Former Bosnian Serb leader Radovan Karadzic is working hard on his defence case from his prison cell in Scheveningen. Since the beginning of his pre-trial proceedings before the International Criminal Tribunal for the Former Yugoslavia (ICTY) 14 months ago, he has filed more than a hundred motions – including one that claims that former United States Special Envoy Richard Holbrooke had promised him immunity from prosecution.
By Sebastiaan Gottlieb, The Hague
Peter Robinson is Legal Advisor to Karadzic. He says that their team has already received over a million pages of documents from the prosecution and that more arrive every day. They have also asked 27 states and international organisations for documents to help them prepare for cross-examination of prosecution witnesses.
“Some states – such as Bosnia and Croatia - haven’t replied at all, while others - such as Sweden, Norway and Belgium - responded right away. There are also states - including the Netherlands and the United States - who promised to cooperate but haven’t yet done so,” says Robinson.
Because of the heavy workload, Karadzic had asked to extend his trial preparation by another ten months. The Trial Chamber initially denied the request and ruled that the trial would start October 19th. However, on October 13th the appeals chamber ruled that the prosecution must submit a marked-up indictment by the 19th. Karadzic will then have an additional week to review it before going to trial.
Changing indictment
Karadzic and the Trial Chamber judges have been trying to reduce the indictment against him in a bid to shorten the duration of trial. The original indictment was drafted in July 1995, right after the massacre of over 7,000 Muslim men and boys in Srebenica. A second indictment was filed in November 1995, following the Dayton peace talks. The indictments have been amended three times since then - most recently in February of this year.
Some of the biggest changes to the indictment include the addition of charges of involvement in joint criminal enterprises. Karadzic is now the only person to appear before the Yugoslavia Tribunal accused of being a member of four different joint criminal enterprises.
On the other hand, the number of municipalities where Karadzic is accused of having committed war crimes has been reduced from 45 to 27.
Any further reduction of the indictment would jeopardize the possiblity of securing Karadzic’s conviction, the prosecution told the court.
Peter Robinson visits Karadzic every other day to discuss the trial. Robinson drafts the motions which Karadzic then files with the Trial Chamber.
“Karadzic is in good shape and looking forward to the start of this trial,” Robinson says, “but he will be very disappointed if the trial starts before he completes his preparation.”
In a written interview with the IJT, Karadzic added: “I hope my trial is fair, but my expectations are very low.”
ICTY President Patrick Robinson has said that he expects the Karadzic trial to end in early 2012 and all appellate proceedings to be concluded by mid-2013.
Robinson is concerned about the toll this could take on his client: “It would be exhausting for anyone to defend themselves before a court that sits five days a week for ... three years.”
Also read the interview with Radovan Karadzic
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