WELCOME TO IWPRS TRIBUNAL UPDATE No. 546, April 11, 2008 HAS HARADINAJ ACQUITTAL BOOSTED SERBIAN RADICALS? Analysts claim verdict could undermine tribunal cooperation by Belgrade and reduce chances of fugitives being arrested. By Aleksandar Roknic in Belgrade
SUVA REKA TRIAL IN TROUBLE Reports of delays and witness intimidation overshadow trial of Serbs accused of war crimes against ethnic Albanians. By Milos Teodorovic in Belgrade COURTSIDE: COURT HEARS DELIC LACKED CONTROL Generals former bodyguard testifies that rogue units did not obey commands from army headquarters. By Denis Dzidic in Sarajevo COURT TOLD KRAJINA SUFFERED SYSTEMATIC CAMPAIGN OF DESTRUCTION Witness says Croat general had the power to prevent war crimes there. By Simon Jennings in The Hague WITNESS DESCRIBES FINDING DEAD FATHER He says he identified his body days after Croatian army assault on their village. By Goran Jungvirth in Zagreb BRIEFLY NOTED: JUDGES SAY STANISIC FIT FOR TRIAL Former Milosevic aide deemed fit enough for trial in spite of physical and mental health problems. 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By Aleksandar Roknic in Belgrade The acquittal of Kosovos former prime minister of war crimes charges last week could strengthen support for radical parties at Serbias parliamentary elections next month, say analysts. They also believe it would now be harder for the Serbian government to justify handing over four remaining war crimes fugitives to the court a crucial step if Serbia wants closer ties with the European Union. Ramush Haradinaj, a former commander of the Kosovo Liberation Army, KLA, was cleared of charges of torture, murder, rape and deportation, with judges ruling that there had been no deliberate campaign to kill Serb civilians in Kosovo. One co-defendant, Idriz Balaj, was also acquitted, while a third, Lahij Brahimaj, was sentenced to six years in prison. The judgment has already provoked anger in Serbia, with officials calling it a mockery of justice. Former Serbian justice minister Vladan Batic said his ministry sent the tribunal 200,000 documents about Haradinaj and other members of the KLA accused of war crimes in Kosovo. In these documents, there were many victim and witness statements, several war diaries of KLA leaders and reports from Serbian judicial institutions that led to several hundred charges against Haradinaj, said Batic. However, in a statement, Haradinajs lawyers pointed out, There was no evidence against [Haradinaj] either personally or as a member of a joint criminal enterprise as alleged by the prosecution. It [was] clear from the evidence of prosecution witnesses, that far from having behaved in a criminal fashion, Mr Haradinaj had at all times acted to prevent wrong-doing and to protect civilian lives, continued the statement, published on a website set up by Haradinajs defence. While Serbia's National Council for Cooperation with the Hague tribunal said that it would appeal against the judgement at the United Nations, it insisted the decision would not stop Serbia working with the tribunal. "It's important for Serbia that we continue to cooperate, despite the Haradinaj verdict, council chairman Rasim Ljajic told Beta news agency this week. However, he said arresting war crimes fugitives could now be more difficult as police might be less motivated to do their job. Dusan Ignjatovic, director of the councils office, said the verdict would certainly harm relations between Belgrade and the Hague court. This verdict united the Serbian public against the tribunal I think the verdict in this case is one they wont be proud of in the future, and it wont help the peace and reconciliation process in the region, Ignjatovic told IWPR. Zoran Dragisic, a professor of security at the University of Belgrade, believed the verdict would now encourage the tribunals longstanding opponents in Serbia. The tribunal doesnt have the credibility to try serious cases any more. The Serbian state sent a lot of evidence to the tribunal and everyone in Serbia who thought the tribunal was not an institution to be trusted was proved right, he said. With this verdict, the tribunal claims that no one was responsible for war crimes in Kosovo against Serbs and Kosovo Albanians. Dragisic also doubted whether Serbia would now transfer the remaining fugitives Ratko Mladic, Radovan Karadzic, Stojan Zupljanin and Goran Hadzic to The Hague. The Serbian judiciary has been shown in a better light than the tribunal and I think that it is better to try Ratko Mladic and the rest of fugitives in Serbia. The chances of transferring Mladic and the remaining three indictees to The Hague is now lower than ever, he said. Dragisic thinks the Haradinaj verdict will strengthen the right wing in Serbia at the May 11 elections, making a victory for Vojislav Seseljs Serbian Radical Party, SRS, possible. Seselj is currently on trial for war crimes at the tribunal. It is likely that the SRS would halt integration with Euro-Atlantic institutions. Dragan Popovic, international justice coordinator for the Youth Initiative for Human Rights, said the