Concerns in Europe: January - June 2001
21
Amnesty International September 2001
AI Index: EUR 01/003/2001
lengthy account of the circumstances under which he
had detained the suspect under investigation, and
revealed some of the findings of the investigation
against the Ševe. Edin Garaplija requested that the
court summon for questioning several additional
witnesses, notably his superior officer in AID, two
other officers involved in the detention of the alleged
victim, and several high-ranking former and serving
government officials. He advised that all of these
people could clarify the events surrounding the
investigation of the Ševe members and their activities,
which he had been ordered to carry out. However the
court refused to call these witnesses or inquire further
about the case. A judgment which was issued on the
same day found Edin Garaplija guilty of attempted
murder and ill-treatment in the course of duty, rather
than kidnapping, and sentenced him to seven years’
imprisonment. The request by Mr Garaplija’s lawyer
to renew criminal proceedings against his client
entirely was rejected.
AI has noted that nowhere in the judgment was
the new testimony provided by Edin Garaplija
addressed. Rather the court concluded that the version
of events had been correctly established at the original
trial. AI is concerned that Mr Garaplija’s right to a fair
trial as guaranteed under internationally recognized
standards was violated during the proceedings in the
Supreme Court. In particular the organization believes
that his right to be presumed innocent was violated
and that the court hearing his appeal cannot be
considered an impartial tribunal. The Supreme Court
panel reportedly consisted of the same judges who had
heard Mr Garaplija’s original appeal in 1998. In
addition, the defence alleged that one of the Supreme
Court judges had had contacts with AID officials
shortly before the first appeal hearing; the defence
request that he be recused from the proceedings was
rejected, reportedly without a thorough examination
of the allegations. Similarly, the appeal court’s refusal
to hear witnesses proposed by the defence was in
violation of the accused’s right to examine, and have
examined, witnesses in his defence.
AI also remains concerned that the Federal
Prosecutor does not appear to have initiated
investigations into the war time criminal offences
reported by Edin Garaplija, despite his statements
during the appeal hearings that he would do so. The
newly appointed Federation Interior Minister stated in
June that he had not received any requests for
information from the Federal Prosecutor and that he
had discovered that most of the documentation that
had been collected on the Seve formation had gone
missing.
Trials before the Tribunal
In February the Tribunal convicted three Bosnian
Serbs of sexual crimes against women and girls in
Fo
a in eastern Bosnia-Herzegovina, in a landmark
judgment which concluded that rape and sexual
enslavement were crimes against humanity. The three
men were sentenced to imprisonment for up to 28
years. Two of the men were found guilty of holding
Bosniac women and girls in captivity in a number of
detention centres in and around Fo
a, where they were
subjected to physical and sexual assaults. The fate and
whereabouts of many of the victims remain unknown.
Also in February two Bosnian Croats were found
guilty of crimes against humanity and war crimes after
a trial which had lasted almost two years and received
sentences of up to 25 years. The trial chamber
concluded that Dario Kordi
, a high-ranking politician
in the Bosnian HDZ and Mario
erkez, an HVO
commander, helped organize and participated in a
campaign of extreme and systematic persecution of
the Bosniac population in central Bosnia.
In April, SFOR troops arrested Bosnian Serb
Dragan Obrenovi
in Zvornik, on the basis of a sealed
indictment which accused him of complicity in
genocide, crimes against humanity and war crimes.
According to the indictment, Dragan Obrenovi
had
been in command of a Bosnian Serb Army brigade
which had participated in the siege of the formerly UN
protected enclave of Srebrenica, and in the subsequent
mass summary executions of Bosniac men and boys.
His brigade came under the direct command of
Generals Ratko Mladi
and Radislav Krsti
. Radislav
Krsti
is currently on trial before the Tribunal on
charges of genocide, crimes against humanity and war
crimes.
In January, former RS President Biljana Plavši
surrendered herself to the Tribunal after learning that
she had been secretly indicted for genocide, crimes
against humanity and war crimes. She was co-indicted
with Mom
ilo Krajišnik, a former member of the post-
war Bosnian State Presidency, who was arrested in
April 2000. Biljana Plavši
is expected to stand trial
together with Mom
ilo Krajišnik. The former Bosnian
Serb leader, Radovan Karad
i
, who remains at
liberty, is indicted on similar charges in one of the two
indictments issued against him, and, should he come
into the Tribunal’s custody, his case will likely be
joined with that of Biljana Plavši
and Mom
ilo
Krajišnik.
In March Bosnian Serb Blagoje Simi
surrendered himself to the Tribunal. He had been
indicted for war crimes and crimes against humanity
against the Bosniac population in Bosanski Šamac,
and had been living in the Federal Republic of
Yugoslavia (FRY). He will be tried jointly with three
other suspects in the case who came into the
Tribunal’s custody earlier.
Also in March, the FRY authorities arrested and
transferred to the Tribunal’s custody Bosnian Serb
Milomir Štaki
, who had been secretly indicted for
genocide against Bosniac prisoners in detention
camps around Prijedor.
Persecution of journalists
AI received many reports of persecution of
independent journalists in both entities. For example,
in January unknown assailants beat Kristijan Iveli
, a