WELCOME TO IWPRS ICTY - TRIBUNAL UPDATE No. 567, September 5, 2008 COURTSIDE:
WITNESS BLAMES LUKIC COUSINS FOR MURDERS Two men accused of responsibility for murdering 70 of witnesss relatives and neighbours. By Simon Jennings in The Hague UN OFFICER WITNESSED ARSON AND LOOTING Witness believed Croatian troops and police were attempting to cleanse area of Serbs. By Goran Jungvirth in Zagreb CONTEMPT SUSPECT ACCUSES PROSECUTORS OF INTIMIDATION Witness in Seselj trial claims he was exposed to pressure, intimidation and blackmail by tribunal prosecutors. By Simon Jennings in The Hague BRIEFLY NOTED: DUTCHBAT VETS TO TESTIFY FOR KARADZIC DEFENCE Defence lawyer says testimony of Dutch soldiers will help prove his clients innocence. By Aleksandar Roknic in Belgrade JOKIC GRANTED EARLY RELEASE Former Yugoslav navy commander to be released early on account of remorse and good behaviour. 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By Simon Jennings in The Hague A Bosniak who lost his mother and two sisters in the torching of a house in Visegrad in 1992 said this week that Hague tribunal defendants Milan and Sredoje Lukic were among those responsible. Huso Kurspahic gave evidence at the tribunal this week about events at a house in Pionirska Street in the eastern Bosnian town during the war of 1992-1995. Prosecutors say that on June 14, 1992, 70 Bosniak women, children and elderly people were locked inside the house and burnt alive. The Lukic cousins are charged on a total of 21 counts of persecution, murder and cruel treatment in their alleged effort to rid Visegrad of Bosniaks between 1992 and 1994. The indictment against the two cousins includes the incident in Pionirska Street, where it alleges, Milan Lukic, Sredoje Lukic and others barricaded the people in one room of the house and placed an incendiary device in the room, engulfing both them and the house in flames. Kurspahic told the court that both the accused had set fire to the house, inside which as many as 50 of his relatives were burnt alive. This was done by Sredoje Lukic, Milan Lukic, [and] Mitar Vasiljevic there were a total of seven men who arrived in front of the house on Pionirska Street, the witness told the court. Vasiljevic, a friend of the Lukic cousins, was sentenced at the Hague tribunal to 15 years in prison in 2004 for acts of murder and persecution in Visegrad during 1992, but was acquitted on charges related to the Pionirska Street fire. Kurspahic was the commanding officer of the police administration in Visegrad until he fled the town on April 6 1992, he said. He added that he worked alongside the accused Sredoje Lukic for approximately 10 years. Kurspahics evidence is based on conversations he had with his father, who survived the Pionirska Street fire and whose dying wish was to expose the truth about the incident. During my first encounter with [my father] after the fire, he started crying when he saw me and he said, I leave it up to you to tell about what happened on that day in Pionirska Street in Visegrad, since I am sick and old and probably wont live long enough to see freedom [from paramilitaries wartime control of Visegrad], said the witness. The prosecution also alleges that around June 27, 1992, both the accused forced approximately 70 Bosniaks into another house in Bikavac near Visegrad, before setting fire to it with explosives. Kurspahic described his meeting with a survivor of the Bikavac fire. Her body was an open wound. Everything face, hands, body were covered in wounds that exuded such a bad smell we could not come close to her, the witness told the court. The woman is due to testify before the tribunal as a protected witness. When prosecutor Stevan Cole asked whom the woman held responsible for the Bikavac fire, Kurspahic replied, She only mentioned Milan Lukic, Sredoje Lukic and Mitar Vasiljevic, saying it was them who had set the house on fire. Kurspahic who appeared as a protected witness in the Vasiljevic trial, but testified in open session this week also sought to shed light on events at Visegrads Uzamnica barracks, where it is alleged that both the accused mistreated detainees at a prison camp there between August 1992 and October 1994. Kurspahic said he heard that his own son was executed at the camp. As I learned, he was taken to the Uzamnica military barracks in Visegrad and that was where he was executed, said the witness. If you want to know from whom I learnt it, it was Milan Lukic. In his cross examination, Milan Lukics defence lawyer Jason Alarid sought to undermine Kurspahics evidence as coming completely from someone elses understanding of events rather than being based on personal observation. Excluding what people told you or what you heard, you really know absolutely nothing about the Pionirska Street fire or the Bikavac fire. This all came second-hand to you, isnt that true? asked Alarid. The witness agreed, confirming that he was not actually present at either incident. Alarid also referred to a television interview given by Kurspahics father after the Pionirska fire in which he made no mention of the Lukic cousins. That is true, replied the witness. But you have to look at this man and