Thursday 6 October 2011

Crime and Punishment

CRIME AND PUNISHMENT


Radovan Karadzic claims that the Serbian authorities in Kljuc investigated the mass murder of non-Serbs in the village of Velagici and punished the perpetrators. Former prisoner in the prison camps Manjaca and Batkovic Asim Egrlic replied to Karadzic that he heard that some men were arrested; they were in prison for only 18 days. ‘If they had killed so many hens, they would have gotten more than 18 days’, the witness said

Asim Egrlic, former prisoner in the Manjaca and Batkovic prison camps, is testifying at the trial of Radovan Karadzic about the Serb takeover of power in Kljuc. Egrlic also described the persecution, torture and murder of Muslims and Croats in Kljuc municipality in 1992. On the eve of the conflict, the witness served as the president of the Kljuc municipal assembly executive board. Kljuc is one of the eight BH municipalities where the persecution of non-Serbs reached the scale of genocide.

The summary of Egrlic’s previous testimony at the trial of Momcilo Krajisnik was admitted into evidence today. According to the summary, the Serb forces took over power in the municipality on 7 May 1992. Soon afterwards, the neighboring villages were attacked and the mass persecution of non-Serbs began. Non-Serbs were fired, their property was seized and mosques and other religious buildings were destroyed. The witness was arrested on 28 May 1992 and was first taken to the Stara Gradiska prison. From there, he was transferred to the Manjaca prison camp. The witness finally ended up in the Batkovic prison camp. In late January 1993, the witness was released in an exchange.

Prosecutor Alan Tieger brought up two incidents listed in the indictment against Karadzic: the execution of 77 civilians on 1 June 1992 in the village of Velagici and the execution of about 144 persons in July 1992 in the village of Biljani. The witness identified some victims from Velagici on the photos; their remains were recovered after the war in Babina Dolina, in Laniste near Kljuc. The victims were of all ages: the youngest victim was only five and the oldest was 93 years old. According to the witness, the bodies of the victims from Biljani were found in the cave called Bezdana, at a depth of about 25 meters.

In the first part of the cross-examination, Karadzic put it to the witness that the Serb authorities investigated the execution in Velagici and that some perpetrators were punished. ‘Yes, I heard about it, they were held in prison for 18 days and were then released’, Egrlic replied. ‘If they had killed as many hens, they would have gotten more than 18 days’, the witness added.

Karadzic tried to prove that the witness was not arrested without cause. As he claimed, the witness took part in the operation to distribute weapons to the ‘extremists’ in the Kljuc municipality. Karadzic corroborated his claims with the statements Serb investigators had taken from the prisoners in Manjaca. The witness dismissed Karadzic’s allegations, noting that the statements were taken under duress. The witness said that before the conflict the Serb Territorial Defense moved all the weapons to the Serb settlement of Ribnik and then distributed them to local Serbs.

Karadzic will continue cross-examining Asim Egrlic tomorrow.

http://www.sense-agency.com/icty/crime-and-punishment.29.html?news_id=13254&cat_id=1

Wednesday 5 October 2011

A farce from beginning to end

Dear friends and all to whom the TRUTH is still the principle of life and ideology that will prevail above injustice, lies and unfairness which still rules today in this world under different management and institutions like ICTY.


I appeal to all of You in all your capacities to spread this article and send to others; friends, Members of Parliaments and Institutions throughout the world. Spread the truth about Croatians, Bosniaks and other non-Serbian nations, who suffers Serbian aggression and now are suffering from injustice by ICTY. DO NOT IGNORE THIS LETTER.

Michael PACK

Marvellous article here. On the author: 'Mishka Góra is a Tasmanian-based writer who worked as a humanitarian aid worker under the auspices of the United Nations on both sides of the frontlines during the 1990s conflict. She has no ethnic affiliation to any of the peoples of the former Yugoslavia .'

The trial of Generals Ante Gotovina and Mladen Markac: a farce from beginning to end.

