WELCOME TO IWPRS ICTY - TRIBUNAL UPDATE No. 604, June 6, 2009 JUDGE INVESTIGATES KARADZIC DEAL ALLEGATIONS He asks Swedish foreign minister to come forward with any information he might have. By Simon Jennings in The Hague
COURTSIDE: SERB OFFICER TESTIFIES FOR GOTOVINA DEFENCE Witness describes climate of fear among Krajina Serbs ahead of Croatias Operation Storm. By Andrew W Maki in Brussels PRALJAK SPEAKS OF STRUGGLE TO CONTROL HVO SOLDIERS He says that a huge number of Bosnian Croat troops didnt listen to orders. By Velma Saric in Sarajevo STANISIC TRIAL TO RESTART SOON Accused deemed fit by UN medical officer to participate in proceedings under certain conditions. 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For more information about how you can support IWPR go to: http://www.iwpr.net/donate.html **** www.iwpr.net ******************************************************************** JUDGE INVESTIGATES KARADZIC DEAL ALLEGATIONS He asks Swedish foreign minister to come forward with any information he might have. By Simon Jennings in The Hague The Hague judge in charge of preparing the war crimes trial of Radovan Karadzic has asked Swedens foreign minister to speak with the former Bosnian Serb presidents legal representatives about an alleged agreement which the accused says leaves him immune to prosecution. Judge Iain Bonomy called the Swedish ambassador to The Netherlands, Hans Magnusson, to a court hearing this week to ask for Swedens help in getting to the bottom of Karadzics allegations. The accused insists that in 1996, the former US special envoy to the United Nations Richard Holbrooke agreed to grant him immunity from prosecution at the Hague tribunal in return for for standing down from Bosnian Serb politics. Karadzic has repeatedly sought to interview Swedish foreign minister Carl Bildt on the matter as he alleges the former Bosnian High Representative was a close aide to Holbrooke during that year and was involved in negotiations for him to step down as president. The accused filed a motion on May 25, asking the court to dismiss all charges against him on the basis of the deal he says he struck with Holbrooke 13 years ago. According to his motion, both eyewitness and documentary evidence confirm that Holbrooke offered Karadzic immunity from prosecution at the tribunal at meetings in Belgrade on July 18 and 19, 1996, in return for Karadzic withdrawing from public life. Holbrooke who was the architect of the 1995 Dayton accord which brought peace to the region and is now the US special envoy for Afghanistan and Pakistan has repeatedly denied making any such agreement with Karadzic. This week, Judge Bonomy suggested that Bildt should convey anything he knows about any agreement to Karadzics legal team. What would be helpful would be an indication of Mr Bildt to disclose the full extent of his knowledge of these matters to those assisting Mr Karadzic [in his defence], Judge Bonomy told Magnusson in court on June 3. Karadzic alleges that Holbrooke proposed at the 1996 meetings that if he resigned as president of the wartime Bosnian Serb entity of Republika Srpska and did not participate in upcoming elections, then he would not face prosecution in The Hague. At the time, the agreement was entered into, I had no doubt that Richard Holbrooke had promised that I would not be prosecuted at the [Hague tribunal] and that he had the authority to make that promise, wrote Karadzic in his motion, dated May 25. Dr Karadzic honoured his part of the agreement. He now seeks to require the tribunal to honour Holbrooke's part. The former leader claimed that it would be a miscarriage of justice for the tribunal to prosecute him following the alleged agreement. The indictment should be dismissed, or the proceedings should be stayed, so that the hands of the tribunal are not stained with Holbrookes deception, wrote Karadzic in the motion. Olga Kavran, spokeswoman for the tribunals office of the prosecutor, OTP, said that prosecutors would be filing a formal response to the motion in due course, but reiterated the offices previous position that such an agreement as described by Karadzic would have no legal standing at the tribunal. Even if there was such an agreement, and the prosecution does not accept that there was, even if there was, [the OTPs position is that] it would not be legally valid before the tribunal, [and] that only the [United Nations] Security Council can issue a resolution by which it would affect the tribunals jurisdiction and this has not happened, Kavran told IWPR. Speaking in court this week, Magnusson confirmed that there were no legal obstacles to Bildt giving evidence about the agreement. However, he said that an interview with Karadzics legal advisers would serve no purpose as, according to him, any such agreement would have no legal effect before the tribunal. But Judge Bonomy said Karadzic should be given an opportunity to investigate his claim. [Karadzic] is entitled to cooperation of all states throughout the world for at least establishing [any] factual basis for what he presents, said the judge. Magnusson said that he would communicate Judge Bonomys request to the Swedish government and that it would comply if judges were to order Bildt to appear. If the trial chamber would deem it necessary, Mr Bildt will be made available, he said. Judge Bonomy asked that the Swedish government respond to Karadzics request before the end of the week, noting the necessity of moving forward with the case as it approaches trial. We are anxious to