how he looked after this tragedy in which 70 of his neighbours and relatives, including his wife, were burnt what kind of statement would you give if you were in his shoes? Alarid also pointed out inconsistencies in the witnesss statements to the tribunal, saying he had not mentioned the woman who was injured in the Bikavac fire in a statement he gave in 2000. Isnt it true that over time, your statement has changed and you have added names to your fathers statement since he gave it in 1992? Alarid asked the witness. I gave a statement in which I repeated what he told me. I dont know what he said earlier, said Kurspahic. The defence counsel for Sredoje Lukic used his time for cross examination to dwell on the friendly relationship the witness shared with his client over the ten years they worked together in Visegrad. Asked by the counsel if he ever asked himself whether Sredoje Lukic, as a friend and colleague, could really have been a part of these crimes, Kurspahic replied, I would not be able to do to him what he did to me To a real man, it is not logical. Pressed further by Judge Patrick Robinson as to how he felt when he heard Sredoje Lukic was responsible for the crimes, Kurspahic said, It was hard to believe. But I did believe and it actually happened. The witness concluded that the woman who told him about Sredoje Lukics involvement at Bikavac had no reason to lie and that no person would tell you a story that did not happen. Well, I am not sure about that, replied Judge Robinson. Simon Jennings is an IWPR reporter in The Hague. UN OFFICER WITNESSED ARSON AND LOOTING Witness believed Croatian troops and police were attempting to cleanse area of Serbs. By Goran Jungvirth in Zagreb A United Nations officer testifying in the trial of three Croatian generals said he saw Croatian troops commit arson and looting in the Serb-held area around the town of Knin during a military operation in 1995. Former United Nations intelligence officer Phil Berikoff said he believed these atrocities were aimed at ensuring that so-called Chetniks would not come back. While the term Chetnik, which originally referred to royalist fighters during the Second World War but came to apply to Serb paramilitaries during the Balkan wars of the Nineties, Berikoff said he heard it being used to describe all Serbs. The three generals are on trial accused of command responsibility for crimes allegedly committed against Serb civilians during Operation Storm, launched by Croatia with the objective of re-taking the Krajina region. Of the accused, Ante Gotovina was in overall command of the operation, Ivan Cermak was commander of the Knin garrison, while Mladen Markac was a special police commander. The generals are accused of taking part in a joint criminal enterprise aimed at cleansing the Serb population from parts of Croatia. According to the indictment, Croatian forces precipitated a mass exodus of Serbs from the region, initiated by Operation Storm, which ran from August 4 to 8, 1995. The indictment says that at least 30 people were killed in Knin, and at least 150 others died in the whole of the Krajina region from August to November 1995. The witness a Canadian who also worked for the tribunal prosecution for seven years was based at UN headquarters in the area from July 17 to September 5, 1995. Berikoff was a communications officer responsible for maintaining contacts between the UN base in Zagreb with the HQ in Knin. He had contact with the UN high command in Knin, UN observers, and Croatian forces. During the second day of Operation Storm, August 5, he said he left the UN facility in Knin and circled the area, seeing many villages in flames. In the villages of Kistanje, Cetina and Donji Lapac, he said he witnessed Croatian soldiers along with both special and civilian police looting and destroying houses. After the five-day operation ended, the burning and looting continued, he said. Sometimes we were driving through that area and saw marks on houses, and on some other occasions, we saw members of civilian police or HV [Croatian army] marking those houses which were not to be touched, said the witness. He explained how the houses marked as Croatian were left untouched, while unmarked houses belonging to Serbs were destroyed. The witness said he thought this was a deliberate attempt by Croatian forces to prevent Serbs from returning. To explain why he thought this, Berikoff recalled a conversation he had with then Croatian mayor Ivan Juric, who told him that the looting and burning of Serb homes was to prevent Chetniks returning to Krajina. The witness said the term was commonly used by some Croats to refer to all Serbs. No matter if [they were referring to] soldiers, civilians, women or children. That was a common term used by Croats when speaking and describing members of Serbian nationality, explained the witness. This week, Berikoff also gave testimony which revised previous statements he made to the International Criminal Tribunal for the former Yugoslavia. He said he had changed his mind since he told investigators of the Office of the Prosecutor, OTP, that Knin the administrative centre of the Serb-held territory was indiscriminately