of the archives of both the International Criminal Tribunal for the former Yugoslavia, ICTY, and the International Criminal Tribunal for Rwanda, ICTR. The expert committee - chaired by former ICTY and ICTR prosecutor, Justice Richard Goldstone - is undertaking a study which should provide the two tribunals with an independent analysis of how best to ensure future accessibility of the archives. They will also review different locations that may be appropriate for housing the tens of thousands of documents. The experts will, among other things, discuss the establishment of a single joint archive, two separate archives or multiple archives and will recommend the best option. The work of the independent committee is crucial for the preservation of the legacy of the two tribunals and for the victims, as well as for the future for international criminal justice, said Justice Goldstone, in a press release this week. Both tribunals are due to complete their mission in the coming years and are working to put in place a clear system that will best serve the interests of people in Rwanda and the former Yugoslavia, as well as the international community. Numerous important elements regarding the tribunals' immensely important archives will be assessed in this study, which will decide how their security, accessibility and preservation can be protected. According to the committees statement, these archives contain a vast number of records. For example, the Office of the Prosecutor, OTP, possesses several million pages of evidence, and the Registries Court Management Support Sections hold tens of thousands of hours of videotaped courtroom proceedings. The tribunals archives are a unique and invaluable resource for the peoples of Rwanda and the former Yugoslavia, the United Nations and the international community. The many benefits of and uses for the archives include their role to facilitate ongoing and future prosecutions, serve as a historic record, as well as contribute to peace and reconciliation in the regions, read the statement. The expert team is due to submit an interim report to the tribunals registrars during the first quarter of 2008. Before that, members of the team will be visiting all regions involved to consult governments and civil society on this issue and will also meet with relevant international NGOs. This study is being undertaken by a team of internationally recognised experts in the archives and legal professions. The team dealing specifically with the ICTY archive is composed of Professor Dr Eric Ketelaar, a former national archivist of The Netherlands, and Cecile Aptel, a former staff member of both the ICTY and ICTR. The ICTR-related team is made up of Professor Dr Saliou Mbaye, former national archivist of Senegal and Judge M Chande Othman, judge at the Tanzanian High Court, former prosecutor at the East Timor UN administration, and former chief prosecutor at the ICTR. Merdijana Sadovic is an IWPR's Hague project manager. TRIBUNAL IN RACE TO MEET DEADLINE Tribunal faces uphill task if it is to complete all trials by 2009. By Brendan McKenna in The Hague Three years after issuing its last war crimes indictments, the Hague tribunal is racing to finish its work. The three trial chambers have been conducting seven trials simultaneously involving 18 defendants since January and have concluded 106 of their 161 cases, according to the tribunals annual report issued this week. The report said the appeals chamber has simultaneously handed down a record number of decisions, including 11 judgments in the past year and seven in the past six months. But the tribunal still faces an uphill task if it is to meet its target of completing all trials by 2009 and its appeals a year later. The tribunal, at the recommendation of the working group set up to hasten its work, has also ensured there are always other trials ready to go when a case is completed or encounters an unexpected delay. The tribunal referred 13 cases back to local officials in an effort to keep its focus on the most senior commanders accused of the most serious crimes. The report said both court officials and prosecutors had worked to strengthen local judicial systems so they could handle the trials sent back by the tribunal and other cases of low-to-mid ranking suspects. The prosecutors office also announced two additional arrests of accused war criminals in the past year, Zdravko Tolimir and Vlastimir Dordevic. Dordevic, a former assistant minister of the Serbian ministry of internal affairs and chief of the public security department, is accused, along with former Serbian president Milan Milutinovic and four others of an ethnic cleansing campaign in Kosovo. Tolimir, the assistant commander for intelligence and security in the army of Republika Srpska, the Serbian enclave within Bosnia, was indicted on charges of genocide, conspiracy to commit genocide and crimes against humanity for his role in the Serbian campaign against Bosnian Muslims in Srebrenica and Zepa. The failure to arrest the four remaining fugitives, including Radovan Karadic and Ratko Mladic, continues to represent an affront to justice, according to the prosecutors section of the report. Karadzic was president of Republika Srpska while Mladic was commander of the main staff of the Bosnian Serb army. The cooperation of the Belgrade authorities has been complicated, said the report. Cooperation deteriorated seriously from October 2006 to March 2007 and then visibly improved in May and June 2007 following the formation of the new Government, although cooperation did not reach the point of being full and consistent. . Regrettably, no progress was made with respect to Karadic and Mladic. The judicial services division reported bringing a total of 628 