By Mishka Góra

Posted Wednesday, 28 September 2011

As the International Criminal Tribunal for the former Yugoslavia (ICTY) wraps up almost two decades of war crimes trials, it seems political correctness and moral equivalence has triumphed over any passion for true justice. The April 15 conviction of two Croatian generals of crimes against humanity, for their part in an operation that saved tens of thousands of Bosniaks (Bosnian Muslims) from being massacred, has been followed by months of relative silence. This uncomfortable lull has belied the incredulous outrage of the Croatian people, because unlike previous convictions of men who were personally responsible for horrendous crimes such as mass murder, torture, and deportation to concentration camps, Generals Gotovina and Markac were convicted on the basis of a conspiracy theory that flew in the face of any rational appraisal of the evidence.

Currently on appeal, the trial of Generals Ante Gotovina and Mladen Markac for their role in Operation Storm (Croatia's recovery of Serb-occupied territory in 1995) was a farce from beginning to end. Concerned for the "reputation and integrity of the ICTY and international criminal justice", the International Bar Association questioned the appointment of Elizabeth Gwaunza as an ad litem judge, but to no avail. Apparently, the ICTY felt that her links to Robert Mugabe and her receipt of the gift of a farm, seized by the Zimbabwe regime from its white owners, would have no influence on her capacity to adjudicate a case dealing with crimes such as looting and ethnic cleansing. To add insult to injury, the presiding judge, Alphons Orie, began his career at the ICTY as defence counsel for Duško Tadic, a Bosnian Serb convicted of personally murdering at least seven people, deporting civilians to various camps, and torturing Bosnian Muslims at the Omarska concentration camp. In a radio interview in 2008, he called Tadic a "small" criminal who nowadays wouldn't even be tried at the Hague , unlike Generals Gotovina and Markac it seems, who (even going by the ICTY judgement) haven't personally committed any of the war crimes for which they have been found guilty.

Indeed, according to the ICTY judgement, it was not necessary to prove that Gotovina or Markac had personally committed any of the crimes with which they were charged, such as murder and deportation, as they were liable as part of a "joint criminal enterprise", a euphemism for what most people would call a conspiracy. Obviously, conspiracies do occur from time to time, but they weren't charged with conspiracy. Furthermore, when the supposed ringleader is the dead President of Croatia who can't defend himself, and an overwhelming amount of the evidence against the accused is pure speculation about his motives, we have a moral duty to be sceptical. We should be all the more so when we trawl through more than one thousand pages of verbiage masquerading as a judgement to find that the only relevant conclusion that the judges drew about a key meeting at which the alleged conspiracy was supposed to have crystallised, is that General Gotovina took a risk that his troops might not behave themselves. To quote the judges, General Gotovina was "aware" that war crimes were "possible consequences". He reconciled himself to "the possibility that these crimes could be committed" and "took the risk that these crimes would be committed".

Moreover, if the Croatian generals had beencharged with conspiracy, that would be one thing, but they haven't. They were charged with crimes against humanity (such as murder) "pursuant to the mode of liability of JCE". In other words, they were charged with specific crimes which they were alleged to have planned and instigated. However, the judgement not only failed to demonstrate the existence of a joint criminal enterprise. It also failed to recognise that an end result (absence of Serbs) did not prove the method of achieving that result (deportation) and that, likewise, the desire for an end result did not prove instigation of the means to achieve that result. Defying logic, the judgement pronounced that ethnic cleansing took place, that the permanent removal of Serb civilians from the Krajina was effected by force, despite evidence from Serbs and Croats alike that Serb civilians began leaving the Krajina before the onset of Operation Storm and that the remainder were ordered to evacuate by the Serb leadership on the first day of the Croatian military operation.

The judges furthermore seemed to be omniscient, concluding that this conspiracy existed even though testimony by eight witnesses (who actually knew and worked closely with the president) contradicted the ICTY theory, indicating that none of the accused planned to expel Serbs from Croatia , whether alone or in concert. The judges brushed aside a public announcement made by President Tudjman promising that civil rights would be maintained during and after Operation Storm and that elections for self-government would be held in the presence of international observers, making the hubristic declaration that the announcement "was not a true reflection of [his] will and intention". Never mind that Tudjman's political party was in an alliance with the Serb People's Party at the time; never mind that Tudjman was dead and unable to explain his words and actions or defend himself.