bombarded by Croatian troops. In the three statements he gave to the OTP in 1996 and 1997, Berikoff said that at least 100 civilian buildings were hit in the attack on Knin on August 4 and 5, 1995. He said at that time that this proved the town was shelled indiscriminately. However, in the fourth statement given to the OTP in 2007, he came to another conclusion. There were military targets in Knin, and the shelling was not as unselective as I first thought, and it was carried out with adequate weapons [for the intended purpose], he told Hague judges, in reference to his fourth statement. There were facilities that could be considered military targets, he said, adding that these included an army barracks, a factory and railway station. When asked to explain why he changed his initial statement, he said that during the offensive, it seemed that it all came down on Knin. The witness explained that when he looked at maps and aerial images at a later date, he realised the shelling had not been as unselective as he had previously thought. However, he repeated his view that the collateral damage was significant and much of the shelling was unnecessary because there were no Serbian forces left in Knin. During cross-examination by Gotovinas attorney Greg Kehoe, Berikoff confirmed that there was a Serb rebel liaison centre and command post in Knin. If he had he been a Croatian army commander, he said, he would have first attempted to destroy the enemys communications by targeting these facilities. Asked about the weapons the Croatians used to destroy buildings, Berikoff said that these were appropriate for the purpose, and that he would have used the same himself. He also allowed the possibility that the collateral damage in Knin could have been caused not by the Croatians, but by the other side. The Serb forces could have used missile launchers to protect their withdrawal, he said. During his testimony, Berikoff said that he thought some estimates of the number of civilians killed in Knin during the offensive had been exaggerated. At the time of Operation Storm, Berikoff wrote in his diary that he had seen between 300 and 400 dead civilians in Knin. He later removed the entry from the diary. I distanced myself from that estimate, because I did not see the bodies, he said in response to questioning by Gotovinas lawyer. The witness explained he had got the information from his superior, Colonel Andrew Leslie, who has already testified in the trial. Many people, including me, had a tendency to exaggerate. That piece of information was an exaggeration, said Berikoff. On August 4 and 5 1995, Berikoff went into town several times and saw about 15 or 20 wounded people in and around the hospital. Some of them appeared to be soldiers, while others were only partially dressed in camouflaged uniform, said the witness. Gotovinas lawyer showed him a statement by another international official saying that the schoolhouse, situated next to the police station in Knin, served as lodgings for 500 Serb combatants. I was not interested and it was not my duty to establish what individual buildings were used for, replied the witness. Berikoff confirmed that the Canadian UN battalion was dispatched to the Knin hospital on August 4 to evacuate the wounded. Asked if those were soldiers, he said there were military-aged men among them. At the end of his testimony, the witness told the court that on there were some local gangs on the ground that were beyond the control of the Croatian army and were many times even better equipped than [the] military. Berikoff went on to say that those paramilitary gangs showed disobedience and acted differently from the military. It is like that everywhere, from Somalia to the rest of the world, he said, indicating that these units were loyal to local warlords and not to the regular Croatian military. The trial continues next week. Goran Jungvirth is an IWPR-trained journalist in Zagreb. CONTEMPT SUSPECT ACCUSES PROSECUTORS OF INTIMIDATION Witness in Seselj trial claims he was exposed to pressure, intimidation and blackmail by tribunal prosecutors. By Simon Jennings in The Hague A witness accused of contempt in the trial of Serbian nationalist leader Vojislav Seselj this week said tribunal prosecutors issued threats against him and his family. Ljubisa Petkovic, the former head of the war staff of the Seseljs Serb Radical Party, SRS, made the allegations when he appeared before judges this week to face charges of contempt of court for not responding to two subpoenas to testify in the case. I was exposed to pressures exerted against me by the Office of the Prosecutor [OTP] at the Hague tribunal. Not only pressures but also threats , he said. After six years of pressure, intimidation and blackmail on the part of the OTP, I sought suicide as my only way out. Petkovic was supposed to be a protected witness for the prosecution in the Seselj trial. Although he was called to testify as a prosecution witness on January 8 this year and as a trial chamber witness on May 13, he failed to appear in court on both occasions. He told the court on September 3 that threats and blackmail by the tribunals OTP prevented him