make progress on this issue, he said. It needs to be determined speedily now. There will always be anxiety about the starting date for the trial being maintained as long as this issue remains outstanding. While a final pre-trial meeting has been scheduled for July 20, no start date has yet been set. It is thought unlikely that proceedings will get underway before the courts summer recess from July 27 to August 17. Although Karadzic submitted his motion on May 25, judges are allowing him to supplement this with additional evidence of an agreement as it is made available from various parties. Judge Bonomy confirmed in court that a response to the accuseds request to the UN to disclose any information relating to its involvement in the alleged agreement had not yet been received. Karadzic is trying to show that the Security Council which passed a resolution establishing the tribunal was a party to the alleged agreement granting him immunity and that the court is therefore bound to uphold it. You can take it that the matter will be pursued urgently, said Judge Bonomy. And if this cannot be resolved... then the chamber will... have to decide whether to make an order [for the UN to respond to the request] or not. Karadzic was arrested in Belgrade on July 21 last year, having lived under an elaborate disguise and evaded capture for 13 years since the end of the war in the former Yugoslavia. He is charged with 11 counts of war crimes and crimes against humanity, including two separate genocide charges. The courts indictment alleges Karadzic is responsible for crimes of persecution, extermination, murder and forcible transfer which contributed to achieving the objective of the permanent removal of Bosnian Muslims and Bosnian Croats from Bosnian Serb-claimed territory. Prosecutors are seeking to prove he was the political force behind the massacre of almost 8,000 Bosniak men and boys at Srebrenica in July 1995, as well as the 44-month campaign of sniping and shelling on the city of Sarajevo, which resulted in nearly 12,000 civilian deaths. Karadzic refused to plead to the charges on March 3, citing the agreement he claims he made with Holbrooke, which prompted the judge to enter a plea of not guilty on his behalf. I have a general position in relation to the entire indictment, Karadzic told Judge Bonomy in court. Im challenging it on the basis of my agreement with the international community, whose representative at that time was Mr Richard Holbrooke. This tribunal does not have the right to try me. Judges in The Hague have already held that any alleged agreement granting Karadzic immunity would not hold water before the court. In a decision from December 17, 2008, they ruled that any immunity in respect to an Accused indicted for genocide, war crimes and/or crimes against humanity before an international tribunal would be invalid as a matter of international law. In order to support their decision, judges referred to statutes and conventions which said heads of state were not immune from prosecution. However, Karadzic claims in his motion that he should not receive immunity due to his position as a former head of state, but as someone who has cooperated with the international community on that basis. Although judges ruled that the mandate of the tribunals prosecution would not be affected by any alleged deal made by Holbrooke, Karadzic argues that because he believed the US diplomat was acting either on behalf of the Security Council, or appeared to be doing so, the court is in fact bound by the claimed agreement. The next status conference in scheduled for July 1. Simon Jennings is an IWPR reporter in The Hague. COURTSIDE: SERB OFFICER TESTIFIES FOR GOTOVINA DEFENCE Witness describes climate of fear among Krajina Serbs ahead of Croatias Operation Storm. By Andrew W Maki in Brussels The defence of former Croatian general Ante Gotovina called as its first witness this week a former intelligence officer of the Yugoslav army, JNA, which was the accuseds foe during Croatias 1991-95 war of independence. Slobodan Lazarevic, a former officer of the JNA counter-intelligence service who worked as an undercover agent in Croatia during the war, testified that nationalist propaganda fomented fear of Croats among Krajina Serbs at the time. While the witness did not go into detail about his day-to-day activities at that time, he told Hague tribunal judges he collected information from numerous sources, including all forms of media, local civilians, and minutes from meetings at which internationals were present. Gotovina and fellow Croatian generals Ivan Cermak and Mladen Markac are accused of orchestrating the killing of dozens of people and the shelling and torching of Serb towns and villages as Croat forces retook the Serb-controlled Krajina region in August 1995 during the Operation Storm counter-offensive. An estimated 150,000 ethnic Serbs fled their homes at the end of the action, many never to return. While the prosecution does not doubt the legality of the effort to recapture Krajina, the indictment accuses the three men of being responsible for the deportation and forcible transfer, destruction and burning of Serb homes and businesses, plunder and looting of public or private Serb property; murder [and] other inhumane acts that took place during the massive offensive. As the overall commander of Operation Storm, prosecutors said in court that Gotovina had known beforehand that among his troops were men who had suffered at the hands of Krajina Serbs and were predisposed to