WELCOME TO IWPRS ICTY TRIBUNAL UPDATE No. 639, March 19, 2010 BOSNIAS GANIC EXTRADITION BID UNDER SCRUTINY British lawyers say theres a flaw in the Sarajevo prosecutors request for him to be returned to Bosnia. By Rachel Irwin in The Hague
COURTSIDE WITNESS TELLS OF VLASENICA KILLINGS Says he survived by fleeing at night after others had been killed. GUILTY PLEA IN LUKIC CONTEMPT CASE Witness gets three-month sentence after plea agreement. By Rachel Irwin in The Hague COURT HEARS VJ NOT FORCED TO FIGHT IN BOSNIA Witness says Yugoslav troops could opt out of Sarajevo battle. By Velma Saric in Sarajevo BRIEFLY NOTED EX-KLA MAN IN TRIBUNAL TROUBLE Brahimaj says he missed provisional release meeting because he was asleep. **** NEW ************************************************************************************ IWPR PROJECT REVIEW: DECEMBER 2009 - JANUARY 2010 http://iwpr.net/EN-oth-f-360829 VIDEOS OF THE 2009 KURT SCHORK AWARDS CEREMONY http://iwpr.net/kurtschork09 VACANCIES AVAILABLE http://iwpr.net/vacancies **** IWPR RESOURCES ****************************************************************** 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. 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By Rachel Irwin in The Hague Bosnias attempt to extradite former Bosnian presidency member Ejup Ganic from Britain may founder because of a legal shortcoming, experts warn. Arrested on March 1 at Heathrow airport at Serbias request, Ganic was granted bail on March 11 by Londons High Court and ordered to remain at an undisclosed location until his next court appearance, expected to be later this month. Ganics arrest provoked protests from Bosnian Muslims in both Sarajevo and London and Serbia has denied accusations that the charges against Ganic were politically motivated. Immediately after his arrest, the prosecutors office in Bosnia and Hercegovina submitted a request to Britain for Ganic to be extradited back to Bosnia, in connection with a May 1992 incident in Sarajevo, known as the Dobrovoljacka (Volunteers Street) incident. Serbia is also seeking to extradite Ganic to stand trial for charges related to the episode. At the time, Ganic was a member of the Bosnian presidency, effectively serving as a deputy to then president Alija Izetbegovic. A day before the incident, on May 2, 1992, Izetbegovic was kidnapped by the Yugoslav army, JNA, at Sarajevo airport when he returned from peace negotiations in Lisbon. On May 3, a deal was done under which Izetbegovic would be released and a JNA column would be allowed out of the besieged city by the Bosnian Muslims, but subsequently the column was fired upon. Belgrade says 42 soldiers were killed, and blames Ganic, who was effectively in charge while Izetbegovic was being detained. According to Boris Grubesic, spokesman for the prosecutors office in Sarajevo, Bosnias extradition request was based on the fact that a Bosnian court has been investigating Ganic and other individuals since October 2006; the evidence is in Bosnia; and that Ganic is a citizen and resident there. However, lawyers say that according to British law, the existence of an investigation is not a sufficient reason to request extradition. The problem is that in order to be extradited, youre supposed to be wanted for prosecution, not investigation, said Anand Doobay, an extradition expert at Peters and Peters law firm in London. Paul Troop, a lawyer at Tooks Chambers in London, agreed. If theres an investigation going on, thats not going to be enough, he said. Bosnia is going to have to come clean about what its position is in relation to the investigation and whether or not they have any evidence against Ganic. Grubesic told IWPR that his office has not yet heard back from Britain regarding the extradition request. However, he said that if the Bosnian court was asked for further details on the investigation, they would provide it in accordance to the relevant laws that regulate this matter. Ganic, now president of Sarajevos School of Science and Technology, was arrested after attending a degree ceremony at the University of Buckingham, with which his school has links. The situation has been further complicated by remarks made by Serbian president Boris Tadic last weekend, in which he appeared to suggest that he wouldnt stand in the way of Ganic being returned to Bosnia if he were brought to trial there. Serbia would like to believe that the judicial institutions of Bosnia and Hercegovina are capable of providing a fair and honest trial, Tanjug news agency quoted the president as saying. In additional remarks to IWPR, a spokewoman for Serbias prosecutors office, Jasna SarcevicJankovic, reiterated the presidents sentiments. What we consider important is that those responsible for the Dobrovoljacka incident be brought to justice, she said. On the other hand, it is of paramount importance to the Serbian [prosecutors office] that relations among the countries in the region including [Bosnia] should be normalised, and that war crimes prosecutions should lead to a reconciliation between our two states and peoples. However, the Serbian justice ministry which submitted a full extradition request to Britain on March 10 told IWPR that despite