http://news.yahoo.com/s/ap/20091013/ap_on_re_eu/eu_war_crimes_karadzic_2
Appeals panel rejects Karadzic immunity claim
By MIKE CORDER, Associated Press Writer
Tue Oct 13, 1:15 pm ET
THE HAGUE, Netherlands – An appeals panel has rejected Radovan Karadzic's
claim that he cannot be tried at the U.N.'s Yugoslav war crimes tribunal
because he was promised immunity by an American envoy, according to a ruling
released Tuesday.
The decision dismisses the former Bosnian Serb leader's last legal challenge
to his trial on 11 charges including genocide for allegedly masterminding
atrocities against Bosnia's Muslims and Croats during the country's 1992-95
war.
Karadzic's trial had been tentatively scheduled to begin Oct. 21, but
Karadzic has appealed for more time to prepare his defense.
In response, judges announced late Tuesday that they would delay the trial
until a week after the prosecution files a fresh indictment that streamlines
the case by reducing the number of crime sites.
Prosecutors have an Oct. 19 deadline to file the new indictment, meaning the
trial would start on Oct. 26 at the latest.
Even though the new indictment contains few substantial changes, giving
Karadzic only two days to read it "risks rendering the trial unfair," judges
wrote.
The appeals panel's ruling brings to an end months of litigation revolving
around a deal Karadzic said he cut in 1996 with U.S. envoy Richard
Holbrooke.
Karadzic claimed that he stepped down as Bosnian Serb president and retired
from public life in return for a pledge from Holbrooke that he would not be
prosecuted in The Hague.
But the tribunal's five-judge appeals panel agreed with a previous ruling
that the alleged deal was irrelevant.
"Even if the alleged agreement were proved, it would not limit the
jurisdiction of the tribunal, it would not otherwise be binding on the
tribunal and it would not trigger the doctrine of abuse of process," the
appeals judges wrote.
They added that Karadzic is free to present evidence about the alleged
agreement at his trial as it could have an effect on sentencing if he is
convicted.
Holbrooke, a veteran diplomat who now is the Obama administration's envoy to
Pakistan and Afghanistan, has always denied making an immunity deal with
Karadzic.
The former Bosnian Serb leader was arrested last year on a Belgrade bus
after more than a decade on the run from international justice. He was
posing as a New Age guru and disguised with long hair, a bush beard and
glasses.
Karadzic has pleaded innocent to all charges against him. Prosecutors say he
minded atrocities by Serb forces including the 1995 massacre of 8,000 Muslim
men in Srebrenica and the campaign of shelling and sniping during the siege
of Bosnia's capital, Sarajevo.
His trial is expected to last three years.
Serbian News Network - SNN
[email protected]
http://www.antic.org/
