Trial of Ratko Mladić

Ratko Mladić in court (Photograph provided courtesy of the ICTY)

The Prosecutor v. Ratko Mladić is a case before the International Criminal Tribunal for the former Yugoslavia in The Hague, Netherlands concerning crimes allegedly committed during the Bosnian War by Ratko Mladić as his role as a general in the Yugoslav People's Army and the Chief of Staff of the Army of Republika Srpska.

The trial of Mladić is being presided over by judge Alphons Orie of the Netherlands, with two assisting judges, Bakone Justice Moloto of South Africa and Christoph Flügge of Germany. Proceedings began on 3 June 2011 with a listing of the charges against Mladić, which included crimes against humanity, particularly in connection with the Srebrenica massacre and Siege of Sarajevo.

Arrest

Ratko Mladić was arrested on 26 May 2011 in Lazarevo, near Zrenjanin in the Banat region of the northern province of Vojvodina. His arrest was carried out by two dozen Serbian special police officers wearing black uniforms and masks, and sporting no insignia. The police were accompanied by Security Information Agency and War Crimes Prosecutor's Office agents. The officers entered the village in four jeeps in the early morning hours, while most residents were still asleep. They pulled up to four houses simultaneously, each owned by Mladić's relatives. Mladić was about to venture into the yard for a walk after being awakened by pain, when four officers jumped over the fence and broke into the house just as he moved toward the door, grabbing Mladić, forcing him to the floor, and demanding he identify himself. Mladić identified himself correctly, and surrendered two pistols he had been carrying. He was then taken to Belgrade.[1][2] Mladić was arrested in the house of his cousin Branislav Mladić, at the Ul. Vuka Karadžića 2.[3] Branislav had been identified as a possible suspect at least two months before, and had been under surveillance right up to his arrest. After initial doubt as to the identity of the arrested man, then Serbian President Boris Tadić confirmed that it was Mladić at a press conference and announced that the process of extraditing him to the ICTY was under way. Mladić had been using the pseudonym "Milorad Komadić" while in hiding.[4] Mladić was not wearing a beard or any disguise. His appearance reportedly showed he had "aged considerably", and one of his arms was paralyzed due to a series of strokes.[5]

Following his arrest, Mladić appeared before the Belgrade Higher Court for a hearing on whether he was fit to be extradited to the Hague. Judge Milan Dilparić suspended interrogation due to his poor health. Mladić's lawyer Miloš Šaljić said that his poor health prevented him from properly communicating. He was allegedly unable to confirm his personal data, but attempted to talk to the prosecutors on several occasions, especially to Deputy War Crimes Prosecutor Bruno Vekarić.[6] However, the court ruled that he was fit to be extradited on 27 May. According to the Serbian Health Ministry, a team of prison doctors described his health as stable following checkups. Mladić was also visited in prison by Health Minister Zoran Stanković, a former friend.[7]

Reactions

Support for Mladić in Banja Luka

Following the arrest, Serbian authorities tightened security and banned public gatherings throughout the country.[8]

The Serbian Radical Party praised Mladić as a "hero" and described his arrest as "one of the hardest moments in Serbian history." The far-right group 1389 described his arrest as "national treason."

In Novi Sad, hundreds of demonstrators attempted to break into the headquarters of the ruling Democratic Party but were blocked by riot police, who injured two protesters. In Lazarevo, residents expressed support for Mladić to the media, waved Serbian and Russian flags, put up a banner of support at the entrance, blocked the road with a trailer, chanted, stopped people from taking pictures of Mladić's house and told journalists to leave. Serbian police placed the house under guard and arrested a demonstrator.[9][10]

Serb demonstrators showed their support for Mladić in the Republika Srpska entity of Bosnia and Herzegovina in Pale, the administrative centre of Republika Srpska during the Bosnian War, and in the former capital of Banja Luka.[11] Approximately 1,500 rallied in support of Mladić near his birthplace in Kalinovik, Bosnia and Herzegovina. Pantelija Ćurguz, President of the Association of Veterans of Republika Srpska (BORS), organized the rally.[8] The Serbian Radical Party called a demonstration outside of the Serbian parliament and led the largest opposition party rally in support of Mladić in Belgrade. The demonstration was attended by several thousand protesters which held pictures of Mladić and Serbian Radical Party leader Vojislav Šešelj and wore Serbian nationalist emblems and slogans.[12] A banner also demanded the ouster of President Boris Tadić. More than 3,000 riot police were deployed around government buildings and Western embassies, and riot police also tried to block small groups of demonstrators from reaching the rally. The rally descended into rioting that spread throughout downtown Belgrade. Demonstrators threw stones and bottles at police, broke traffic lights, overturned garbage cans, and set off firecrackers. Riot police set up cordons and clashed with protesters at several locations in central Belgrade.[13] Darko Mladić, Ratko Mladić's son, stated "Ratko Mladić is not a criminal, he did not order the killings. He defended his people in an honourable, fair and professional manner." Speakers from the Serbian Radical Party promoted a "Greater Serbia", which would include parts of Bosnia and the Krajina region of Croatia in addition to the extant Serbian republic. According to the interior ministry there were 111 arrests, and 32 police and 11 protesters suffered minor injuries.[12]