the presidents remarks, there are no plans to withdraw the request. The ministry will not withdraw the request for extradition of Mr Ganic, Milica Bogdanovic, a spokeswoman at the ministry, said, adding that the matter is now in the hands of the British courts. Some observers say that President Tadics comments could indicate a hesitancy to try Ganic in Serbia. Im not sure Serbia really wants him, said Florian Bieber, a political scientist and lecturer in eastern European politics at the University of Kent. If Ganic was tried in Bosnia [then] Serbia could claim a success and say, Well, if we hadnt pushed for it, nothing would have happened in Bosnia. The risk is much lower than having him tried in Serbia when things might go wrong. If [Serbia] doesnt have a water-tight case, just imagine the fallout regionally. It would make Serbia look extremely bad and jeopardise all judicial cooperation in the region. The Ganic case has already highlighted the inherent difficulties with judicial cooperation and parallel investigations. Sarcevic-Jankovic said that the Serbian prosecutors office began examining files related to the Dobrovoljacka case in 2006, after the military court was dissolved. Around that time, she continued, the Serbian prosecutor assisted and provided logistical support to the deputy prosecutor in Bosnia in collecting evidence related to the case. We thought at the time that the prosecutors office [in Bosnia] would open this case, but we have never been informed that it did so, she said. Grubesic, of the prosecutors office in Sarajevo, declined to comment on whether they notified Belgrade when the investigation began. That both Serbia and Bosnia were apparently investigating the case at the same time is indicative of a broader problem, observers say. Theres still really no effective institutional cooperation between the Serbian office and the Bosnian office [of the prosecutor], said Marko Prelec, senior analyst for the International Crisis Group. Theres been attempts to institutionalise a process that would essentially divide cases between the two of them, so they wouldnt end up duplicating efforts and getting in each others way, but that hasnt really worked out, I think partly because of mistrust on both sides. In terms of what happens next, lawyers say that Bosnia can assist Ganic in challenging the extradition in other ways, such as providing materials to support the arguments his lawyers make in court. Along those lines, Doobay said, Ganic and his lawyers can raise bars to extradition, which could include arguing that his human rights might be violated if he is extradited to Serbia. Prelec, of the ICG, also pointed out that recently the Australian supreme court overturned a lower courts decision to extradite one of their nationals of Serbian origin to Croatia, on the grounds that they believed he wouldnt get a fair trial [there]. If judges decide that Ganic should be extradited to Serbia, he can appeal against the decision, and the process could stretch on for quite some time. Rachel Irwin is an IWPR reporter in The Hague. COURTSIDE WITNESS TELLS OF VLASENICA KILLINGS Says he survived by fleeing at night after others had been killed. A prosecution witness in the Hague tribunal trial of Bosnian Serb general Zdravko Tolimir told the court this week that in July 1995 he survived the execution of a group of men from Srebrenica by the Bosnian Serb army, VRS, in the Vlasenica area. Tolimir, the former assistant commander for military intelligence and security in the Republika Srpska, RS, army general staff, is charged with eight counts including genocide, conspiring to perpetrate genocide, extermination, murder, expulsion, forced transfer of population and deportation of Bosniaks, Bosnian Muslims, from Srebrenica and Zepa in July 1995. The indictment includes a charge that Tolimir oversaw on July 16, 1995, a VRS unit which executed more than 1,700 Bosniaks at the Branjevo military estate and the Pilica cultural centre in eastern Bosnia. The witness, identified as protected prosecution witness PW 017, previously testified in the trial of the former chief-of-staff/deputy commander of the VRS Drina corps, Radislav Krstic, sentenced to 35 years in prison for the genocide in Srebrenica. The transcript of that testimony was entered, with photographs, into the record this week. PW 017 described this week how, on July 11, 1995, he came with his family to the village of Potocari and remained there in the Potocari bus company grounds, fearing that he would be executed by the Bosnian Serb army. He said conditions he found on July 11 in Potocari were "chaotic. There was a large pile of people with no accommodation, no food or water, with children screaming and crying". On the morning of July 12, according to the witness, people panicked, "They had heard that the men were being separated from the women." PW 017 decided he would hide with his family in a damaged bus in the compound, where they stayed all day and night. According to the indictment, the implementation of the plan to murder Muslim men and boys from Srebrenica started on the afternoon of July 12 with the forced separation of men and boys from their families at Potocari. More than 