from testifying. Under tribunal rules, a witness who does not respond to a request to testify can be held in contempt. According to presiding judge Jean-Claude Antonetti, the rule applies to those who knowingly and willfully interfere with [the tribunals] administration of justice, including any person who without just excuses fails to comply with an order to attend before a chamber. If found guilty, Petkovic could face a maximum penalty of seven years imprisonment, a 100,000 euro fine or both. Because the case is brought against the accused by the trial chamber, the prosecution was not in court to address Petkovics accusations. However, OTP spokeswoman Olga Kavran later denied his claims. We reject these allegations, but as the contempt proceedings are pending before the court we cannot comment specifically on things, she told IWPR. Petkovic was first contacted by the tribunal in 2002, when he was interviewed as a suspect. After that, he said, he cooperated with the OTP fully. I did not avoid contact with the prosecution, not for a moment. I was always available to them, to the Serbian police. I was available to all of them at all times, he told the court. He explained how he had also put another individual in touch with the prosecution so that he too would come and testify for them in the Seselj case. However, Petkovic went on to describe events in 2006 which caused his attitude towards the OTP to change. He said that prosecutor Daniel Saxon called him in the autumn of 2006 asking for an urgent meeting. According to Petkovic, Saxon said a list of eight witnesses including him had been leaked from the tribunal via Seseljs wife, and he and his family were now in danger. Petkovic said Saxon offered to transport his family to Slovenia where they would be safe. He told the court how on hearing this, he lost the ability to speak and was completely disorientated. At that moment, I started seeing an enemy in everyone I came across, at work, when I would walk down the street and turn back to see if anyone was following me, he told the court. Petkovic said that a protected witness in the Seselj trial bearing the code name VS033 also threatened him two months after Saxons warning. He told me personally that somebody would kill me, he said, explaining that after the witness actually testified earlier this year, he telephoned Petkovic to try to convince him to corroborate certain things he had said in court. Petkovic said after reflecting on the security threat outlined by Saxon, he began to consider the possibility that it was the OTP that was kidnapping families and then blaming it on the SRS. The witness told the judges that he was contacted again by the OTP a month or two later, but he no longer had the will or strength to see anyone from OTP, because in 2006, it had already been four years of intimidation. It was then that he went to the SRS and realised that members were not plotting against him, so he agreed to testify in Seseljs defence, he said. I started trusting them. I gave them my confidence and I immediately expressed my desire to testify for the defence, he said. He then described how he drafted a statement which he gave to Seseljs legal team in order for it to be sent to the trial chamber. I wanted to make the trial chamber aware that I had terminated my contact with the investigators and that I was willing to appear as a defence witness in the trial of Vojislav Seselj, said Petkovic. Asked by the judges why he did not communicate directly with the trial chamber, he blamed his state of mind. There was no ill intention on my part. I simply couldnt communicate with myself. I was anxious, I had a conflict with my family, I withdrew into myself, he told the tribunal. Petkovics defence lawyer, Branislava Isailovic entered into evidence her clients medical records to support his testimony about receiving neurological treatment. Judge Antonetti also asked Petkovic to clarify whether it was Saxon himself who threatened him, or whether he had simply informed him of threats. It is not clear to me either, Petkovic replied. When Mr Daniel Saxon came he said to me, We have information that eight names were leaked from the Hague tribunal, that it was done by [Seseljs wife]. You are now in danger, as is your family. He didnt tell me anything else. In her closing arguments, Isailovic called for the acquittal of her client, not on the grounds that he did not ignore subpoenas from the tribunal, but rather because his state of health was the reason for everything that has happened to him recently. Petkovic who has been in the tribunals detention unit since May asked at the end of his trial this week that judges deliver their verdict swiftly, because uncertainty and waiting [were] the greatest enemies of [his] biological survival. Judge Antonetti said the trial chamber would hand down a decision as soon as possible. Simon Jennings is an IWPR reporter in The Hague. BRIEFLY NOTED: DUTCHBAT VETS TO TESTIFY FOR KARADZIC DEFENCE Defence lawyer says testimony of Dutch soldiers will help prove his clients innocence. By Aleksandar Roknic in Belgrade A group of Dutch veterans from a unit deployed in Srebrenica in July 1995 will