revenge crimes. The prosecution also alleges in the indictment that Gotovina had known of the mistreatment of Serbs both during and after the offensive but failed to prevent the crimes or punish the perpetrators. Lazarevics testimony is key to backing up the defence argument that it was an underlying culture of fear which led to the Serb exodus from Krajina, rather than any illegal action by Croatian forces during Operation Storm. Referring mainly to Serb media, Lazarevic said this week that leading up to the offensive, past aggressions by Croatian forces, historical grievances, and nationalist sentiments were manipulated to create a poisonous atmosphere. Each piece of propaganda reinforced a pre-existing fear among Serbs of Croatian forces, he said. All you have to do is just light up a little fire at the centre, understanding that it is already there, lurking in the corner somewhere, so you just emphasise a little bit to bring it back to life again, he said. The witness told the court that the airwaves were full of nationalistic propaganda, while historical arguments were employed to convince Krajina Serbs that they couldnt live side by side with Croats. To create a little bit of tension they will just refer to 1941-1945, when Croatian pro-Nazi forces carried out killings of Serbs and say this is what happened to you then, what do you expect today? But the media were not solely responsible for fear mongering, he added. The late [Croatian] president [Franjo] Tudjman said that he [wanted] Krajina without Serbs in it. That was not a secret, said Lazarevic. During direct examination, Lazarevic also testified that the composition of Krajinas population had shifted in the period between 1991 and 1995, with several hundred Croats leaving voluntarily with the aid of the International Committee for the Red Cross, ICRC. According to Lazarevic, the ICRC assisted both with the transfer of Croats from the Krajina, and the transfer of Serbs into the Krajina. During cross-examination, the prosecution pressed Lazarevic on the nature of the Serb departures from Krajina, seeking to ascertain how much he knew about the convoys of civilians leaving the region. No, I think I made it perfectly clear that from day one [of Operation Storm] we did not have any communication [with Krajina Serbs], said the witness. Lazarevic first appeared before the Hague tribunal in 2002 in the trial of former Yugoslav president Slobodan Milosevic, testifying that Milosevic controlled and financed the Bosnian Serb and Croatian Serb armies during the wars. The statements made by Lazarevic to investigators prior to the Milosevic trial, and the transcripts of his testimony in that case were submitted into evidence by Gotovinas defence team. The trial is scheduled to continue next week. Andrew W Maki is an IWPR contributor. PRALJAK SPEAKS OF STRUGGLE TO CONTROL HVO SOLDIERS He says that a huge number of Bosnian Croat troops didnt listen to orders. By Velma Saric in Sarajevo Former Bosnian Croat official Slobodan Praljak testified at the Hague tribunal this week that the military wing of wartime Bosnian Croat entity Herceg-Bosna was unprofessional and out of control. Praljak is indicted for war crimes along with Jadranko Prlic, Bruno Stolic, Milivoj Petkovic, Valentin Coric and Berislav Pusic. The six are accused of responsibility for the expulsion, rape, torture and murder of Bosnian Muslims and other non-Croats, between late 1991 and early 1994, as part of an alleged plan to ethnically cleanse parts of Bosnia in order to later join them to a Greater Croatia. According to the indictment, Praljak served during the Bosnian war as Croatia's liaison to the Herceg-Bosna government and armed forces, acting as a conduit for instructions from the then Croatian president Franjo Tudjman and other officials. The indictment says that through his various positions and functions, Praljak exercised control over the local Croatian Council of Defence, HVO, armed forces, and was responsible for their logistics, organisation, planning, training, deployment, as well as strategic and combat orders. But Praljak said in court this week that the HVO force was far from organised or even manageable. We didnt have good organisation because we werent a professional army, said Praljak. We didnt have protocols for such a situation [as existed then]. We couldnt control the units. Praljak gave examples of units operating in central Bosnia, in the towns of Bugojno and Gornji Vakuf, and in Herzegovina in the town of Livno. Believe me, a huge number of soldiers didnt listen to orders. You are trying in every possible way to control them but there is no way to do that, not even if you are screaming and intimidating them, he said. I even gave orders in which I tried to scare them by telling them that their comrades will kill them if they dont listen. Of course, that was only an empty threat. I just tried to scare them. Swiss judge Stephan Trechsel interjected, saying, General Praljak, your claim involves a huge number of soldiers. On the basis of your claim, I have the impression that most Croats didnt want to fight, but rather they were coerced by nationalistic leaders? No, your honour, that is not true, replied Praljak. You have to keep in mind that 80 per cent of these people went to war on a voluntary basis. No one could force them to fight if they didnt want to. They had a chance to go west, over to Croatian territory. All these fighters were there on a voluntary basis, and that is why it was so difficult to create order among them. I