1,000 men were taken to Bratunac where, on July 14, they were temporarily imprisoned in buildings and vehicles. PW 017 said he decided to try to leave the bus company compound on July 13, together with his family. Carrying his five year-old daughter, he joined a large group of people who were trying to break through to one of the parked buses, which were supposed to ferry women and children to Bosnian-controlled territory. While Serb soldiers were not watching, he boarded one of the buses and hid on the floor. PW 017 said that the bus stopped in a village called Luke, from which people had to continue on foot. "After some steps I was stopped by some Serb soldiers who ordered me to give the baby to my wife and told me to come along," said the witness, adding that he was taken to the school at Luke. The indictment against Tolimir says that on July 13, VRS and interior ministry, MUP, force members transported women and children from Srebrenica to the village of Luke, close to Tisca. It says that some of the remaining men and boys were separated from that group by the VRS Vlasenica brigade, including some Bosnian Muslim women, while the remainder of the group had to reach Bosnian Muslim-controlled territory on foot. At the school, the witness said he found some 20 prisoners with their hands bound behind their backs. PW 017 said that, the same night, an attractive girl was brought in by a group of Serb soldiers. "The Serb soldiers referred to her as a 'Turk', telling her she was beautiful and then took her into a classroom. Later I heard her screaming and crying, 'Please leave me alone. Don't touch me'," said the witness, who estimated her age to be 17. The same night, he said, 22 other prisoners were brought in and, together with the others including him, were brutally beaten. After being beaten up, the witness said he was ordered to board a military truck which started for Vlasenica and then turned onto a dirt track. He said the truck stopped in a meadow close to a burned house, and three Serb soldiers immediately started killing the prisoners. "Two prisoners tried running away. They jumped off the truck and started running, managing some 20 metres before they were shot down," the witness said. It was then, he said, that he seized the opportunity to run away. PW 017 said Serb soldiers started shooting at him but missed as it was dark and he managed to reach the woods and stay there until dawn. He moved on and, after a week, met other Bosnian Muslims with whom, on July 27, he succeeded in reaching Bosnian territory. Tolimir is defending himself. The first indictment against him was presented on February 25, 2005, and he was arrested on May 31, 2007. On December 16, 2009 he pleaded not guilty to all counts. Velma Saric is an IWPR-trained reporter in Sarajevo. GUILTY PLEA IN LUKIC CONTEMPT CASE Witness gets three-month sentence after plea agreement. By Rachel Irwin in The Hague A Bosniak man pleaded guilty to contempt this week after admitting that he accepted money in exchange for signing a false statement in the trial of Bosnian Serb cousins Milan and Sredoje Lukic. Judges at the Hague tribunal sentenced the man, Zuhdija Tabakovic, to three months in prison with credit for time served. He is expected to be released this week. In exchange for a plea of guilty to three of the six contempt charges, the prosecution agreed to dismiss the remaining three charges and impose no fine. Court documents said Milan Lukics former case manager, Jelena Rasic, initially approached Tabakovic about signing the statement in October 2008, as well as two other men known in court as X and Y, who were recruited by Tabakovic to sign additional false statements. Steven Powles, Tabakovics lawyer, said it was Tabakovic who notified the tribunal field office in Sarajevo in December 2008 of his involvement in the scheme, and also provided investigators with the false statement and other documents, including a map that Lukic drew himself. [Tabakovic] initiated this case by bringing matters to the attention of the [Office of the Prosecutor], Powles said. In contacting the prosecution Mr Tabakovic put right his wrong and ensured no actual damage was done to the trial process. Tabakovic had pleaded not guilty at his initial appearance last December 22 and the trial had been expected to go ahead as scheduled on March 15. The parties came to the plea agreement on March 11 and there was no indication why the other people said to have been involved have not been charged. The Office of the Prosecutor, OTP, declined to comment. During much of the hearing, Tabakovic, 46, sat hunched forward, with his head in his hands. According to the public version of the plea agreement, which was summarised by Prosecutor Paul Rogers during the hearing, Tabakovic was approached by Rasic some time in October 2008. Rogers said Rasic subsequently produced a written statement and said that if Tabakovic signed it, he would be given a total of 2,500 euro, plus new clothes, shoes and an all-expense-paid trip to The Hague to testify on Lukics behalf. Rasic added that the money was coming from Lukic himself, and that Tabakovic would receive 1,000 euro upon signing the statement, while the rest would come just