it-09-92-t 84478 d84478 - d84441 13 november 2014...
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THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
Case No. IT-09-92-T IN THE TRIAL CHAMBER Before: Judge Alphons Orie, Presiding
Judge Bakone Justice Moloto Judge Christoph Flügge
Registrar: Mr. John Hocking Date Filed: 13 November 2014
THE PROSECUTOR
v.
RATKO MLADIĆ
PUBLIC WITH PUBLIC ANNEX A and PUBLIC ANNEX B
DEFENCE MOTION PURSUANT TO RULE 92TER TO ADMIT THE WRITTEN TESTIMONY OF SVETOZAR ANDRIĆ
___________________________________________________________________________ The Office of the Prosecutor: Mr. Peter McCloskey Ms. Camille Bibles Counsel for the Accused: Mr. Branko Lukić Mr. Miodrag Stojanović
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IT-09-92-T 13 November 2014 1
THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
PROSECUTOR
v.
RATKO MLADIĆ
PUBLIC WITH PUBLIC ANNEX A and PUBLIC ANNEX B
DEFENCE MOTION PURSUANT TO RULE 92TER TO ADMIT THE WRITTEN TESTIMONY OF SVETOZAR ANDRIĆ
___________________________________________________________________________
The Accused, RATKO MLADIĆ, by and through his counsel of record, hereby files the
instant Motion pursuant to Rule 92ter of the Rules of Procedure and Evidence, and in support
thereof states as follows:
I. Introduction
1. Pursuant to the Guidance previously expressed by the Trial Chamber, motions
offering written statements under Rule 92ter of the Rules of Procedure and Evidence are to
be filed at least 30 days before the anticipated testimony of a given witness. Witness
SVETOZAR ANDRIĆ is currently scheduled to testify approximately within 30 days, and
thus the Defence hereby files the instant motion in compliance with the Chamber’s guidance,
and applying for the evidence of this witness to be heard pursuant to Rule 92ter. This Motion
is filed publicly, as the witness does not require protective measures.
2. Herein this application is made to tender one written witness statement of the
witness, with 16 associated exhibits. At this time the Defence estimates that the evidence-in-
chief of this witness will last up to 30 minutes.
3. The Defence does not otherwise seek to deviate from the Chamber’s
Guidelines in tendering this witness’ evidence.
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II. Applicable Law
4. Under Rule 92ter of the Rules of Procedure and Evidence (hereinafter
“Rules”) a Trial Chamber is permitted to admit the evidence in whole or in part in the form of
a witness statement of transcript or proceedings before the Tribunal, under the following
conditions: i) the witness is present in court; ii) the witness is available for cross-examination
and any questioning by the Judges; and iii) the witness attests that the written statement or
transcript accurately reflects the witness’s declaration and what the witness would say if
examined.1
5. A party calling a witness pursuant to Rule 92ter may seek to admit into
evidence documents that have been discussed by the witness in his or her witness statement
of previous testimony.2
III. Arguments and Submissions
a. The Chamber Should Admit the Witness Statement
6. The Defence seeks leave of the Chamber to call Svetozar Andrić as a witness
pursuant to Rule 92ter. The Defence submits that the proffered statement (attached hereto as
Annex A) meet the requirements of Rule 92ter, and thus should be admitted under that Rule.
7. Witness Andrić’s statement is relevant, reliable and probative, as set forth in
greater detail herein below. A copy of said statement is attached as Public Annex A.
8. The witness will be present at trial, and thus will be able to attest to the
evidence and will be available to be cross-examined by the Prosecution. Thus the
requirements of Rule 92ter will be fulfilled, and fairness to the Prosecution will be observed.
9. Witness Svetozar Andrić was born on 12 September 1954 in Zelina village,
Kalesija municipality, Bosnia and Herzegovina.3 Witness Andrić completed school at the
1 Rule 92ter of the Rules of Procedure and Evidence. 2 Prosecutor v. Karadzic, Case No. IT-95-5/18-T, “Decision on Prosecution’s Submission regarding Additional Transcript Pages from Momcilo Mandic’s Stanisic and Zupljanin Testimony for Admission into Evidence.” 8 September 2010, para. 5
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Military Academy and the National Defence School, earning the rank of General.4 Andrić
held the positions of Platoon Commander, Company Commander, Battalion Commander,
Brigade Commander, Chief of Staff of the Drina Crops and Commander of the 5th Corps of
the VRS.5 In 1991, he was the Military Police Battalion Commander.6 Witness Andrić joined
the VRS on 19 May 1992, when he took the position of Commander of the Birać Brigade in
Šekovići.7 He remained in this position until 6 August 1995 when he became Chief of Staff
of the Drina Corps, a position he held until March 1996.8 From March 1996 to July 1997,
witness Andrić was the Chief of Staff of the 3rd Crops, and from July 1997 onwards, he was
the Chief of Staff of the 5th Corps.9 From 1999 to 2001, Andrić was appointed Commander of
the 5th Corps.10 He retired in 2002 with the rank of Lieutenant General.11
10. The Defence submits that due to the nature of the Witness’s testimony 30
minutes will be necessary in order to conduct a limited and focused direct examination of the
witness to clarify, expand on, and contextualize aspects of his evidence directly relevant to
the defence case.