Even the US Ambassador to Croatia , Peter Galbraith, testified that he "did not believe that Tudjman was going to expel the Serbs" but thought the Serbs would leave regardless and that it would be a "side effect" of the military offensive. To counter this, the ICTY cited evidence that Tudjman and Gotovina discussed "how to provide the Serb civilians in Knin and elsewhere a way out during the military attack". Rather than giving them credit for their prescience, the judges decided this was not reconcilable with protecting civil rights. Apart from the obvious fact that it is reconcilable – the guarantee of civil rights does not obviate the desire of civilians to get out of the way of a military operation and avoid being victims of collateral damage – the ICTY glossed over crucial evidence that much of the Serb population might not have wanted to stay. Apparently, a report by the UN Secretary-General acknowledging that it was "difficult to determine the extent to which the mass exodus of the Krajina Serb population was brought about by fear of Croatian forces, as opposed to the desire not to live under Croatian authority", was deemed immaterial.

Instead, the ICTY created a catch-22 that denied the legitimacy of Croatia 's defensive war and vilified a country that had taken in half a million enemy refugees and harboured them in its best tourist resorts out of pure human decency. If the Croatian leadership hadn't considered evacuation routes, they'd have been guilty of failing to protect civilians; yet when they did consider evacuation routes, they were found guilty of ethnic cleansing. It was an attitude characteristic of UN involvement in the former Yugoslavia . Rather than risk being accused of facilitating ethnic cleansing by transporting Bosnian civilians to safety, the UN left them to fend for themselves, to walk hundreds of miles, across frontlines and minefields and forbidding mountains, to the safety of Croatia 's refugee camps on the Adriatic coast.

The court also chose not to acknowledge that Operation Storm was encouraged by the international community, regardless of the possible repercussions with regard to the displacement of civilians. Galbraith testified that he recommended "that we not take any action that would discourage Croatia from continuing with that campaign" and that many in the Clinton administration "welcomed Croatia 's actions". He further noted "I think that Operation Storm and the subsequent campaign in Bosnia was critical to arriving at the Dayton peace agreements" and that the war in Bosnia would not have ended when it did "if it were not for the Croatian army's military action." As for the details of the operation, the court held that Gotovina's attack on Knin was "unlawful", despite Galbraith's evidence that, according to his embassy staff, one of whom was an artillery officer, the shelling of Knin was "relatively brief" and "not very destructive". He also observed that it "took place in the context of an operation aimed at capturing the town" and "you have to make a distinction between, for example, what the United States might do, given the technical [capability] it has, and whether it can avoid major, you know, casualties, as opposed to a country that would be much less capable technologically." Crucially, the UN Military Observers' ninety-five reports for this period were found to be missing from the EU archives when Gotovina's defence team requested them.

Ultimately, it is difficult to escape the conclusion that the ICTY convicted Ante Gotovina and Mladen Markac on the grounds of a conspiracy theory. According to the ICTY, the President of Croatia, along with much of his leadership team, conducted Operation Storm with the express purpose of expelling Serb civilians from the Krajina. Despite no concrete proof of a plan and no proof of expulsion, the ICTY advanced a theory that disparaged the entire Croatian nation. It also demonstrated a complete lack of perspective, ironic for a court obsessed with the proportionality of the military operation and supposedly focussed on the victims of war crimes. To quote Galbraith's testimony, "the whole UNPROFOR peacekeeping mission was in danger of collapse…. NATO wasn't going to save Bihac". If Gotovina had not led Operation Storm and liberated Bihac, "the lucky ones would have been expelled, but it's likely that tens of thousands would have been murdered by Mladic". It would have been "strategically disastrous" and "the chances of achieving [peace] would have been very small".

Gotovina and Markac not only liberated Croatia , but also saved the Bosnian Muslims of Bihac from the same fate as their compatriots in Srebrenica, paving the way for peace in the Balkans. That any judge could deem this a crime against humanity is contemptible.