witnesses to The Hague to testify over the year covered by the report - almost double the total of the previous year. Brendan McKenna is an IWPR reporter in The Hague. COURTSIDE: CONFLICTING EVIDENCE IN DELIC TRIAL Two former Bosnian army soldiers give differing accounts of their visit to a house where Serb prisoners were held. By Marije van der Werff in The Hague A witness testifying in the trial of former Bosnian army chief Rasim Delic this week contradicted the testimony of his ex-colleague who said they witnessed Serb prisoners being mistreated by the foreign fighters Muslim known as mujahedin. Fadil Imamovic, former assistant commander for security at the 35th Division of the Bosnian Army, ABiH, told judges this week that he went alone to a house in the village of Livade on the July 22, 1995. There he saw Serb prisoners, but was scared away by mujahedin before he could get any detailed information from them. This contradicted the testimony of Izudin Hajdarhodzic - a former assistant commander for intelligence in the 35th Division - who earlier in the week told the court that he went to visit the prisoners at the house together with Imamovic, after receiving reports that a large number of Serb soldiers had been captured in an ABiH operation. Once inside, said Hajdarhodzic, he saw a prisoner brought in tied to a long wooden pole with wire. According to him, when the two ABiH officers asked the mujahedin to untie the prisoner, they refused. Hundreds of foreign Muslim volunteers fought alongside the Bosnian army during the 1992-1995 war. Prosecutors in the Delic case have been trying to show that Serb prisoners of war were mistreated by members of the El Mujahed detachment which they say was under the effective command of the ABiH. The defence, however, insists this was not the case and therefore that Delic cannot be held accountable for crimes committed by the detachment. Delic, who was the commander of the main staff of the ABiH from June 1993, is charged with war crimes, including murder, cruel treatment and rape. He is accused of failing to prevent or punish foreign Muslim fighters who allegedly executed and mistreated tens of captured Serb soldiers and civilians during 1995. The indictment alleges that on July 21, 1995, the El Mujahed detachment of the ABiH launched an attack in Krcevine in the Zavidovici municipality in Bosnia. Following the attack, soldiers of the [Bosnian Serb army] were captured and taken to Livade village. Two captured soldiers, Momir Mitrovic and Predrag Knezevic, were killed and decapitated by the ABiH soldiers. The prisoners were subjected to daily beatings in Livade and on July 23 1995, they were taken to the Kamenica Camp, said the indictment. It was in the Croatian village of Livade that Imamovic said he encountered the prisoners. This week, Imamovic explained to the court that he went along to a house in Livade on July 22, 1995, after being told by another soldier that Serb prisoners were being held there by the El-Mujahed detachment of the Bosnian army. He went to the house to investigate, and a mujahedin fighter standing guard outside to his great surprise allowed him into the house. The witness testified that in one room of the house, he saw a group of 11 Bosniaks and three Bosnian Serb prisoners. He said that he only managed to get the names of Serb soldiers and the names of their units before another mujahedin soldier came in. The soldier spoke to him in a language he didnt understand. But I understood it would be better for me to get out, for my personal safety, said the witness. Because of the pressure the witness felt, he could not remember whether the hands of the prisoners were tied. Everything went really fast so I didnt [notice many] details, he said. Imamovic added he had been very, very scared. Afterwards, he included the incident in a report that was then sent to the commands of the 35th Division and the 3rd Corps. During his testimony, the judges asked Imamovic several times whether he had been alone while he saw the prisoners. At first, Imamovic insisted he was alone, but when asked again later, he said, I cant recall whether anybody was with me. During cross examination, Delics defence counsel seemed to have a field day. As well as giving contradictory testimony on whether he visited the house in Livade alone, Imamovic also seemed to undermine the prosecution argument that the El Mujahed detachment was under the effective control of the ABiH. When the defence confronted him with two ABiH reports both dated June 2, 1995 - which contained different numbers of mujahedin fighters - Fadil Imamovic testified that nobody in the Bosnian army knew any detailed information on the El Mujahed detachment. ´The exact strength of the El Mujahed detachment could never be determined, said Imamovic. While the exact number of forces in every other ABiH unit was always known at any given time, he said. Imamovic also testified he received security reports from his associates in all units except from the El Mujahed detachment in which he had no associates. As the session ended, defence counsel Vasvija Vidovic seemed eager to continue the cross examination. The witness was very valuable for the defence, she said. Marije van der Werff is an IWPR reporter in The Hague. HERCEG BOSNIA FINANCES UNDER SCRUTINY Witness says statelets president held purse-strings in Bosnian war. By Goran Jungvirth in Zagreb A courier who carried cash for the Croat statelet in Bosnia during the countrys 1992-95 war told the Hague tribunal that local head Mate Boban was in charge of financial decisions, not six men on trial for war crimes. Miroslav Rupcic was supposed to be a prosecution witness at the trial of six former high-ranking Bosnian Croat officials, but ended up