WELCOME TO IWPRS ICTY - TRIBUNAL UPDATE No. 564, August 18, 2008 CONFLICT OF INTEREST CONCERNS HIT KARADZIC TRIAL Observers fear Judge Ories involvement in past cases could cause problems if he presides over Karadzic trial. By Edina Becirevic in Sarajevo
KARADZICS SECRET LIFE DRAWS THE TOURISTS Belgrade travel agent offers tourist trip around sites frequented by former top war crimes fugitive. By Iva Martinovic in Belgrade **** IWPR RESOURCES ****************************************************************** IWPR COMMENT section available at http://iwpr.net/comment.html BIANNUAL REVIEW INTERNATIONAL JUSTICE / ICTY: Report available at: http://www.iwpr.net/?p=tri&s=f&o=344325&apc_state=henptri SAHAR JOURNALISTS ASSISTANCE FUND: To find out more or donate please go to: http://www.iwpr.net/sahar.html COALITION FOR INTERNATIONAL JUSTICE (CIJ) TRIAL REPORTS ARCHIVE: Milosevic and other ICTY Trial Reports as well as Sierra Leone Reports are now available at <http://iwpr.net/?apc_state=hen&s=c> NOW AVAILABLE IN FRENCH: Reporting Justice: A Handbook on Covering War Crimes Courts. Part I: http://iwpr.net/pdf/reporting_justice_p1_w_fr.pdf; Part II: http://iwpr.net/pdf/reporting_justice_p2_w_fr.pdf **** www.iwpr.net ******************************************************************** TRIBUNAL UPDATE RSS: http://www.iwpr.net/en/tri/rss.xml RECEIVE FROM IWPR: Readers are urged to subscribe to IWPR's full range of free electronic publications at: http://www.iwpr.net/index.php?apc_state=henh&s=s&m=p GIVE TO IWPR: IWPR is wholly dependent upon grants and donations. For more information about how you can support IWPR go to: http://www.iwpr.net/donate.html **** www.iwpr.net ******************************************************************** CONFLICT OF INTEREST CONCERNS HIT KARADZIC TRIAL Observers fear Judge Ories involvement in past cases could cause problems if he presides over Karadzic trial. By Edina Becirevic in Sarajevo The possibility of Judge Alphonse Orie presiding over the trial of former Bosnian Serb leader Radovan Karadzic has caused a stir in the Balkans and the legal community, with concern focused on potential conflicts of interest as a result of his prior involvement in several high-profile cases at the tribunal. While Judge Orie has not been officially assigned to the Karadzic case arguably one of the most significant trials in the annals of international justice his appointment as pre-trial presiding judge makes this highly probable. In legal terms, a conflict of interest refers to a situation when a lawyer or judge has competing professional or personal obligations or interests that make it hard to fulfill his or her duties fairly. As one of the most experienced judges at the tribunal, Judge Orie will have an intricate knowledge of events which took place during the Balkans wars, as well as of previous tribunal jurisprudence. However, some observers say that his involvement in other trials could place him in a difficult position. Twelve years ago, the judge acted as co-counsel in the defence team of Dusko Tadic, the first Bosnian Serb indicted for war crimes by the Hague court, who was convicted of war crimes and crimes against humanity and jailed for 20 years. He was also presiding judge in the case of former Bosnian Serb parliamentary speaker and close ally of Karadzic Momcilo Krajisnik, who was found guilty of crimes against humanity, but acquitted of genocide charges. In 2006, Krajisnik was sentenced to 27 years in prison. Judge Ories involvement in other cases means he should not preside over the Karadzic case, according to Fadila Memisevic from the Sarajevo-based section of human rights organisation Society for Threatened Peoples. She said that statements Orie made in earlier cases indicate that a possible conflict of interest could emerge during the Karadzic trial. If we carefully read the decision in the Krajisnik case, it seems that Judge Orie agreed with Serb experts and witnesses who claimed that what happened in Bosnia was just a civil war unplanned and impossible to control which was also the view taken by the Tadic defence, Memisevic told IWPR. Karadzic prosecutors are expected to argue the opposite that mass killings, persecution and deportation of non-Serbs from large swathes of Bosnia between 1992-95 were all part of a plan the aim of which was to secure control of those areas which had been proclaimed part of the Bosnian Serb republic. What worries me most is that Judge Ories take on the events in Bosnia [as outlined in the Krajisnik judgement] could influence his judgement in the Karadzic case, she added. Amor Masovic of the Bosnian Missing Persons Committee had concerns about Orie having previously defended Tadic. Dusko Tadic was a soldier of the army whose superior commander was Karadzic. Being the defence lawyer of that soldier and then being a judge in a case against his commander is, to put it mildly, very problematic from the point of view of justice, she said. A Bosnian lawyer, who spoke on the condition of anonymity, told IWPR that a judge with previous involvement as a defence lawyer in a related trial would never be appointed to preside a case in a Bosnian war crimes court. He said the perception that there could be a conflict of interest should be enough to prompt Orie to stand down. I think it is up to Judge Orie to recognise the importance of Karadzic case and step down, because too many people believe he might have some prejudice in this trial, said the lawyer. Some legal experts outside the region have similar concerns. Goran Sluiter, a professor of international criminal law at the University of Amsterdam, points out that the Krajisnik judgement states that Karadzic was part of a criminal conspiracy with