before or after he arrived in The Hague, the prosecutor said. The statement included as an exhibit in the public version of the 92-page plea agreement relates to the charge in the Lukic indictment that on June 7, 1992, Milan Lukic and some other men took seven Bosniaks, Bosnian Muslims, to the banks of the Drina river in the eastern Bosnian town of Visegrad and shot them. According to the plea agreement, Tabakovic was in Sarajevo on June 7, 1992 and had not seen or been involved with any of the events referred to in the statement. The Lukic cousins were accused of leading a campaign to terrorise and kill Bosniak civilians during the summer of 1992 in Visegrad. The trial began in July 2008 and concluded the following spring. On July 20, 2009, Milan Lukic was found guilty of all 21 counts against him, including the burning alive of about 120 civilians in two barricaded houses. Sredoje Lukic, a former police officer, was found guilty of aiding and abetting the first of the house fires on the towns Pionirska Street as well as joining Milan Lukic in the beating and mistreatment of civilians at the Uzamnica prison camp. Both are appealing against their convictions. After Tabakovic signed the false statement in October 2008 and had it notarised at the municipality building in Sarajevo, Rasic gave him 1,000 euro in cash, the plea agreement states. She also gave him a map, which Milan Lukic hand-drew in blue ink to help Tabakovic better understand the events in the statement, it says. According to the plea agreement, Rasic then asked if Tabakovic knew any other people who would be willing to sign similar statements for money, and Tabakovic subsequently recruited two other men, known to the court as X and Y - both X and Y signed false statements and each received 1,000 euro afterwards. The document continues that in late December 2008, Tabakovic went to the tribunal field office in Sarajevo and told them about the false statement. In a tape recorded interview on December 31, he said he had come forward because it was the proper thing to do, actually and that he felt relieved and much better as a result. Powles, Tabakovics lawyer, told judges that because his client came forward when he did, there was no prospect thereafter of [him] coming to the [tribunal] to give false evidence and it could not have happened from there on in. Powles also said that Tabakovic was led to believe he would be a witness if the contempt case went forward, and was not interviewed as a suspect until September 2009. It was Tabakovic himself who sought to ensure that no harm was done to outcome of Lukic trial, Powles said, adding that his client signed the statement because he needed money, and not for ethnic or patriotic reasons. Powles said that Tabakovic sent his sincere apologies to the trial chamber and the victims of the crimes in the Lukic case. The following day, on March 16, a status conference was held to discuss the Lukic cousins appeal against their respective convictions. Presiding judge Mehmet Guney said the appeals hearing was unlikely to be held before June, and both the prosecution and defence requested six weeks notice of the exact date. The judge also asked Milan and Sredoje Lukic about their health. My health is fine, Milan responded. [But] when an innocent man is in detention, you know how it is. Rachel Irwin is an IWPR reporter in The Hague. COURT HEARS VJ NOT FORCED TO FIGHT IN BOSNIA Witness says Yugoslav troops could opt out of Sarajevo battle. By Velma Saric in Sarajevo A defence witness told the Hague tribunal trial of former Yugoslav army, VJ, chief Momcilo Perisic this week that members of the 72 Special Brigade were free to decide whether to take part in fighting on the frontlines around Sarajevo in December 1993. Zlatko Danilovic, a former member of the 72 Special Brigade of the VJ, was giving evidence for the first time in the trial of Perisic, former chief of general staff of the VJ, who has pleaded not guilty at the Hague tribunal to 13 charges of war crimes and crimes against humanity in Bosnia and Croatia. These include aiding and abetting the 43-month siege of Sarajevo and the massacre of some 8,000 Bosnian Muslim men and boys in Srebrenica in July 1995. Perisic's authority, the indictment states, allowed the general to implement decisions of the VJ general staff and its subordinate units, as well as to transfer VJ personnel to the Bosnian Serb army, VRS, and the Serbian Krajina army, SVK, for temporary assignments or indefinite periods. His indictment alleges that Perisic provided financial, logistical and personnel support to Serb forces in both Croatia and Bosnia between 1991 and 1995, by personally establishing two personnel centres within the VJ to covertly deploy officers to those two breakaway republics and pay their salaries. At the beginning of his statement, Danilovic confirmed that he had joined the 72 Special Brigade on January 4, 1993, and that he ended his service on October 31 of the following year. He said he was stationed with his unit at Avala, near Belgrade, and had not once seen nor heard from his colleagues or superiors that General Perisic had come to visit that unit. Danilovic then said that some 50 soldiers of