First Witnesses Testify in Karadzic Trial

By Elizabeth A. Conger
Impunity Watch, Europe

THE HAGUE, Netherlands – On April 13, 2010, ICTY prosecution brought forth its first witness in the trial against former Bosnian Serb leader Radovan Karadzic. 

Radovan Karadzic was arrested in July of 2008 in Belgrade, Serbia, after spending years in hiding. He faces charges for crimes committed in Bosnia Herzegovina from 1992 to 1995, including eleven counts of war crimes, genocide, and crimes against humanity. Karadzic was the alleged mastermind of the bloody forty-four month siege of Sarajevo, and the massacre of roughly 8,000 Muslim men and boys in the UN “safe haven” of Srebrenica in 1995.

The first witness called on by the prosecution was Ahmet Zulic, who testified about his six month detention in the Manjaca camp in northern Bosnia in 1992. When the prosecution showed a video from the Manjaca camp Zulic recognized himself among the inmates who were stitting on the floor in one big room.

The notorious Manjaca camp was used by Serb forces to detain roughly 4,000 people, primarily Bosniaks and Croats, in 1992.

Zulic told of his capture in the area of Sanksi Most in June 1992. After a period of detention and torture in garages in Betonirka, Zulic was transferred in the back of a tarpaulin covered truck to the Manjaca camp. Zulic explained that some of the prisoners died on the way to the camp.

“It was hot and we could not breathe . . . I [had] to drink my own urine since I was thirsty.”

While in the Manjaca camp, Zulic was severely beaten. He remains disabled today. His injuries included seven damaged vertebrae, fractured ribs, a broken finger, and smashed-in teeth. Zulic also recounted how he was forced to watch the killing of twenty men who had been forced to dig their own graves.

He said: “I am physically invalid. But I also suffer in a different way . . . I am going through it again, and again and again.” He added: “I have nightmares very often . . . I very frequently dream of people who were killed beside me or were dying beside me. I had one last night.”

Before Zulic was questioned, Judge O-Gon Kwon apologized to Zulic for the fact that he had to come to the Hague three times before finally taking the stand. The trial was officially started in October, 2009 when the prosecution made its initial statements, but was postponed numerous times in the following months due to boycotts and appeals made by Karadzic. Karadzic did not deliver the defense’s opening statement until this past March, and his final appeal was just rejected earlier this month.

The Court also warned Karadzic to keep his questioning relevant several times during the cross-examination, and warned him about the way in which he questioned Zulic.

Karadzic sought to discredit the Zulic by referring to him as “well trained by the prosecution,” referring to the fact that Zulic had been called in by prosecution to testify in the three earlier trials, including the trial of Slobodan Milosevic.

Zulic, a Muslim, testified that Serb captors had carved a cross into his chest while they tortured him. During the cross-examination Karadzic accused Zulic of lying about the torture.  At one point Zulic pulled open his shirt on the witness stand, pointed to his chest, and told the bench:

“Right here I have a cross carved in my skin. You can see the cross carved on my chest.”

The second prosecution witness to take the stand, Sulejman Crncalo, recalled his wife’s death in the Markale Massacre in Sarajevo on August 28, 1995.  Crncalo testified that his wife had left their home that morning to find powdered milk for the children. When she did not return by eleven in the morning as planned, Crncalo left to look for her. He described how he came upon the bloody scene at Markale, where Serb forces under Karadzic’s command had shot missiles into the busy market.

He said: “I arrived and saw blood all over the street, pieces of bodies, clothes, shoes . . . The balustrade on the side was covered in blood, like somebody painted it red.”

Crncalo wept as he described how he later discovered that his wife had been killed in the attack, and how he found her body in the hospital mortuary.

Karadzic, who is serving as his own defense lawyer, started his cross examination of Crncalo by expressing his condolences for Crncalo’s loss, and stating that he, Karadzic, would establish who was to blame for the massacre.

Karadzic claims that the killings at the Markale market were not committed by Bosnian Serb forces. However, in its ruling in the case of Dragomir Milosevic, the ICTY confirmed that the Bosnian Serbs were, in fact, responsible for the attack on the market.

Karadzic has denied all charges, and in his opening statement to the ICTY in March he claimed that the Srebrenica massacre was a “myth” and that other atrocities were “staged” by Muslims themselves. He also described Serb efforts against the Bosnians as “just and holy.”

 The prosecution’s witness list includes ten more people slated to take the stand, including victims of the Bosnian war, former UN military and civilian officials, and two protected witnesses whose names are being kept secret.