his former colleague, Krajisnik. Momcilo Krajisnik was a member of the Bosnian Serb leadership, together with Karadzic. The trial chamber led by Judge Orie has already established that Krajisnik and Karadzic were members of a joint criminal enterprise, which served as the basis for the conviction of Mr Krajisnik, told IWPR. Sluiter notes the many similiarities between the two Bosnian Serb politicians indictments and argues that findings in the Krajisnik judgement seem to implicate Karadzic. Reading the Krajisnik judgement, one notices numerous highly incriminating findings concerning Karadzic, he said. Basically, it appears that by considering Karadzic as a member of this joint criminal enterprise, the trial chamber convicted not only Krajisnik, but Karadzic as well. Dr Carole Hodge, tribunal expert and author of Britain and the Balkans, said she felt uneasy about Judge Orie presiding over the Karadzic trial particularly as, in her view, a very narrow definition of genocide was adopted in the Krajisnik judgement. Judges in the Krajisnik case found that while there was evidence that crimes committed in Bosnia constituted the actus reus, or criminal act, of genocide, they did not establish that the accused possessed mens rea, or genocidal intent, which is needed to prove the charge. While Hodge noted that in strict legal terms it could be argued that there would be no conflict of profesional and personal interests for Orie, she said given the gravity of the Karadzic trial and its wide-reaching implications in the region and for international law it would be in the interests of justice to select judges who have no previous involvement in related cases. Professor of international law and director of Transnational Law Institute at Washington and Lee University, Mark Drumble, said that if Judge Orie were to preside over the trial, the competing history of events that was raised in Tadic's defence might raise the spectre of conflict of interests, especially if that same general evidence were tendered against Karadzic. That said, it's entirely up to the parties to make an objection on this issue, else the discussion is just theoretical. Spokesperson for the tribunal Nerma Jelacic said that the courts rules allow any party who might have some concerns with regard to possible judicial prejudice or conflict of interests to raise them before the tribunals judges. According to tribunal rules, A judge may not sit on a trial or appeal in any case in which the judge has or has had any association which might affect his or her impartiality. The judge shall in any such circumstance withdraw, and the president shall assign another judge to the case. According to Sir Geoffrey Nice, British lawyer and former prosecutor in the case against ex-Yugoslav president Slobodan Milosevic, the fact that Judge Orie acted as defence counsel in the Tadic case should not mean there will be a conflict of interest if he presides over the Karadzic trial. Advocates and judges are expected to act objectively and dispassionately, on the basis of instructions given by a defendant [if defending as an advocate] or on the basis of evidence [if making decisions as a judge], he said. He added that in theory, Judge Ories findings in the Krajisnik case which identified Karadzic as a member of a joint criminal enterprise should not present a problem either. His having already made a factual decision as a judge in another case that there was a joint criminal enterprise involving Karadzic of the same kind as charged in this indictment should create no technical difficulty, as a judge should be able to put out of her or his mind the evidence received and decisions made in an earlier trial, he said. However, he added that in a trial like that of Karadzic where the issue is so serious and substantial, this might be difficult in practice. It might be thought to be asking the impossible of a judge to decide the issue of Karadzic's participation in a [joint criminal enterprise] on the evidence in this trial without regard to the finding made in the previous trial where Karadzic was not present to argue his position, he said. This could found an argument to have Orie recuse [disqualify] himself from the Karadzic trial, he said, adding that the issue should be dealt with fully by the tribunal. Of course, if the prosecution is able to get the previous conviction [of Krajisnik] and the previous finding of a [joint criminal enterprise] involving Karadzic into evidence within the tribunal's rules then the problem could be overcome. But the decisions about admitting that conviction on that basis would rest with Orie and his fellow judges so the same or similar problems of prejudice or pre-judgement would arise. It would clearly be easier to meet these possible problems by having the Karadzic case presided over by a judge who does not have these difficulties to face, concluded Nice. Jelacic defended the choice of Judge Orie as pre-trial judge. Like all other judges, [Judge Ories] post was approved by the UN General Assembly, she said. [He] is one of the most experienced and well respected judges of this tribunal. Edina Becirevic is senior lecturer at the University of Sarajevos Faculty of Criminal Justice Sciences. KARADZICS SECRET LIFE DRAWS THE TOURISTS Belgrade travel agent offers tourist trip around sites frequented by former top war crimes fugitive. By Iva Martinovic in Belgrade Until recently, a small pub named the Mad House in the New Belgrade suburb of the city was known only to a few people, mainly residents of nearby concrete tower blocks typical of post-World-War-Two architecture in the former Yugoslavia. But that changed after one of its regulars, who happened to be one of the most wanted