already said it was not a professional army that could understand the idea of duties and commands. Judge Antonetti then asked Praljak to explain what he did after he had heard from the HVO police that the soldiers of Mladen Naletelic were carrying out ethnic cleansing in Herceg-Bosna. In 2003, the Hague tribunal sentenced Bosnian Croat paramilitary leader Mladen Naletilic also known as Tuta to 20 years in prison for wanton destruction, plunder, persecutions, expulsions, unlawful labour and torture of Bosnian Muslims captives, whom he used as slave workers and as human shields in the front lines. Praljak replied that he didnt know anything about this. He stressed that the only means he had of disciplining troops was to deal with them without a trial. I could judge them only with a gun. That means that I would have to commit a crime in order to punish crimes which were already committed. My only way was to use guns with Mladens people and, in that way, anarchy was created in my system, he said. Judge Antonetti then drew a parallel with the Bosnian army which he said had managed to tackle a similar difficulty. But the Bosnian army command found a way to solve that problem. Why didnt you do the same with your units, General Praljak? Judge Antonetti asked the accused. Your Honour, I could not solve that problem with 300 or more people, responded the defendant. Referring to the actions of Naletilics paramilitaries, Praljak said that he never saw the [Bosnian Muslim] prisoners and didnt have any information that some war prisoners were taken to the front line where they had to work. In August 1993, when I heard that a number of prisoners were working on the Mostar military front line, I gave an order that we must withdraw them from there, he added. The defence team then presented the order for withdrawals with Praljaks signature. When asked by the trial chamber what he did to punish the officer who ordered prisoners to go to the front line, Praljak said nothing. I claim that this did not happen in my zone of responsibility or in the zone of responsibility of our main headquarters. We didnt have anything to do with that, he said. I also did not have any authority in the military prisons because I didnt get any complaints from my soldiers. Had I got complaints from my soldiers, I would have asked for an investigation. Judge Stephan Trechsel then asked for further clarification. I dont get your point, General Praljak, he said. First, you claim that you dont have any authority or responsibility, and then you claim that if one of your soldiers had complained, you would have asked for an investigation. It is very contradictory. I could not give any orders, but I could ask for an investigation if they had complained, said Praljak. In that case, I would have tried [to intervene]. The trial continues next week. Velma Saric is an IWPR-trained journalist in Sarajevo. STANISIC TRIAL TO RESTART SOON Accused deemed fit by UN medical officer to participate in proceedings under certain conditions. By Simon Jennings in The Hague Judges hearing the case of two former Serbian security officials at the Hague tribunal are on the verge of setting a date for their trial to restart amid lingering concerns about the health of one of the defendants. The trial chamber has decided to continue with the delayed proceedings after the United Nations prisons reporting medical officer Dr Michael Eekhof said in a report of June 2 that [Jovica Stanisics] general condition has improved slightly. Although his state of mind is depressed, in my opinion, as general practitioner, there are no evident psychiatric reasons preventing him participating in proceedings, wrote Eekhof in his report. In the document, Eekhof also said that the defendant was fit to participate in proceedings for up to an hour in the bed in the video-conference room. Due to ongoing medical problems, Stanisic failed to appear at a hearing in court again this week or to follow proceedings via a video link set up for him from the UN prison where he is being held as final preparations were made in The Hague for his war crimes trial to begin again. The defendant had also failed to show up two weeks ago when a hearing was held after he was recalled from provisional release in Serbia where he had been receiving medical treatment. Stanisics poor health brought his trial and that of his former deputy, Franko Simatovic to a halt only two weeks into proceedings, on May 16, 2008, when Stanisic was unable to attend court hearings or watch proceedings via the UN prison video link. He was suffering from a number of ailments including osteoporosis, kidney stones, pouchitis and depression and had refused to give up his right to be present during trial hearings. This week, however, he waived his right to be present at the pre-trial conference held between the judges, the prosecution and both defence teams. Stanisic was head of Serbian state security, DB, between December 1991 and October 1998 and is standing trial alongside Simatovic, also known as Frenki, who was the commander of the DBs special operations unit between 1991 and 1995. According to the prosecutions indictment, both men are responsible for atrocities during the war in the former Yugoslavia which led to the forcible and permanent removal of the majority of non-Serbs, principally Croats, Bosnian Muslims and Bosnian Croats from large areas of Croatia and Bosnia and Hercegovina. Both defendants have pleaded not guilty at the Hague tribunal to charges, which include murder, persecution, forced