testify for the defence in the trial of former Bosnian Serb leader Radovan Karadzic, according to his lawyer. I am convinced that more than 20 Dutch soldiers and officers will testify in the Karadzic case at the [Hague] Tribunal, lawyer Svetozar Vujacic told IWPR, adding that around 20 of the ex-soldiers had approached him offering to give evidence. The testimonies of these soldiers will help not only Karadzic, but the Serbian people as well, he said. However, the Dutch Veterans Institute could not confirm that ex-soldiers were going to testify in the trial. Karadzic, the former president of Bosnian Serb entity Republika Srpska, is charged with war crimes committed in Bosnia and Hercegovina during the 1992-95 war. He is indicted for genocide in relation to the Srebrenica massacre, in which some 8,000 Bosniaks were killed. In the summer of 1995, nearly 400 Dutch troops were stationed in the area as part of the United Nations Protection Force, UNPROFOR, and their primary duty was to protect civilians in the Srebrenica enclave. The Dutch battalion known as Dutchbat has been criticised for offering little or no resistance to the Bosnian Serb takeover of the UN-designated safe area on July 11 1995, which was followed by the worst massacre on European soil since the Second World War. Observers believe that during the trial, Karadzics defence will try to shift the blame for the Srebrenica killings onto his wartime defence chief General Ratko Mladic, by offering evidence that the general decided to execute thousands of Bosniaks without Karadzics approval. Mladic, who is still on the run, has also been indicted with genocide in Srebrenica. Karadzics lawyer says the testimony of the Dutch veterans will help establish the truth about Srebrenica and provide evidence that Karadzic was not responsible for the massacre which both the Hague tribunal and the International Court of Justice have found to be genocide. People will be shocked when they find out what really happened in Srebrenica, said Vujacic. Milivoje Ivanisevic, head of the Research Centre for Crimes against Bosnian Serbs, also said that 15 to 20 former soldiers from Dutchbat were prepared to give evidence as defence witnesses in the Karadzic trial. Ivanisevic indicated that the soldiers would testify that they did not see the massacre or any abuse of Bosniaks by Serb troops. He also said they would make it clear they did not foresee the massacre from all that they observed on the ground. This might lend support to a possible defence argument that the massacre was unplanned. Wiebe Arts, a historian at the Dutch Veterans' Institute, said that while he had heard rumours that a number of Dutch soldiers might testify in the Karadzic case, he could not confirm this was the case. Neither I nor the association of Dutchbat veterans know who these [witnesses] are and whether Mr Ivanisevic is telling the truth, he told IWPR. I think we will all have to wait for the trial to start to find out whether this will happen. Aleksandar Roknic is an IWPR-trained journalist in Belgrade. JOKIC GRANTED EARLY RELEASE Former Yugoslav navy commander to be released early on account of remorse and good behaviour. By Merdijana Sadovic in Sarajevo Miodrag Jokic, a retired Yugoslav navy commander convicted for the 1991 shelling of Dubrovnik, has been granted early release after serving two-thirds of his seven-year sentence. Jokic who was commander of the 9th Naval Sector of the Yugoslav navy served the last two years of his prison term in Denmark after an appeal before the Hague tribunal confirmed his sentence in 2005. In a decision announced on September 1, the president of the Hague tribunal, Judge Fausto Pocar, noted that Jokics remorse and his model behaviour during his incarceration is indicative of ongoing rehabilitation and weighs heavily in favour of his application for an early release. I am satisfied that the request should be granted effective immediately, said Pocar. The tribunal sentenced Jokic in March 2004, after he pleaded guilty to the shelling of Croatias medieval town of Dubrovnik, while it was under siege by the Yugoslav army, JNA. During shelling on December 6, 1991, two civilians were killed, three were injured and numerous historic buildings were damaged. At the time relevant to the indictment, Jokic was the highest ranking JNA officer in the region. He turned himself in to the Hague tribunal in November 2001. In his decision to grant Jokics appeal for an early release, Pocar noted that Jokic fully and substantially cooperated with the prosecution after his conviction, testifying as an important prosecution witness in the trial of Pavle Strugar. Strugar was commander of the JNAs Second Operational Group, which conducted a military campaign against Dubrovnik in 1991. He was sentenced to seven and a half years in prison after being found guilty of shelling of this city. Jokic announced plans to live in Serbia with his wife following his release from prison. Merdijana Sadovic is IWPRs Hague programme manager. **** 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. 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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