verdict would not actually make much difference because Serbia was hardly cooperating anyway. Serbian officials will use this verdict as an excuse for non-cooperation with the tribunal he said. We can all see that in Prime Minister Vojislav Kostunicas attitude. The Serb authorities could use Haradinajs acquittal to continue to frustrate attempts in Serbia to face up to the past. Aleksandar Roknic is an IWPR-trained reporter in Belgrade. SUVA REKA TRIAL IN TROUBLE Reports of delays and witness intimidation overshadow trial of Serbs accused of war crimes against ethnic Albanians. By Milos Teodorovic in Belgrade On March 26, survivors and relatives remembered the ninth anniversary of the massacre of 48 Albanian civilians in the Kosovo town of Suva Reka. Although almost a decade has passed since the killings, there is still no end in sight for the trial of eight Serb policemen accused of what was perhaps the greatest atrocity committed during the Kosovo conflict of the late Nineties. The trial, which began on October 2, 2006, was brought to a halt and had to start again after one of the judges on the case was replaced amid rumours of political interference. Meanwhile, prosecutors and defence lawyers each accuse the other of slowing down proceedings. All but one of the victims killed in Suva Reka nine years ago were members of the Berisha family. The dead included a one-year-old baby and a 100-year-old woman. On trial are the former commander of the 37th special police unit from Nis Radoslav Mitrovic; the ex-Suva Reka police commander Radojko Repanovic and his deputy Nenad Jovanovic; former policemen Sladan Cukaric, Miroslav Petkovic, Ramiz Papic and Zoran Petkovic; and ex-member of the state security service in charge of the Prizren area Milorad Nisavic. They stand charged with killing 48 civilians. The victims were allegedly herded into a cafe in Suva Reka, and the accused and the accused are said to have thrown hand grenades inside, before shooting those who survived the blast. The indictment against them is the first time war crimes charges have been brought in any Serbian court against senior police officers in relation to events in Kosovo. The bodies of some of the victims were among more than 800 discovered in a mass grave outside Belgrade in 2001. Dzevalj Berisha is one of the few members of the Berisha family to survive the slaughter. The music teacher from Suva Reka said he has tried to find the rest of the bodies. However, to this day, 16 corpses are still missing. On the anniversary of the massacre, Serbias war crimes prosecutor Vladimir Vukcevic asked prosecutor working on this case Mioljub Vitorovic when the trial would be complete. He received only a vague response. Vukcevics spokesman Bruno Vekaric said prosecutors should not be blamed for the prolonged proceedings. According to him, it seems that only the prosecution is in a hurry to close the case of Suva Reka. The defence appears to be buying time, hoping that the accused wont even be convicted, in the end. The spokesman said the defence had slowed down proceedings by repeatedly asking for new witnesses to be called, who, in the prosecutors opinion, have nothing to say which would be really relevant for this case. The [defence] are constantly asking that new facts be established, no matter how minor or irrelevant for the case they are. They just keep questioning even those facts that are obvious and indisputable. However, Belgrade lawyer Goran Petronijevic, who represents Mitrovic in this case, disputed Vekarics claims. "The fact is that there have been many witnesses in the Suva Reka case, but the proceedings have been too slow mainly because of the prosecutors, he said. They question the witnesses for hours, wearing everyone down the defence, the witnesses and the trial chamber. The trial was already significantly delayed when in September 2007, almost a year after it began, Judge Gordana Petrovic was taken off the case. Under Serbian law, when a judge is replaced, proceedings must start from the beginning, including re-reading the indictment and hearing witnesses testimonies again. Although the official explanation of President of the District Court Sinisa Vazic was that Petrovic had been removed from the Suva Reka case because her mandate had expired, the judge has claimed the real reason was political pressure. I found out that [Vazic] had literally received an order from one foreign embassy and one non-governmental organisation to remove me from this case otherwise financial support that was assigned to the district court would be taken away, said Petrovic. At the time, there was speculation in the Belgrade media that the judge had fallen from grace after she apparently failed to point to a connection between the war crimes suspects and top officials of the Serbian army in the Scorpions trial. In April 2007, the Belgrade War Crimes Court handed down verdicts on five members of the Scorpions military unit that was filmed killing six Muslims near Srebrenica in July 1995. Two of the former paramilitaries were given 20 years in prison, one received 13, a fourth