 For more information, please see:

AP – Serbs carved cross on my chest: witness tells Karadzic trial – 14 April 2010

Balkan Insight – Witness Describes Markale Massacre at Karadzic Trial – 14 April 2010

Radio Netherlands Worldwide – First witness testifies against Karadzic – 14 April 2010

Balkan Insight – FirstProsecution Witness Testifies Against Karadzic – 13 April 2010

Radio Free Europe – Karadzic Trial Resumes; First Witness Called – 13 April 2010

Sadr Orders Militia to Stand Down

By Ahmad Shihadah
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq – Shiite cleric Moqtada al-Sadr ordered his followers to cease hostilities, ending six days of violence in Iraq.  Sadr directed his Mahdi Army to cooperate with the Iraqi government’s efforts to maintain security, but did not tell them to give up their weapons.  In exchange for an end to the violence, Sadr demanded that his followers be released and given amnesty.  Sadr also used the statement as a rallying cry against the US forces in Iraq, calling them the “armies of darkness.”

Iraqi Prime Minister Nouri al-Maliki targeted Sadr’s followers in an offensive launched last week aimed at improving security in the country.  The Maliki government hoped to weaken Sadr’s influence, both politically and militarily, but the plan appears to have backfired.  The offensive has been widely seen as a failure.  It is now Maliki, not Sadr, who appears to be politically and militarily weak.

The cease-fire itself shows Sadr’s strength.  Before he launched the offensive, Maliki claimed that there would be no negotiations.  After Sadr offered the ceasefire, a Maliki spokesman described Sadr’s statement as a “positive step.”  Instead of weakening Sadr’s influence, the recent violence has allowed him to solidify his base, both politically and militarily.

For more information, please see:

Time – How Moqtada al-Sadr Won in Basra – 1 April 2008

Reuters – Baghdad Green Zone Hit by Mortars – 31 March 2008

Washington Post – Sadr Tells His Militia To Cease Hostilities – 31 March 2008

Two Officials in China Sentenced to Death

By M.E. Dodge
Impunity Watch Reporter, Asia

CHONGQING, China – Wen Qiang, a 55-year old former Chinese police chief, was sentenced to death in a gang corruption case for taking about $2.4 million from Chongqing crime syndicates in return for his promise to provide legal protection. Within 24 hours of Wen’s sentencing, a 54-year old banker, Wang Yi, was also sentenced to death for taking bribes.

Wen’s story has been the biggest in a series of related gang prosecutions in the south-western city of Chongqing. Wang’s tale, though a bit less sensational, has caused a similar reaction now that his conviction and punishment have been handed down.

In Wen’s case, back in August 2009, investigators were looking for 469 suspects from 14 different gangs. Even then, when Wen was acting as the director of Chongqing’s judicial bureau and a former police chief in the city, he was under internal investigation for suspicion of protecting criminals. In late summer of 2009 when intense investigation was instigated, Liu Guanglei, a member of the standing committee of the city’s Party Committee and team leader of the operation, told the Chongqing Evening News that gangs were involved in “prostitution, gambling, drugs and guns”, and that their crimes included murder and kidnapping.

Wen was detained last August and accused of protecting gang operations masterminded by his sister-in-law, Xie Caiping, 46, known as the “godmother” of the Chongqing underworld. Xie was sentenced to 18 years imprisonment in November for running illegal casinos and bribing government officials.

 The death ruling by the Chongqing No 5 intermediate people’s court passed sentence on Wen. When testifying about the money and its origin, Wen told the court much of the money he had accepted was for “birthday and new year” gifts. In addition to being found guilty of taking bribes, Wen was also found guilty of raping a university student in 2007 and 2008, according to a news report by Chongqing News. Wen remained silent throughout the trial on Wednesday and kept a straight face when the death sentence was delivered. He can appeal the sentence, but it is not likely that the court will reverse.

However, Wen was not alone – the court found a ring of corrupt Chongqing officials. More than 3,000 people, including 14 high-ranking government and police officials, have been arrested. Chongqing’s Communist party boss, Bo Xilai, said last month the crackdown was not over, and 500 or 600 cases “still haven’t been broken.” Even Wen’s wife was sentenced. She received eight years in prison for taking bribes in exchange for protecting gang members, according to Chongqing News.

In a comment to China Daily, Pan Jinggui, a law professor at the Chongqing-based Southwest University of Political Science and Law, said, “The verdict has sounded an alarm to all police officials – cherish, don’t abuse, the powers given to you.” He went on to say that, “It also reflects the government’s determination to fight corruption and has restored the public’s confidence in the judiciary.”

For more information, please see:

The Guardian Former Chinese police chief sentenced to death in gangland case – 17 April 2010

The Times of India – 2 top officials get death over graft in China – 17 April 2010

China DailyChongqing hails death for biggest fish– 17 April 2010

Journalist From Breakaway Moldovan Region Charged With Treason And Espionage

By David Sophrin
Impunity Watch Reporter, Europe

TIRASPOL, Transnistria – An independent journalist from the breakaway Moldovan region of Transnistria was arrested in Tiraspol on Wednesday and charged with treason and espionage by the Transnistrian government.