men in Europe, was arrested last month. The capture of the former Bosnian Serb leader Radovan Karadzic who it is claimed often drank in the pub has suddenly placed the Mad House in the spotlight. These days, crowds flock to the bar, now included on a Belgrade sightseeing tour called Following Karadzics Footsteps which includes places where Karadzic lived and socialised while he hid from justice under a false identity. According to the Serbian authorities, Karadzic was captured on July 21 in an undisclosed location in a Belgrade suburb. The accused, however, claims he was detained three days before, in a bus taking him to a vacation spot outside the city. Before he was arrested, Karadzic spent several years disguised as long-haired, bearded alternative health guru Dragan Dabic, and moved freely throughout Serbia, right under the nose of the local authorities. It was as Dragan Dabic that Karadzic allegedly frequented the Mad House. A regular client of the pub who wished to remain anonymous said that most tourists who come here order Karadzics favourite red wine Medvedja krv Bears Blood and some even ask to have it served in the glass he used. I dont think there is a particular glass he used. It is a trick used by the pubs owners to cash in on Karadzic, he said. Above the table at which the owners claim Karadzic regularly sat is a photo of him along with Bosnian Serb general and war crimes fugitive Ratko Mladic. Next to that hangs a picture of the late Yugoslav president Slobodan Milosevic. The photos have apparently hung in the same place for the last ten years. Tourists can also visit a bakery and a pancake house in which Karadzic reportedly ate; see his home in Block 45, a district of concrete tower blocks; and hop on a bus on the same route as the one on which he was allegedly arrested. Tanja Bogdanov, director of Belgrade tourist agency Vekol Tours which organises this tour, says the addition to the regular sightseeing trip around Belgrade has been a great success. She stresses that the tour has no political connotations whatsoever. It is important to say that our guides are not allowed to say anything while taking the tourists through Block 45 in New Belgrade. We don't want to express any political opinions, she said. Bogdanov explains that was made at the request of their foreign partners and has been specially arranged to cater for foreign travellers. I am a tourist worker, and [the sites are] an attraction, she explained. Judging by the droves of people signing up for this tour, it seems that many are fascinated with Karadzics ability to avoid arrest for so long. However, some in the region find this morbid interest in the war crimes suspect distasteful. It is sad that tourist packages celebrating the real great people of this country do not exist, but we have a Belgrade tour dedicated to Radovan Karadzic, said expert on Serbian culture Milena Sesic Dragicevic. Dragicevic said that people should set aside their pre-occupation with Karadzic, and instead face up to the atrocities committed during the Bosnian war. On the surface, this may seem like a smart business move, but it actually shows the real depth of a moral and ethical crisis in our society. Everyone now talks about Radovan Karadzic, aka Dragan Dabic, but people in Serbia still do not talk about Srebrenica, she added. Prominent Belgrade-based movie director Gorcin Stojanovic agrees. A tour named Following Karadzics Footsteps should actually be organised in Bosnia, and it should include all places where horrible war crimes were committed, of which Karadzic has been accused, he said. That tour would be something. Iva Martinovic is an RFE reporter and IWPR contributor in Belgrade. **** www.iwpr.net ******************************************************************** ICTY - TRIBUNAL UPDATE, which has been running since 1996, details events and issues at the International Criminal Tribunal for the Former Yugoslavia, ICTY, in 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 ICTY - Tribunal Update are those of the authors and do not necessarily represent those of the publication or of IWPR. ICTY - 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. ICTY - TRIBUNAL UPDATE: Editor-in-Chief: Anthony Borden; Managing Editor: Yigal Chazan; Senior Editor: John MacLeod; Editor: Caroline Tosh; Project Manager: Merdijana Sadovic; Translation: Predrag Brebanovic, and others. IWPR PROJECT DEVELOPMENT AND SUPPORT: Executive Director: Anthony Borden; Strategy & Assessment Director: Alan Davis; Chief Programme Officer: Mike Day. **** www.iwpr.net ******************************************************************** IWPR is an international network of four organisations which are governed by boards of senior journalists, peace-building experts, regional specialists and business professionals. IWPR builds democracy at the frontlines of conflict and change through the power of professional journalism. IWPR programmes 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. IWPR - Africa, P.O. Box 3317, Johannesburg 2121 Tel: +2 711 268 6077 IWPR - Europe, 48 Grays Inn Road, London WC1X 8LT, UK Tel: +44 20 7831 1030 IWPR United States, 1616 H. Street, Washington, DC 20006, United States Tel: +1 202 449 7663 Stichting IWPR Nederland, Eisenhowerlaan 77 K, 2517 KK Den Haag, The Netherlands Tel: +31 70 338 9016 For further details on this project and other information services and media programmes, go to: www.iwpr.net ISSN 1477-7940 Copyright © 2008 The Institute for War & Peace Reporting **** www.iwpr.net ******************************************************************** If you wish to change your subscription details or unsubscribe please go to: http://www.iwpr.net/index.php?apc_state=henh&s=s&m=p