11. Witness Andrić’s testimony is relevant to the Defence in that it will, among
other things, establish the following:
a. The formation, organisation, deployment and zones of responsibility of the
Birać Brigade in May 1992,12 and later its transformation into several other
Brigades in late 1992/early 1993.13
b. The formation of the Drina Crops on 1 November 1991.14
c. Information about the document 65 ter 21902, the ‘Order to defend the
Command of the Birać Brigade’.15
3 Statement, para. 1. 4 Ibid. 5 Ibid. 6 Ibid. 7 Ibid. 8 Ibid. 9 Ibid. 10 Ibid. 11 Ibid. 12 Statement, para. 2. 13 Ibid. 14 Ibid. 15 Ibid.
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d. The activities and actions of the Zvornik TO Staff in May 1992,
particularly their engagement of the 6th Infantry Battalion, a LAD PVO (an
anti aircraft defence light artillery) and a tank company.16
e. The relationship between the Birać Brigade and the Zvornik TO Staff in
1992.17
f. Details witness Andrić’s order to move out local Muslim residents, who
wished to leave, including the reasons for the order and the manner in
which it was to be carried out.18
g. Only Muslim women and children were ordered to be moved out, with
Muslim men fit for military service to be left in camps in order to be
exchanged.19
h. A large number of the Muslim men fought in civilian clothes making it
difficult to establish who among the men left in camps had been active
participants in armed conflicts or committed crimes against civilians.20
i. TO Staffs were disbanded as military commands no earlier than 6 June
1992 and only after that did the Birać Brigade start to take over command
of the units in the municipalities in the zone of responsibility.21
j. Details of witness Andrić’s order that a camp be established in Vlasenica
in accordance with international rules and prohibiting ill-treatment or
liquidation of prisoners.22
k. Details of the security arrangements and guards service of the Sušica
prisoner of war camp.23
l. Details of the order of 7 June 1992 issued by the Commander of the
Eastern Bosnia Corps that the Geneva Conventions be respected regarding
prisoners of war and forbidding any kind of ill-treatment of civilians.24
m. The attack by Muslims from Srebrenica on 24 September 1992 on the
village of Podravanje, killing 33 villagers, wounding 16, and resulting in
42 missing persons.25
16 Statement, para. 3. 17 Ibid. 18 Statement, para. 4-5. 19 Statement, para. 5. 20 Ibid. 21 Statement, para. 6. 22 Statement, para. 7. 23 Ibid.. 24 Ibid.
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n. The issues surrounding the protection of prisoners of war in Sušica
prisoner of war camp.26
o. Armed conflict with the forces of the Ceran and Kamenica detachments of
Muslim OG-8 in the villages of Gobelji, Gajić Brdo and Paljevina and in
the Kamenica sector resulting the in the destruction of Goberlji village.27
p. The organisation and structure of the Drina Corps.28
q. Combat actions carried out by the Birač Brigade along the axis of
Podravanje – Alibegovac village – Petrović – Jeremići – Vagan at the time
of operations around Srebrenica.29
r. The failure of Muslim forces to comply with the four month truce signed
in December 1994 by additionally arming themselves and launching an
offensive on Majevica, Ozren and Vlašić.30
s. An attack along the Tuzla – Zvornik axis on the village of Zelina in June
1995 by Muslim forces, killing 22 and wounding 136 VRS soldiers as well
as burning a Serbian village of 150 houses.31
t. The burning and looting of 150 Serbian villages, and killing of
approximately 2000 civilians by Muslims soldiers in 1992 and early
1993.32
u. The accord on demilitarization and the agreement reached between
General Mladić and General Halilović on 8 May 1993 strictly forbidding
any kind of military operation in Srebrenica and Žepa and disregard of that
accord by Muslim forces.33
v. The organisation of Muslim forces in Srebrenica.34
w. An urgent order for combat activities issued by the Drina Corps
Commander on 2 July 1995 in response to offensive activities against the
Drina Corps area of responsibility.35
25 Statement, para. 7. 26 Ibid. 27 Statement, para. 8. 28 Statement, para. 9. 29 Statement, para. 10. 30 Statement, para. 11. 31 Statement, para. 12. 32 Statement, para. 13. 33 Statement, para. 14. 34 Statement, para. 15. 35 Statement, para. 16.