got five, while a fifth was acquitted. While Petrovics claims were never proven, two other members of the trial chamber in the Suva Reka case were not removed even thought their mandate expired at the same time as hers. Vekaric said the political crisis which erupted in Serbia following Kosovos proclamation of independence on February 17 has also affected the Suva Reka trial. Last month, Serbian president Boris Tadic dissolved parliament and called elections after Prime Minister Vojislav Kostunica angry that European states had recognised the independent province refused to back moves towards European integration. While Serbian police are obliged to investigate Serb suspects accused of war crimes against Kosovo Albanians, Vekaric said that the situation with Kosovo meant it would be much harder to get police cooperation. The prosecutors spokesman said there were suspicions that Serb witnesses in the Suva Reka case mainly former Serb policemen testifying against their colleagues were coming under huge pressure not to testify. Kosovo Albanians were already reluctant to testify in the case, because they don't trust a Serb court to provide a fair trial. Vekaric said that some witnesses appeared to be clamming up when giving testimony, while others had altered their original testimonies. Nothing dramatic has happened yet, but we can see the difference in communication between lawyers and some witnesses compared to the time when trial began, he said. Milos Teodorovic is an IWPR-trained journalist. COURTSIDE: COURT HEARS DELIC LACKED CONTROL Generals former bodyguard testifies that rogue units did not obey commands from army headquarters. By Denis Dzidic in Sarajevo The former Bosnian army chief was not in control of all the forces under his command, lacking even the authority to stop his son from being captured and tortured, the generals ex-bodyguard told the Hague tribunal this week. Rasim Delic is charged with responsibility for crimes committed by a group of foreign Muslim fighters known as the El Mujahid unit that was incorporated into the Bosnian army. According to the prosecution, Delic was aware of executions and other abuses, and did not stop them or discipline those responsible. Ismet Dedovic testified that from 1993 until the end of the war, he spent 24 hours a day with the general and never saw him meet any members of the [Bosnian] army from African or Asian countries. Dedovics testimony about the state of the army in 1993 also reinforced the defence argument that some military units were not under Delics command. The situation inside the main army headquarters was very negative toward General Delic because there was a lot of mistrust toward him when he was first put in charge, said Dedovic. There were units who only answered to their commanders and refused to obey orders issued to them by the army headquarters and General Delic. There was a lot of criminal activity within these rogue units. The witness explained that Delic tried to tackle the issue by working with the then-minister of the interior Bakir Alispahic to try to regulate the work of both civil and army structures, but [he] faced a lot of opposition. [Delic] was powerless without the full backing of the wartime presidency and President Alija Izetbegovic. To underline this argument, defence counsel Vasvija Vidovic asked the witness about the time when Delics son, Admir, was captured by one of the insubordinate units shortly after Delic took command. The prosecution protested against this line of questioning, describing it as completely irrelevant to the charges against Delic. However, Vidovic maintained it was relevant to proving the conditions the defendant was forced to work in. The judges allowed her to continue. Dedovic said members of the 10th Mountain Brigade, run by Musan Topalovic Caco, captured Delics son and tortured him. Rasim Delic did all he could to free them, but he couldnt do anything. Young Admir was freed only when President Izetbegovic himself called Caco and asked for his release, said the witness. During cross-examination, prosecutor Daryl Mundis asked if this difficult situation continued throughout the war. The witness replied, The Caco incident served as a catalyst for improvement, and afterward most of the units were obedient. The witness was also asked about Delics whereabouts in the summer of 1995, when members of the El Mujahid unit tortured several Serb soldiers and decapitated one of them in the Kamenica detainee camp. >From June to August 1995, Delic was trying to break the Serb siege of >Sarajevo, said Dedovic and he never saw Rasim Delic meeting that unit. The Sarajevo operation was planned by General Delic and he took part directly in the fighting. We were always in the field at that time, in command posts near enemy lines, because the communication lines were unsafe and he wanted to manage them directly. Dedovic also said that in July they heard about the massacre in Srebrenica and went to the Tuzla region to talk to and assist refugees that were arriving there. He said that Delic received no documents and could not have