The Transnistrian government is alleging that Vardanean has been spying on behalf of the Moldovan government.  In the past, Ernest Vardanean’s writings have often been critical of the federal government of Moldova, as well as the unrecognized government of Transnistria.  A notable target of his criticism is Transnistria President Igor Smirnov.

The arrest of Vardanean has brought swift condemnation from a number of international NGOs.  The joint statement, which was supported by the Center for Independent Journalism, the Moldovan Journalists’ Union and the Center for Journalist Investigations, declared that “the pressures upon some Transnistrian journalists, including by justice, are not unusual things for Transnistria.  We qualify the actions of Transnistrian secrete services as a new act for intimidation of Transnistrian journalists.”  The NGOs also called on the governments of Russia and Ukraine to pressure the Transnistrian authorities to release Vardanean.

Moldova’s President, Mihai Ghimpu, also condemned Vardanean’s arrest.  Ghimpu suggested that it was undertaken on the orders of Igor Smirnov, who has served as President of Transnistria since it gained its current autonomy in 1991.  “Tiraspol wants to remind the world about Smirnov and his self-proclaimed republic.”

Following an insurgency with the Moldovan government in 1990, the breakaway Transnistria region has operated independent of the central government.  It is not currently recognized as an independent nation by the United Nations or any nation other than Russia.  Unlike the rest of Moldova, the population of this region is largely ethnically Russian.

If convicted of all charges, Vardanean faces up to twenty years in prison.

For more information, please see:

REPORTERS WITHOUT BORDERS – Does arrest signal campaign by breakaway region against pro-Moldovan journalists? – 15 April, 2010

MOLDOVA POLITICOM – Transnistrian journalist Ernest Vardanean accused of treason and espionage – 14 April, 2010

BBC – Moldovan authorities, media worried about arrest of Dniester journalist – 13 April, 2010

JURNAL – NGOs defend journalist Vardanean, arrested in Tiraspol – 13 April, 2010

RADIO FREE EUROPE – Moldova Condemns Arrest of Journalist In Transdniester – 13 April, 2010

RADIO FREE EUROPE – Transdniestrian Journalist Charged With Treason – 12 April, 2010

Macedonian Law Criticized for Not Protecting Homosexuals

By Kenneth F. Hunt
Impunity Watch Reporter, Europe

SKOPJE, Macedonia – This week the Parliament of Macedonia adopted an anti-discrimination law, but failed to include a provision barring discrimination based on sexual orientation. This statute has drawn the criticism of the European Union and some human rights groups, including Amnesty International.

The law was passed by 62 of the 120 members of the Parliament on Thursday April 15. It bars and creates penalties for discrimination based on ethnicity, gender, and religion. The opposition party protested the exclusion of similar protections for gay, lesbian, bisexual, and transgendered persons in Macedonia.

After the legislation passed, the EU immediately asked Macedonian legislatures to reconsider or otherwise amend the legislation.

In particular, the European Commission, the EU’s executive body, pointed to the EU framework which requires that national standards for anti-discrimination align with minimum standards.

These standards, under the Charter of Fundamental Rights adopted in the Lisbon Treaty, require that any “recently enacted antidiscrimination legislation will need to be amended in order to include explicit prohibition of discrimination on grounds of sexual discrimination.”

Even though Macedonia is not a part of the EU, and therefore not required to change the law, it is currently part of the accession process and seeks to join the EU in the next round of enlargement.

In addition to violation European law, human rights groups claim that Macedonia’s law does not comply with international law. Amnesty International, specifically, claims that protecting citizens from all forms of discrimination constitutes a legal obligation under various human rights treaties that Macedonia has signed on to.

The Macedonian opposition has seized on this issue to point out impunity issues in the nation. They claim that conservative Prime Minister Nikola Gruevski has a long record of antagonism towards homosexual Macedonians. They also claim that the new law is a deliberately “discriminatory anti-discrimination law”.

Moreover, EU Enlargement Commissioner, Stefan Fuele, claims that he sent a letter to Mr. Gruevski, which has been an ignored to continue domestic discrimination against citizens that are homosexual.

Documented instances of discrimination against homosexuals during the Gruevski administration have included job discrimination, humiliation in public places, and harassment by police officers.

For more information, please see:

ASSOCIATED PRESS – New Macedonian rights law fails to protect gays – 16 April 2010

BALKAN INSIGHT – Macedonia Press Review, April 16, 2010 – 16 April 2010

EU OBSERVER – EU rejects Macedonia anti-discrimination law – 16 April 2010