the 72 Special Brigade were deployed in the municipality of Vogosca near Sarajevo. According to the indictment, Perisic aided and abetted crimes including unlawful killings, inhumane acts and attacks against the civilian population of Sarajevo, knowing that the aid in logistics and personnel which he supplied would be used in the commission of these crimes. The indictment states that Perisic had used his authority to deploy VJ unit members as support to the VRS in its siege of Sarajevo during the "Pancir-2" operation from December 1993 to February 1994. "We were told that anyone who felt incapable or for any other reason couldn't go, didn't have to go and would not bear any consequences. All those who wanted, came along," the witness said. "We arrived in Vogosca in late December and we were left to settle in a hotel. I don't know what its name was but I know it was in Vogosca and we stayed there for ten days. During that time we had neither military activity [against the Bosnian army, ARBiH] nor contact with VRS members. The witness said the 72 Special Brigade were involved in action against the ARBiH on December 27 which last two hours. He said his unit suffered casualties six dead and 10 injured. The task of the brigade was, according to Danilovic, to occupy the Betanija medical centre in Vogosca, which was under the ARBiH control, as well as the bunkers and trenches around it. "My group was charged with taking the bunkers and ditches and another one with entering the building. We did our task, yet the other group faced strong resistance. They were let into the building and then attacked with hand grenades. After two hours of fighting we managed to get out of the site, but we did not succeed in taking our dead with us," he said. The witness said that members of the brigade stayed in the Sarajevo area for two further days and then went back to Serbia. The bodies of the six killed were subsequently returned after 10 or 15 days to Serbia and buried there. Danilovic said he kept up regular contact with colleagues from his former unit in Serbia, "Every year on December 27, we pay our respects to the killed in the presence of all members of the unit, both present and past." In cross-examination, the prosecutor, Evangelos Thomas, asked questions related to the way Danilovic's service was ended. The prosecution says he was discharged from the unit in October 1994 on grounds of desertion, whereas the witness said he had left the unit "by agreement with the commander", and that at the time he had received an offer of a job outside the military. Judge Michèle Picard asked the witness whether VJ soldiers could decide just like that whether they would take part in an action or not, or whether they had to follow their superiors' commands, to which the witness answered, "In this case, the soldiers had the right of choice." Perisic surrendered to the Hague tribunal on March 7, 2005 and the trial began on October 2, 2008. The trial continues next week. Velma Saric is an IWPR-trained reporter in Sarajevo. BRIEFLY NOTED EX-KLA MAN IN TRIBUNAL TROUBLE Brahimaj says he missed provisional release meeting because he was asleep. Lahi Brahimaj, a former member of the Kosovo Liberation Army, KLA, has written to the Hague tribunal to say he was asleep when European Union monitors came to his house on February 17 for a scheduled meeting. The letter, dated March 10 but only made public six days later, came shortly after Brahimaj was warned on March 4 to adhere to the terms of his provisional release, which includes weekly visits by EU Rule of Law Mission, EULEX, to his home in Pristina. I had just undergone medical treatment and was on antibiotics which caused me to sleep longer than usual in the morning, Brahimaj wrote of the 10.30 am scheduled visit. When I woke up, I immediately realised that EULEX had left without meeting me. He said that he contacted EULEX officials within 40 minutes of the meeting time to explain what had happened. I would like to assure the court that I am taking the conditions of my provisional release seriously and did not in any way intend to disrespect the court, Brahimaj wrote. He concluded by stating that since the February incident, he has attended all his scheduled EULEX meetings and complied with the other conditions of his release, and will continue to do so. Brahimaj stood trial in 2007 with KLA commander Ramush Haradinaj and member Idriz Balaj for crimes including murder, rape and cruel treatment - committed against civilians during the Kosovo conflict of the late 1990s. Both Haradinaj and Balaj were found not guilty of the charges against them. Brahimaj, however, was found guilty of torture and cruel treatment. He is appealing against the conviction, which resulted in a six-year prison sentence with credit for time served. He was granted provisional release on May 25, 2009. Rachel Irwin is an IWPR reporter in The Hague. **** www.iwpr.net ******************************************************************** ICTY 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 ICTY Tribunal Update are those of the authors and do not necessarily represent those of the publication or of IWPR. 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