Mishka Góra is a Tasmanian-based writer who worked as a humanitarian aid worker under the auspices of the United Nations on both sides of the frontlines during the 1990s conflict. She has no ethnic affiliation to any of the peoples of the former Yugoslavia .

© The National Forum and contributors 1999-2011. All rights reserved.



http://www.onlineopinion.com.au/view.asp?article=12671

DEFENSE REPLIES TO PRESECUTOR’S REPLY

DEFENSE REPLIES TO PRESECUTOR’S REPLY

The defense claims that in its response to Gotovina’s appellate brief the prosecution didn’t offer any arguments that might convince the Appeals chamber not to invalidate the judgment sentencing the Croatian general to 24 years in prison

General Ante Gotovina’s defense believes their Appeal should be adopted. They claim the prosecution didn’t offer any arguments in its reply which could contest the claims in Defense Appeals Brief. General Gotovina was sentenced to 24 years in prison in April this year, as a participant in the joint criminal enterprise (JCE) aimed at expelling Serbs from Krajina during and after Operation „Storm“ in 1995. Defense urges the Appeals Chamber to invalidate the findings in the judgment and „acquit“ former commander of Split Military District „of all charges“.

Defense contends that the prosecution’s argument on the existence of a joint criminal enterprise „rests on the bootstrapping of four individually unproven arguments, each used to prove the existence of the other“. These are the Brioni meeting, indiscriminate shelling, crimes of Croatian Army and Police and measures implemented by the Croatian government to prevent the Serb refugees from returning to Krajina after Operation „Storm“.

In its reply, Gotovina’s defense states that the prosecution „never cites“ the transcript of Brioni meeting from 31 July 1995 in support of its claims. According to the prosecution, participants of that meeting „explicitly refer[ed] to forcing the flight of the Serb civilian population out of the Krajina through the unlawful attack”. The defense contends that the prosecution „concedes“ there was no “formal decision” taken at Brioni to expel Serbs, and no “single statement” at the Brioni meeting would indicate that there was intent to target Serb civilians with artillery.

The defense also contests the prosecution’s argument that the judgment properly concluded that Gotovina’s aim was „to treat entire towns as targets“. According to judgment, this was done through the order issued on 2 August 1995 in which Gotovina demands that ‘Knin, Benkovac, Obrovac and Gracac be put under artillery fire’. Defense states that the Tribunal’s Conference and Languages Services Section (CLSS ) erred when they translated word „udari“ as „fire“, instead of translating it as “strikes”. That mistake in the translation drastically changed the situation, because the word „udari“ indicates that artillery attacks were aimed at military targets.According to the defense, it is clear from the later orders issued by Gotovina and Commander of the HV artillery during Operation Storm Marko Rajcic. The defense claims that those orders clearly mark military targets which should be attacked in the above-mentioned towns. Finally, the defense believes there is “no finding or evidence of direct targeting of civilians and no basis to infer an indiscriminate attack“. As a result „the entire Judgment collapses“, the defense claims.

The Chamber, the defense notes, specifically found that the common objective of JCE „did not amount to, or involve, the commission of the natural and foreseeable crimes“. The prosecution at the same time claims that crimes were planned. If these crimes were intended they would have formed part of the common JCE objective. The Chamber „found they did not“, defense claims.

The prosecution claims that Serb refugees were prevented from returning to Krajina. “Prosecution does not dispute that if the Krajina Serbs were not deported from the four towns, then the demographic policy post-Storm was not unlawful”, defense claims.

Gotovina „was not a member of, and did not significantly contribute to, a JCE“, the defense states. That is, according to them, clearly confirmed in the parts of their Appeals Brief, allegedly unchallenged by the prosecution. The Appeals brief states:numerous times Gotovina exclusively „ordered to target military objectives“; “the Chamber made no finding of any civilian deaths or injuries from shelling“; „every subsequent investigation by impartial observers and human rights organizations failed to uncover any evidence of unlawful shelling“. Finally, the defense also stated that general Gotovina took „all steps“ before and after Operation Storm „to prevent/punish crime“ against civilians and their property.


http://www.sense-agency.com/icty/defense-replies-to-presecutor%E2%80%99s-reply.29.html?news_id=13246&cat_id=1