Tuesday, March 3, 2009

The Proceedings at ICTY: archive

To current file <<<

.... Dr Karadzic has declined to enter a plea, presumably because he doesn't wish to acknowledge the Tribunal. This will will be pro forma converted to 'not guilty'. The Prosecution however will only have completed the new indictment during the last week of September - so why should it be answered before then? What's more, although there are any number of interpreters available at the Court, the Prosecution has said they are unable to produce a Serbo-Croatian translation of the document ... even Judge Bonomy reacted irritated ...

Monsters and Critics: "PREVIEW: Karadzic to enter plea Friday at war crimes hearing"

The former Serb leader Radovan Karadzic is to enter his plea Friday in a second pre-trial hearing before the International Criminal Tribunal for the former Yugoslavia (ICTY).

Karadzic, 63, has been charged with war crimes and crimes against humanity committed during the 1992-1995 war in Bosnia, including genocide and crimes against humanity.

Friday's session of the court in The Hague, due to start at 12:15 GMT, comes a month after Karadzic first appeared and requested a 30- day postponement to study the indictment. (...) >>>

Updated: 29th Aug. 2008
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Politeia: The Trial of Radovan Karadzic: Hartmann Indicted

(...) ICTY has issued an Order in Lieu of an Indictment has been issued against Florence Hartmann on two counts of contempt of the Tribunal. Hartmann was the spokesperson of former ICTY Chief Prosecutor Carla Del Ponte. (...) The two counts of contempt are for allegedly disclosing protected information about the trial of former Serbian president Slobodan Milosevic. The ICTY alleges that Hartmann knowingly divulged confidential decisions in the Milosevic case.

Hartmann has repeatedly stated that former US President Bill Clinton and French President Jacques Chirac had planned a campaign to capture Karadžić, but later backed down at the urging of the US, Britain, and Germany. Hartmann has also said that Russia aided in moving Karadžić to safety in Belarus, and alleged that the West helped in order to hide information about the fall of Srebrenica

Last week, Karadžić submitted a document to the ICTY asserting that he had an immunity deal with former US Ambassador to the UN Richard Holbrooke, on the condition of withdrawing from public life. He asked the Tribunal to order the appearance of Holbrooke, as well as former US Secretary of State Madeleine Albright and two other officials involved in the deal. Holbrooke and Albright have denied the accusations, but Jurist in an article mentions that Purdue University Professor Charles Ingrao, leader of a research group dealing with issues of the former Yugoslavia, said in an interview that he has independent evidence verifying Karadzic's claims. (...) Hartmann is to appear at ICTY on 15th September. Dr Karadzic's next session is due on Friday. >>>

Updated: 28th Aug. 2008
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Balkan Insight: "'Serbia Will Help Karadzic' says Envoy"

Radoslav Stojanovic told the Reuters news agency in Belgrade that he would seek the tribunal’s permission to visit Karadzic at The Hague detention unit on September 7, adding he would ask Belgrade to provide all the documents necessary for the trial, if Karadzic thought the Serbian government could facilitate his defence. “I can ask him only if he needs any help from the government of Serbia on the preparation of documents, maybe some financial support," Stojanovic told Reuters in an interview. "I do not want to see him, I do not want to talk to him, but if he wants to see me, I will see him," he added. (...) >>>
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IHT: "Karadzic says he has no hope of a fair trial"

Former Bosnian Serb leader Radovan Karadzic has called for the U.N. genocide and crimes against humanity case against him to be dismissed because negative publicity means he can not get a fair trial. In a three-page filing dated Aug. 24 and released Tuesday, Karadzic said any presumption of innocence "has been ... reduced to a joke" by what he called "demonization in the media."(...) On Friday he will be asked by Scottish judge Iain Bonomy to enter pleas to 11 charges. If Karadzic refuses, the court will enter not guilty pleas on his behalf and begin preparations for trial. If convicted, he faces a maximum life sentence. (...) In the written statement, Karadzic wrote that "nobody in the world believes that there is any possibility of an acquittal."

(...) he claims he cut (a deal) with the United States to disappear from the public eye in return for immunity from prosecution at the U.N. court. Karadzic says he agreed to the deal with U.S. envoy Richard Holbrooke in the aftermath of the peace deal known as the Dayton Accord that ended Bosnia's bloody 1992-95 war. Holbrooke has rejected the claim, calling it "an invented story" that no one should believe. In his latest filing, Karadzic says the deal meant that he was unable to defend himself against "the systematic, continuous and total demonization of my person" in the media following his disappearance in 1996. (...) >>>

Updated: 27th Aug. 2008
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... missed (?) or suppressed (!) by the mainstream media ... this IS news ...