deportation and other inhumane acts. Prosecutors allege the pair provided logistical support for Serb paramilitary units including Arkans Tigers, the Red Berets, the Scorpions and Martics militia which committed crimes against non-Serbs in Croatia and Bosnia. Judges have been monitoring Stanisics health since the trial was suspended, after granting both defendants provisional release on May 26, 2008, so that Stanisic could receive medical treatment in Belgrade. On April 24 this year, judges decided that the case could get under way again, ruling that they were satisfied that Mr Stanisic is able to endure the rigours of a trial and to effectively participate in the trial provided that accommodating measures are introduced. Judges have decided to hold hearings just two days a week and if the defendant is unable to attend court then he is able to follow proceedings via video link from the UN prison. He will be able to communicate with his legal team in the courtroom via a telephone line from his bedside. The hearings will also take place in the afternoon to allow for Stanisic to undergo a medical examination, if required, during the morning. This week, judges confirmed that the trial would start in the coming weeks as soon as a firm schedule is set by the court. Eekhof joined the in-court preparations this week via the video link from the UN prison to discuss his latest medical report with the judges and the parties. Presiding judge Alphons Orie asked Eekhof to explain his conclusions about the length of time that Stanisic would be able to follow proceedings via the video link. When talking about his health, he cannot hold normal conversations [for] more than an hour, said Eekhof. Eekhof also said that Stanisic was unable to sit up for more than ten minutes at a time due to his back pain. However, he confirmed that this problem was improving slowly and that Stanisic was getting more mobile. Eekhof also explained that Stanisic had twice refused physiotherapy treatment that could help his back. He has been lying so long that he needs to be more active in the long term, he told Judge Alphons Orie, confirming that the defendant has said he does not want to receive physiotherapy. He has been transported to hospital but it is always quite a painful experience for him, which I do believe. Judge Orie asked if Eekhofs conclusions about the level of pain experienced by Stanisic were based only on what the defendant told him. Thats what I have to rely on, said Eekhof, pointing to the subjective nature of a patients pain. When questioned further by prosecutor Dermot Groome, Eekhof confirmed that Stanisic was taking medication for the pain and that his assessment of his ability to sit up and follow proceedings was based on his condition following such treatment. Although the court had not confirmed its trial schedule, the prosecution informed the chamber that it was ready to give their opening statement when called upon to do so. The opening statement is prepared. We are ready to give that whenever [the chamber decides on a date], Groome told the court. However, he requested that the court give them two weeks notice to finalise arrangements to bring witnesses to The Hague. Judges also delivered a ruling this week allowing prosecutors to bring additional evidence to the trial which came into their hands earlier this year. The evidence includes a notebook which, noted Judge Orie, appears to belong to the Bosnian Serb military commander, Ratko Mladic. Mladic is still on the run 14 years after he was charged at the tribunal with masterminding some of the most horrific acts of the war, including the 1995 Srebrenica genocide when almost 8,000 Muslim men and boys were massacred. According to prosecutors, the notebook contains entries that refer to Stanisics attendance at certain meetings between January 27, 1995, and September 5, 1995, all relating to military operations of the Yugoslav Army ,VJ, and the Bosnian Serb Army, VRS, in Bosnia-Hercegovina in 1995. They said the notebook was seized during a raid authorised by the war crimes court in Belgrade on the house of Mladics wife, Bosiljka Mladic, on December 4, 2008. Other evidence brought in included documents seized from Serbias ministry of foreign affairs in June 2008. Prosecutors say that these provide important background information [to] the legal and factual situation in terms of the various special units operating during the war in Croatia and in [Bosnia]. The prosecution will also be allowed to submit a transcript of intercepted communication between Stanisic and ex-Bosnian Serb president Radovan Karadzic. It contends that this provides clear evidence of the close relationship and coordination between Karadzic and Stanisic. Karadzic himself is currently in custody in The Hague awaiting trial on war crimes charges which include two counts of genocide. A combat report which prosecutors say relates to Stanisics role and that of the Serbian interior ministry, MUP, in the conflict in Bosnia has also been added to their case. The defence argued that producing the evidence at such a late stage would deny them the opportunity to mount a defence. However, judges ruled that prosecutors could present the evidence at trial though not within the first six weeks of hearings in order to allow Stanisics lawyers enough time to conduct their own research around the documents. Simon Jennings is an IWPR reporter in The Hague. **** 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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