been well informed about army activities in other parts of the country. The prosecution also asked the witness about Delics whereabouts on September 11, 1995 when members of the El Mujahid unit allegedly captured and tortured three women and 50 men in an attack on the village of Vozuca. Dedovic said he and Delic were at an Islamic aid conference in Kuala Lumpur and only returned on September 17. I remember that trip because there were a lot of negative comments in the media about General Delic going to a conference while the war was still raging, said the witness. Asked by the judges whether he thought it possible Delic was in charge of operations from there, the witness said, I was in charge of his security, so I made phone calls for him. We were in touch with nobody. I also carried his bags and I know that we carried no maps or documents of any sort. Dedovic also denied the prosecutions claim that they had visited Vozuca after the attack. We visited the Ozren Mountains, not that near Vozuca, after we returned to Bosnia and only stayed for two hours while we met with the command of the 2nd Corps - no one else, said Dedovic. Finally, the prosecution asked whether the witness sat in on any of Delics meetings and whether he could be fully informed about what the general knew and what orders he gave. The witness replied that he had never attended any meetings and would always stand outside the door. The hearing continues next week. Denis Dzidic is an IWPR-trained reporter in Sarajevo. COURT TOLD KRAJINA SUFFERED SYSTEMATIC CAMPAIGN OF DESTRUCTION Witness says Croat general had the power to prevent war crimes there. By Simon Jennings in The Hague A former United Nations official testifying in the trial of Croatian general Ivan Cermak this week spoke of the looting and burning of buildings he said he witnessed in the Serb-held Krajina in the summer of 1995. Edward Flynn, an ex-member of the UN human rights action team which patrolled the region during this time, was testifying about events in the Knin district of Krajina in the aftermath of the Croatian military offensive known as Operation Storm which led to mass exodus of Serbs from this region. The witness told the Hague tribunal of his disbelief when, at a meeting of Croatian and UN officials in August that year, Cermak had asked to be notified immediately of any crimes so that he could dispatch police to investigate them as soon as possible. I considered it implausible for the general to ask us to notify him of incidents of lawlessness, when in our travels around the region, it was very easy to see burning buildings and acts of looting; and we also investigated at that time a number of killings, Flynn told the court. Cermak is on trial along with two other former senior Croatian generals, Ante Gotovina and Mladen Markac. The three men are accused of having an instrumental role in the forcible removal of up to 200,000 Serbs from the Croatian region of Krajina between July and September 1995. Cermak was appointed the commander of the Croatian garrison in Knin on August 6, 1995, two days after Operation Storm. With operational control over Croatian army units and the civilian police, the former general is charged with conducting a joint criminal enterprise against Serbs by permitting, denying and/or minimising the ongoing criminal activity, including participating in the reporting of false, incomplete, [and] misleading information regarding crimes committed. According to Flynn, in August 1995, he and his UN colleagues informed the Croatian authorities for which Cermak was the main point of contact about crimes such as the looting and burning of houses in the region. UN video footage of burning houses and dead civilians were shown to the court this week as Flynn confirmed that there was a systematic campaign of destruction which he tried to prevent by reporting it to Cermak. We conveyed to the general our concern about continuing lawlessness in the sector A number of killings, more burning houses had been observed, there was a high level of looting taking place, he said. And according to Flynn, Cermak had the necessary power over security forces to prevent such crimes. Cermak spoke with great authority about these issues, said Flynn. His response was that he would take the necessary action He spoke as if he could control military police and civilian matters in the region. But while Cermak assured him that crimes were being investigated, Flynn said that his visit 10 days later to the house of a murdered man in Grubori, in the Plavno valley of Krajina, showed this not to be the case. There was still a bullet casing on the floor of that room some 10 days to two weeks after the incident. So I personally doubt that a serious investigation took place, at least at that time, said Flynn. During the cross examination by Cermaks defence lawyer, Stephen Kay, Flynn agreed that there was a cordial relationship between Cermak and the UN staff in Knin. But he said that although a mutual respect existed between the parties there was also a difference in perception at what was taking place. There