Europe

North America

International organizations

Trial

Initial proceedings

Satellite cars outside the ICTY on the day before Mladić's arrival in the Netherlands

Mladić's trial began on 3 June 2011 with an initial hearing to list the charges against him and ask him for a plea. After judge Orie read out the charges, Mladić responded by calling them "obnoxious" and "monstrous".[26]

The charges brought against Mladić are:[26]

  1. Genocide against a part of the Bosniak and/or Bosnian Croat national ethnical and or religious groups with the object of permanently removing Bosniaks and Bosnian Croats from the territories of Bosnia and Herzegovina claimed as Bosnian Serb territory.
  2. Genocide against Bosniaks in Srebrenica by killing the men and boys of Srebrenica and forcibly removing the women, young children and some elderly.
  3. Persecutions as a crime against humanity including murder, torture, beatings and rape against Bosniaks and Bosnian Croats.
  4. Extermination and murder of Bosniaks and Bosnian Croats in the municipalities.
  5. Murder of Bosniaks in Srebrenica.
  6. Murder of civilians in Sarajevo.
  7. Forcible deportation of Bosniaks, Bosnian Croats or other non-Serbs from the municipalities.
  8. Forcible deportation of Bosniaks, Bosnian Croats or other non-Serbs from Srebrenica.
  9. Terror and unlawful attacks against civilians.
  10. Sniping and shelling against civilians in Sarajevo.
  11. Hostage-taking of United Nations military observers and peacekeepers.

Mladić declined to enter a plea and the trial was adjourned until 4 July, when he made a second initial appearance and was asked to enter a plea. He was removed from the courtroom for continually interrupting the judge and appearing to attempt to communicate with the public gallery; Mladić expressed anger at being represented by an ICTY-appointed lawyer rather than his chosen lawyer, military attorney Milos Saljic, and Russian jurist Alexander Mezyayev. (The court is still verifying their eligibility.) A plea of 'not guilty' was later entered by the court on his behalf.[27]

On 17 August 2011, Mladić was admitted to a Dutch hospital, reportedly for a hernia operation.[28]

On 10 November 2011, the medical service of the prison found that Mladić was not in a condition to follow the trial. It was decided that he needed a longer period of recovery.[29]

Republika Srpska defence funding controversy

On 28 June 2011, the Republika Srpska government announced its plans to provide financial support of around 50,000 euros to Mladić's legal defence from the Foundation for Legal Assistance for War Criminal Suspects. High Representative Valentin Inzko described the decision as "pitiful" and that it is a "test of maturity of Bosnia and Herzegovina's political establishment", further saying that: "The money is of the taxpayers, but also of the mothers of Srebrenica. I cannot imagine an Austrian war criminal, a Nazi war criminal, receiving financial help from the Austrian government."[30]

Main hearings

The main hearings of the trial began on 16 May 2012.[31] Prosecutors have 200 hours in which to make their case, presenting evidence from more than 400 witnesses, the first of whom is due to testify on 29 May. Most of the witness evidence is to be submitted in the form of written statements. Mladić has refused to enter a plea to any of the charges against him.[32]

On 17 May, the trial was adjourned indefinitely by the presiding judge due to prosecution "errors". It was reported that the prosecutor failed to disclose all of their facts to the defence. The prosecutor admitted the errors and the lawyer of Mladić asked for a six-month delay. The judge, Alphons Orie, said that they are still analysing the error and want to continue the trial as soon as possible.[33] On 10 April 2013, one of the survivors testified about the July 1995 massacre of almost 8,000 men and boys in Srebrenica in eastern Bosnia. Mladić was removed from the courtroom after muttering during the testimony. Prosecutors said that the Srebrenica testimony is expected to last several months.[34] Mladić refused to testify at the trial of his superior, Radovan Karadžić, despite a subpoena from the ICC as he called the court "satanic" and added that "I do not want to testify and refuse to testify for reasons of my health and that it would prejudice my own case."[35]