putting most of the blame on Boban, who was president of the breakaway region of Herceg Bosna that carved itself out of Bosnia after the collapse of Yugoslavia. The six accused - Jadranko Prlic, Bruno Stojic, Slobodan Praljak, Milivoj Petkovic, Valentin Coric and Berislav Pusic - are all charged with crimes against Bosniak civilians during the war in Bosnia. According to the indictment, they conspired with former Croatian president Franjo Tudjman, ex-Croatian minister of defence Gojko Susak, General Janko Bobetko and Boban to expel Bosniaks and other non-Croats from the Croat-held territories. Rupcic this week told the Hague tribunals judges that he had regularly carried bags of money containing tens of millions of Croatian dinars from Croatia into Herceg Bosna. Rupcic, who worked in the finance department of the breakaway government, described Boban as god and bludgeon in Herceg Bosna, and said everyone else was in his shadow. The money is said to have come from the Croatian government and donations from Catholic charities. One document presented to the court showed that at one point the account held 131 billion Croatian dinars (almost 2 billion German marks at the time). Assets were collected from taxes and contributions as well from foreign donations, he said. You need to know that Catholic missions around the world joined in collecting the assets for this defensive war. He dismissed the prosecutors allegations that some of the defendants had controlled the statelets finances. He stood by his claim that in the chain of decision making, the main figures were Boban, who died in 1997, Ante Jelavic, a Croat politician who was to have a leading role in the Bosnian government after the war, and Pero Majic, the witness boss. Boban made all financial decisions related to the Herceg Bosna army I was never present while Boban was making decisions, but judging by Majics words I can confirm this, he said. He said he did not know what most of the money was used for, saying he did not think about it at the time. He added that money had been used to pay soldiers wages, and that the Croatian national banks permission was needed before the Zagreb Economic Bank, PBZ, would hand over the cash. Prosecutor Keneth Scott reminded the witness about statements he gave to investigators in July 2005 in which he clearly indicated that Bruno Stojic with his assistants was making decisions about priorities for the packages of money. The witness explained the discrepancy with the argument that he had previously not realised that the statelets defence ministry was not founded until the end of 1993, and therefore Stojic could not have been connected to the decisions. The prosecutor said that argument was nonsense since Stojic, before he became minister, had headed the Herceg Bosna office for defence, which was to change its name to the ministry of defence afterwards. The defence crowed that the prosecutor is trying to discredit his own witness. Rupcic repeatedly sought to apologise to the defendants for any offense caused and, at the end of his testimony, stressed that he had not appeared of his free will. I didnt come because of a request from the prosecutor but under a court warrant. I was issued with a subpoena, he said. Rupcic has previously served two years in prison, convicted of being part of a group which proclaimed autonomy from Bosnia in March 2001 after their nationalist party performed poorly in elections, and told the court he was bitter about having been made a scapegoat. I was the only Croat sentenced to two years in prison for this project in which I was no one and nothing, while all the others who were its chief movers went free, he said, when asked by the prosecutors about the plot to break free of Bosnia. After he finished speaking, Judge Jean Claude Antonetti thanked him for his time. Although our future is questionable judging by your history, said the judge. Goran Jungvirth is an IWPR journalist in Zagreb. **** www.iwpr.net ******************************************************************** TRIBUNAL UPDATE, the publication arm of IWPR's International Justice Project, produced since 1996, details the events and issues at the International Criminal Tribunal for the Former Yugoslavia, ICTY, at The Hague. These weekly reports, produced by IWPR's human rights and media training project, seek to contribute to regional and international understanding of the war crimes prosecution process. The opinions expressed in Tribunal Update are those of the authors and do not necessarily represent those of the publication or of IWPR. Tribunal Update is supported by the European Commission, the Dutch Ministry for Development and Cooperation, the Swedish International Development and Cooperation Agency, the Foreign and Commonwealth Office, and other funders. IWPR also acknowledges general support from the Ford Foundation. TRIBUNAL UPDATE: Editor-in-Chief: Anthony Borden; Managing Editor: Yigal Chazan; Senior Editor: John MacLeod; International Justice Senior Editor: Merdijana Sadovic; Translation: Predrag Brebanovic, and others; Project Director: Duncan Furey. IWPR Project Development and Support: Executive Director: Anthony Borden; Strategy & Assessment Director: Alan Davis; Chief Programme Officer: Mike Day. **** www.iwpr.net ******************************************************************** IWPR builds democracy at the frontlines of conflict and change through the power of professional journalism. IWPR programs provide intensive hands-on training, extensive reporting and publishing, and ambitious initiatives to build the capacity of local media. Supporting peace-building, development and the rule of law, IWPR gives responsible local media a voice. 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