were some times that plainly evident facts were disputed by the general, such as widespread burning that was taking place in August, said Flynn. Kay put it to the court that Flynn was making an assumption about Cermaks authority and did not know precisely what it was. Kay quoted Flynns words that he was not exactly sure of Cermaks actual authority. The defence contested that Cermak had actual authority to act to prevent or punish crimes in the region. Flynn confirmed he only believed this to be the case. Kay contended that Cermaks role regarding police forces in Knin amounted to little more than cooperation and that they were definitely not subordinated to him. He pointed to the difference between being in control of the police and actually cooperating and coordinating with them. The defence counsel then brought a number of documents before the court, including letters between chiefs of the military and civilian police in Knin, to show that Cermak was not responsible for law and order in the region during the summer of 1995. He attempted to demonstrate that it was the military and civilian police, and not Cermak, who had direct obligations concerning security in the region. There was a complete hierarchy working entirely on its own without Mr Cermak, with the civilian police and the military police at the highest level the failure of these bodies was not the responsibility of Mr Cermak, Kay told the court. The witness agreed that this may have been the case, although he was not aware of it at the time. But he contended that the chief of the civilian police in Knin district worked on the basis that some security resources were dependent on Cermak. In Cermaks defence, Kay sought to paint a picture of highly organised administrative structures that were not affiliated to the office of the accused, and were trying to operate in a scene of chaos to bring the area under control. Flinn disagreed with Kays description, referring to the situation as lawless rather than one of chaos, as it was a sparsely populated area. And when asked if he was aware of a whole series of orders for the military and civilian police to work together to provide security, Flynn replied, I find this very surprising because well into my stay there, there seemed to be a minimal police presence I felt there was a serious deficiency in security in the area so its quite remarkable to see these orders. Kay further sought to defend the security forces failure to investigate crimes, such as the murder described by Flynn. He read out a letter from Croatias assistant minister of the interior to the police administration in Knin, calling for police to clamp down on crimes. But the letter implied that an amnesty existed on all such acts committed before August 18. Kay contended that the ministry of the interior had decided not to investigate any crimes committed up to this date. Simon Jennings is an IWPR reporter in The Hague. WITNESS DESCRIBES FINDING DEAD FATHER He says he identified his body days after Croatian army assault on their village. By Goran Jungvirth in Zagreb A witness in the trial of two Croatian army generals described this week finding his fathers body following a Croat army attack on his village. The protected witness testifying in the war crimes trial of Rahim Ademi and Mirko Norac told Zagreb County Court that he and his neighbours fled their village of Divoselo as the Croatian army advanced during a military operation in Medak Pocket in September 1993. Several days later, he found the corpse of his father in the nearby town of Korenica, where, following the military operation, bodies were taken by the United Nations Protection Force, UNPROFOR, to be identified. Ademi and Norac are accused of commanding troops who killed prisoners at the time of the Medak Pocket operation in 1993, in what is the first case to be referred to the Croatian courts by The Hague war crimes tribunal. According to the original tribunal indictment, at least 29 Serb civilians were killed and dozens more wounded in the operation, which was carried out to regain control of part of Croatia held by Serb rebels since 1991. Many of the victims were women or elderly. The witnesses whose testimonies were heard this week were questioned via a video link at the end of March. Their testimony, given in closed session, wasnt made public until Judge Marin Mrcela read the transcripts out in court. These measures were taken to protect the identity of the witnesses, who were mainly former Serb soldiers and civilians. Previous witnesses have also testified that they went to Korenica, which at that point was still held by Serbs, to identify the bodies of relatives killed during the operation. This week, the court was also shown footage of dead bodies of Serb soldiers and civilians filmed during the identification process in Korenica, just after the capture of Medak Pocket. The Croatian army handed bodies over to UNPROFOR after the area was cleared. Most of the dead taken to Korenica were men whose bodies were burned or decayed. Many had gunshot wounds, and some were missing body parts. Some