The Byzantine Blog: "Dutch Soldiers from Srebrenica Battalion Offer to Testify in Karadzic's Defense"

Some 15 Dutch soldiers of the former Netherlands battalion stationed in Srebrenica during the Bosnian civil war came to Belgrade on Wednesday, offering to testify in the Hague tribunal on behalf of Dr. Karadzic, a member of Radovan Karadzic's defense team Milivoje Ivanisevic told Vecernje Novosti.

(...) They came over at their own expense and said they will testify and invite more of their fellow soldiers to testify too. They left Belgrade on Thursday(...) Ivanisevic talked to each (...) Dutch soldiers complained there is a complete repression against them in Holland that had lasted for the past 10 years because they are blamed for allegedly "failing to protect Srebrenica". (...) They said in Srebrenica at the time they had to protect themselves from the Muslims, rather than protect Muslims from the Serbs (...)

On Thursday, Radovan Karadzic received another good news -- Serbophobic judge Alphons Orie has been removed (...) the tribunal's president Fausto Pocar who ordered that the case assigned to another council of judges. The Hague staff rushed to assure the media Pocar's decision was not a result of Dr. Karadzic's request to exempt Orie from his case due to bellicose Serbophobia (...) >>>

Updated: 23rd Aug. 2008

Updated: confirmation of the story by Radio Netherlands, and Pocar appointed Scots Judge Iain Bonomy
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ICTY Press Briefing: (...) a further appearance of Radovan Karadžić has been scheduled for Friday 29 August in Courtroom I commencing at 14.15. The accreditation procedure for the media will be announced in due course. (...) A journalist asked if a new indictment for Karadžić would be filed before the further initial appearance on Friday 29 August. Jelačić said that it was a question for the prosecution but as far as Registry was concerned no filing from the prosecution on this matter has been received. Jelačić added that the operative indictment remains the same and if nothing changes, he will be asked to enter a plea to charges in this indictment. (...) >>>

Updated: 20th Aug. 2008
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BBC: "Karadzic wants UN judge replaced"

Former Bosnian Serb leader Radovan Karadzic has asked the UN war crimes tribunal to replace the judge in charge of the preparatory stage of his trial. In a letter to The Hague tribunal, he said presiding Judge Alphons Orie had a "personal" interest in convicting him. Mr Karadzic said the Dutch judge would convict him to reinforce rulings in his earlier cases against Bosnian Serbs. (...)
"There clearly cannot be any question of impartiality on his [Judge Orie's] part," Mr Karadzic said in the letter made public by The Hague tribunal on Tuesday. He cited a number of cases involving Judge Orie, including the conviction of Momcilo Krajisnik, the former Bosnian Serb parliament speaker, who was sentenced to 27 years in jail. Mr Karadzic argued that the Dutch judge would now be keen on having that ruling "upheld and somehow validated, which could be achieved through, inter alia, partial and biased conduct of the case against me". (...) >>>

Updated: 20th August 2008
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Institute for War and Peace Reporting: "ICTY - Tribunal Update"

This week, Karadzic used his initial appearance to point out “numerous irregularities” about his transfer to The Hague. He repeated the claim his lawyer made several days ago that he was not arrested on July 21, as the Serbian government officially announced. “I was detained on July 18 by three civilians whom I didn’t know and taken to a place I didn’t know, where I was held for three days before being handed over to the investigative judge,” he said. Karadzic added that during those three days he was not allowed to make a phone call or send a text message to his friends who may have been worried about his disappearance.

Although there has been much speculation in relation to the actual date of Karadzic’s arrest and the identity of those who caught him – from bounty hunters to a foreign intelligence service – Numanovic believes the answer is probably quite simple. He says the way Karadzic was detained has similarities to the arrest of indicted Bosnian Serb army general Zdravko Tolimir several months ago. Tolimir was officially detained by Bosnian Serb authorities as he was trying to cross the border with Serbia, but he claimed during his initial appearance in The Hague that he had actually been arrested in Belgrade and then transferred to Bosnia.

“It is quite possible that after they had captured Karadzic, Serbian security forces wanted to hand him over to the Bosnian Serb authorities, but they probably refused to take him fearing that would cost the Republika Srpska government too much because of the popularity Karadzic still enjoys there,” said Numanovic. Meanwhile, Karadzic’s Belgrade lawyers have called on the Serbian authorities to help them get documents necessary for his defence. They have been told some assistance will be provided.