References

  1. "Mladic could be extradited as early as Monday". Yahoo! News. Retrieved 3 June 2011.
  2. Bosnian Serb fugitive Mladic arrested: family friend. Reuters. 26 May 2011.
  3. "Mladić uhapšen u Lazarevu!". Zrenjanin. Retrieved 26 May 2011.
  4. Spiegel, Peter (26 May 2011). "Serbia confirms arrest of Ratko Mladic". Financial Times (London). Retrieved 26 May 2011.
  5. "Ratko Mladić arrested – details emerging". B92. 26 May 2011. Retrieved 26 May 2011.
  6. "Judge suspends interrogation due to Mladić's ill health". B92. Retrieved 3 June 2011.
  7. Jovanovic, Dragana; Ferran, Lee (27 May 2011). "Ratko Mladic Fit for Hague War Crimes Trial, Serbian Court Says". ABC News (New York).
  8. 1 2 "Over 1,000 Gather in Support of Mladic". Balkan Investigative Reporting Network. 29 May 2011.
  9. Burden, Kevin (27 May 2011). "Ratko Mladic arrest divides Serbian villagers". The Guardian (London). Retrieved 3 June 2011.
  10. "Serbia arrests Mladic on war crimes charges". Yahoo News. Retrieved 3 June 2011.
  11. "Serb nationalists protest in support of Mladic". euronews. 26 May 2011.
  12. 1 2 MacDowall, Andrew (31 May 2011). "Serbia 'certain' to reject plea for Mladic trial to be halted". The Independent (London).
  13. "Clashes erupt in Belgrade to protest Mladic arrest". Yahoo! News. Retrieved 3 June 2011.
  14. "PM Berisha: Mladić arrest, triumph of international justice and consolation to families of victims" (Press release). Cabinet of Albania. 4 July 2011.
  15. "Berisha Mlladic figura me e zeze e Evropes Mladic". Top Channel. 4 July 2011.
  16. 1 2 3 4 5 6 7 "Reaction to arrest of war crimes suspect Mladic". Reuters. 26 May 2011.
  17. "Mladic: Balkan reactions". euronews. 26 May 2011.
  18. "Mixed Reactions From Bosnia Following Mladic Arrest". Balkan Insight. 26 May 2011.
  19. Kroeger, Alix (26 May 2011). "Ratko Mladic arrest: Anger and relief in Bosnia". BBC.
  20. 1 2 3 Cerkez, Aida (26 May 2011). "Mladic's arrest draws divided reaction in Bosnia". Salon.
  21. 1 2 3 4 5 6 7 8 "A selection of reactions to Mladic's arrest". Associated Press. 26 May 2011.
  22. "West hails news of Mladic arrest in Serbia". Yahoo News. Reuters. 26 May 2011.
  23. 1 2 3 4 5 6 7 8 "Ratko Mladic arrested: International reaction". BBC. 26 May 2011.
  24. "Turkey welcomes capture of Serb war criminal Mladic". Today's Zaman. 27 May 2011.
  25. "Thorbjørn Jagland welcomes arrest of Ratko Mladić" (Press release). Council of Europe. 25 May 2011.
  26. 1 2 "Mladic shuns 'monstrous' charges". BBC. 3 June 2011.
  27. "Ratko Mladic, ex-Bosnian Serb general, led from court". BBC. 4 July 2011.
  28. "'Butcher of Bosnia' Mladic in Dutch hospital". Radio Netherlands Worldwide. 18 August 2011. Retrieved 19 August 2011.
  29. "'Mladic laut Tribunalsärzten zu krank für Anhörung vor Gericht". ORF (in German) (Vienna). 10 November 2011. Retrieved 3 April 2012.
  30. "RS to pay for Mladic, Karadzic Hague legal defence". Southeast European Times. 28 June 2011.
  31. "Bosnia's Butcher in Court: Ratko Mladic Stands Trial for War Crimes". TIME. 16 May 2012. Retrieved 16 May 2012.
  32. "Ratko Mladic finally goes on trial". The Daily Telegraph. 16 May 2012. Retrieved 16 May 2012.
  33. "Mladic trial suspended 'indefinitely'". Al Jazeera. 17 March 2012. Retrieved 17 March 2012.
  34. "Ratko Mladic removed from UN war crimes court". The Telegraph. 10 April 2013. Retrieved 5 May 2013.
  35. http://www.aljazeera.com/news/europe/2014/01/mladic-refuses-testify-war-crimes-trial-2014128113453334792.html

External links

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