corpses still wore the remnants of army uniforms, while others were naked making it impossible to determine if it they were civilians or soldiers. The footage also showed piles of clothes which had been buried. Another witness, a former member of the Serb army, testified via video link from the United States. He said he had fled after the Croatian attack, and that he and seven fellow soldiers offered no resistance although they were armed. We carried weapons while we were retreating, but we did not use them so as not to reveal our position, said the witness. He added that he had seen Croatian soldiers set houses on fire and took away cattle in trucks. Norac and Ademi are also accused of the unlawful destruction of civilian property during the operation. Most prosecution witnesses who have testified have said that following the Medak operation, arson and the looting of Serbian property were carried out by people dressed in Croatian army uniform. Around 90 witnesses have already testified in the case and it is expected that Mrcela will also read the testimony of four more protected witnesses. The trial will continue on April 17. Goran Jungvirth is an IWPR-trained journalist in Zagreb. BRIEFLY NOTED: JUDGES SAY STANISIC FIT FOR TRIAL Former Milosevic aide deemed fit enough for trial in spite of physical and mental health problems. By Simon Jennings in The Hague Judges in the case of Jovica Stanisic have ruled that the former aide to ex-Yugoslav president Slobodan Milosevic is fit to stand trial despite recent health problems. The Hague tribunal ruled that the accused will follow proceedings from the courts detention unit via video-conference link until he is fit to attend in person. He will also have a telephone line direct to the courtroom enabling him to contact his defence lawyer at any time. The start of proceedings against Stanisic and his co-accused Franko Simatovic have been postponed several times since they were due to begin a month ago, after Stanisic was admitted to hospital suffering from kidney stones, osteoporosis and severe depression. Stanisic and Simatovic are accused of 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 Herzegovina through commission of the crimes of persecutions, murder, deportations and inhumane acts between 1991 and 1995. Stanisic was head of Serbian state security between December 1991 and October 1998, while Simatovic was in charge of its special operations unit during the period relevant to the indictment. Throughout his illness, Stanisic has consistently refused to waive his right to be present at the trial, prompting judges to rule that his health condition is a factor that persistently interferes with the right to a fair and expeditious trial, warranting derogation from the right to be present in court. The fact that Stanisics health is also holding up proceedings against his co-accused, Simatovic, led judges to rule that [Simatovic] too is entitled to a fair and expeditious trial. The trial will now begin on Monday April 14. Although the judges decided that this was the best way to proceed, they insisted that the video link was a temporary measure to be employed until Stanisic is fit to attend court. If he does not [attend], in spite of being able to do so, he will be taken to waive his right to be present in court, said the judges. Simon Jennings is an IWPR reporter in The Hague. **** www.iwpr.net ******************************************************************** TRIBUNAL UPDATE, the publication arm of IWPR's International Justice Project, produced since 1996, details the events and issues at the International Criminal Tribunal for the Former Yugoslavia, ICTY, at The Hague. These weekly reports, produced by IWPR's human rights and media training project, seek to contribute to regional and international understanding of the war crimes prosecution process. The opinions expressed in Tribunal Update are those of the authors and do not necessarily represent those of the publication or of IWPR. Tribunal Update is supported by the European Commission, the Dutch Ministry for Development and Cooperation, the Swedish International Development and Cooperation Agency, the Foreign and Commonwealth Office, and other funders. IWPR also acknowledges general support from the Ford Foundation. TRIBUNAL UPDATE: Editor-in-Chief: Anthony Borden; Managing Editor: Yigal Chazan; Senior Editor: John MacLeod; Project Manager: Merdijana Sadovic; Translation: Predrag Brebanovic, and others. w: Executive Director: Anthony Borden; Strategy & Assessment Director: Alan Davis; Chief Programme Officer: Mike Day. **** www.iwpr.net ******************************************************************** IWPR builds democracy at the frontlines of conflict and change through the power of professional journalism. IWPR programs provide intensive hands-on training, extensive reporting and publishing, and ambitious initiatives to build the capacity of local media. Supporting peace-building, development and the rule of law, IWPR gives responsible local media a voice. 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