The lawyers also asked the Serbian police to give them a laptop and 50 CDs, which they claim were taken from Karadzic on the day he was arrested and which, they say, contain documents central to his defence case. Head of the Serbian government’s office for cooperation with the Hague tribunal Dusan Ignjatovic could not confirm whether the Belgrade authorities were indeed in possession of these documents, but said they would provide all the material they have that could be of use to the tribunal. (...) >>>
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Politeia: "The Trial of Radovan Karadžić"

(...) Yesterday afternoon at 16.00 hours Karadžić' initial appearance took place before Judge Alphons Orie (...) the Bench yesterday was not aware that Chief Prosecutor Serge Brammertz is working on a new Indictment (here's the Prosecution's Statement and here's the old indictment) (...)

Karadžić promise of spilling the beans during his trial at the ICTY was already made good by his early accusation that former Clinton era diplomat and Dayton Peace Accords broker, Richard Holbrooke may be trying to liquidate him as a result of a secret deal gone awry, an offer of immunity for early retirement, involving also France, the U.K. and Russia. In the meantime Karadžić has penned down his accusation in a document addressed to the Pre-Trial Chamber headed Irregularities linked to my arrival before the tribunal. On Friday Holbrooke countered by denouncing the claim as a brazen lie (...) Dutch Nova TV yesterday evening interviewing Holbrooke, mentioned that the secret deal was confirmed from unsuspicious quarters, namely Karadžić' Bosnian Muslim counterpart in the Dayton negotiations, Muhamed Sacirbey (...) Florence Hartmann recounts in her book that in March 2000, Chief Prosecutor Carla Del Ponte asked Wesley Clark, former NATO Supreme Allied Commander, whether the US had a secret agreement with Karadžić. Clark in turn accused former French President Chirac of having cut a pact with Karadžić and Mladić to win the release of two French pilots held by the Serbs in 1995 (see Bosnia News).

Hartmann further clarifies, she wrote that Karadzic’s family says that he signed such an agreement, and that Holbrooke and the US have denied it. There is no any hard evidence, but mountains of circumstantial indicators, on which more in later posts.

In the same interview Hartmann states that Joschka Fisher, the German minister of Foreign Affairs in the former German Government told Del Ponte that according to German secret services, international High Representative in Bosnia, Paddy Ashdown met with Karadžić at the end of 2003 in Bosnia!

Hartmann fumingly lists a number of occasions over the last fifteen years when Karadžić and Mladić might have been arrested, but as by a miracle, were not. Something must have been holding them back. Read it all in The European Courier interview >>>

The trial is adjourned to 29th August. >>>

Updated: 2nd August 2008
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The Brussels Journal: "Has Lord Ashdown Heard of the Phrase: “Innocent Until Proven Guilty”?

The arrest of Radovan Karadzic has predictably produced its crop of outrageous remarks from people who ought to know better but who, predictably, are incapable observing the niceties. Thus the likes of Lord Ashdown, Richard Holbrooke, David Miliband and a raft of others all speak of Karadzic as if he had already been tried and convicted. The little matter of holding a trial concerns them not. They have already pronounced him guilty, very guilty (...)

It reveals much concerning the great and good of the liberal left. Can you imagine the fuss they would make if it was Fidel Castro who had been nabbed for transfer to the International Criminal Court? If they spoke at all their sentences would be liberally sprinkled with many 'allegeds' and reminders of the fact that one is innocent until proven guilty and that nothing has as yet been proved. But for an old-fashioned nationalist deemed by the left to be of Fascist inclination who is charged with killing Muslims, no such constraint is required. He is guilty in their eyes and the trial which is now to be held is a mere formality. Mind you the Tribunal itself is no great model (...) >>>

Updated: July 2008
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Related:

- ICTY official site
- EMM News Explorer: Who is who
- Statement by the Prosecution on the arrest of Karadzic
- Indictment 14th July 1996
- Another voice: "Serbian Network" (contains links to legal documents)
- Updates throughout on Serbianna

Here's one example of factual manipulation, an arbitrary timeline, which starts when "Bosnian Serb forces had laid siege to the Srebrenica enclave", and does not mention that part-time paramilitaries ("Muslim men and boys") continually raided the Serbs out of the supposedly neutral territory of the enclave.

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