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x. The chronology of actions carried out by witness Andrić’s unit against
Srebrenica and Žepa.36
y. A series of offensives by the Drina Corps unit on 9 and 10 July 1995 to
secure villages along the axis of Vagan – Petrovići village – Jeremići
village which had been burnt by Muslim forces.37
z. A meeting held at the Bratunac Brigade Command on 11 July 1995,
attended by General Mladić, of which the only decision made was to
continue operations towards Žepa.38
aa. An order by General Mladić on 12 July 1995 that the units go towards
Žepa.39
bb. Various defensive actions by VRS soldiers along the axis of Stobarani –
Godani – Borovac – Ljubomišje village, the Brezova Ravan and Gusina
features, the axis of Žepa – Stop – Vrelo – Čavić village, the features of
Smreka and Gornje, and the axis of Zlovrh – Kragiovac – Mehovac – Crni
Potok from mid to late July 1995.40
cc. The situation of prisoners of war under the protection of VRS forces on 12,
13, 14 and 15 July.41
dd. General Mladić’s public denial of the allegations of the Hague Tribunal
indictment in November 1995 and President Karadzić’s request that the
military authorities carry out an investigation regarding the accusations
against he and General Mladić.42
ee. The unobstructed investigation by Hague Tribunal investigators in the
zone of the Drina Corps.43
ff. The killing of thousands of Serbian civilians by the Muslim forces of
Srebrenica in the period up to July 1995, including pregnant women,
children and the elderly.44
36 Statement, para. 17. 37 Statement, para. 18. 38 Statement, para. 19. 39 Statement, para. 20. 40 Statement, para. 21-24. 41 Statement, para. 25. 42 Statement, para. 28. 43 Statement, para. 29. 44 Statement, para. 31.
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gg. The relationship between President Karadzić and General Mladić by
August 1995, including an attempt by President Karadzić to discharge
General Mladić.45
b) The Chamber Should Admit the Associated Exhibits
12. Each associated exhibit is directly relevant to the case, and is inseparable and
indispensable to the witness’s statement, and can be contextualized and explained most
effectively through this witness. They constitute an essential component of the witness’
evidence, and also are of importance to the Defense case, and therefore it is submitted that it
is in the interests of justice that they be admitted.
13. There are a total of 16 associated exhibits to this witness statement, as set out
in the table that is attached at Public Annex B.
14. The associated exhibits will help assist the Chamber in understanding the
evidence of this witness, as the documents relate to:
a. The high number of prisoners of war in Vlasenica.46
b. An order by the General Ratko Mladić to the IBK Command on 17 June
1992 to set up a camp of war prisoners and relieve the Brigade from
guarding prisoners.47
c. An order by the witness to move the Muslim population from the zone of
responsibility of the Birać Brigade.48
d. Detailed description of the guards service which regulate the security at
the Sušica prisoner of war camp.49
e. An order by the witness for the Zvornik TO Staff to form certain units,
refrain from deploying certain units without his approval and move out
45 Statement, para. 32. 46 Statement, para. 7. 47 Statement, para. 5. 48 Statement, para. 4, 7. 49 Statement, para. 7.
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Muslim women and children while leaving men fit for service in camps for
exchange.50
f. An urgent order for combat activities issued by the Drina Corps
Commander on 2 July 1995 in response to offensive activities against the
Drina Corps area of responsibility.51
g. An order by Lieutenant General Milan Gvero to the Drina Corps on 14
July 1995 to engage all available manpower in security and defence
measures against Muslim groups crossing over to Muslim territories.52
h. A regular combat report addressed to the Drina Corps Command which
describes the fighting with the forces of the Ceran and Kamenica
detachments of Muslim Operations Group.53
i. The decision of local civil authorities to organize the moving out of
Muslim civilians as a result of crimes Muslim extremists carried out
against Serbs in the area.54
j. An order for combat activities by the Commander of the Birać Brigade on
7 June 1992 for one part of the 1st Krajina Corps to defend exiting
frontlines and another part of the 1st Krajina Corps to lead an attack
towards Modriča.55
k. The renaming and disbanding of all current TO Staffs and TO units no
earlier than 6 June 1992.56
l. An order by Commander Radovan Tačić to defend the Command of the
Birać Brigade against attacks from various organized groups on 15 May
1992.57
m. The request from the witness to Zvornik TO Staff to join the Birać Brigade
in coordinated action.58
n. An address by the witness, in his capacity as Brigade Commander.59
50 Statement, para. 3, 5. 51 Statement, para. 16. 52 Statement, para. 21. 53 Statement, para. 8. 54 Statement, para. 4. 55 Document EXH P03738. 56 Statement, para. 6. 57 Statement, para. 2. 58 Statement, para. 3, 5. 59 Document 65ter 1D04790
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o. The handover of the duty of the Commander of the Birać Brigade by the
witness to Ljubomir Vlačić.60
IV. CONCLUSION
WHEREFORE, for the foregoing arguments, the Defence respectfully requests that the
Chamber issue an order:
a. Granting the Defence leave to call Svetozar Andrić as a witness pursuant to Rule
92ter.
b. Granting the Defence leave to admit the proffered statement (attached hereto as
Annex A) under Rule 92ter
c. Granting the Defense leave to admit the list of associated exhibits, (attached
hereto as Annex B) under Rule 92ter.
Word Count: 2,476
RESPECTFULLY SUBMITTED BY:
Branko Lukić Miodrag Stojanović Lead Counsel for Ratko Mladić Co-Counsel for Ratko Mladić
60 Statement, para. 26.
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THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
Case No. IT-09-92-T
THE PROSECUTOR
v.
RATKO MLADIĆ
PUBLIC
ANNEX A
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THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
Case No. IT-09-92-T
THE PROSECUTOR
v.
RATKO MLADIĆ
PUBLIC
ANNEX B
84443IT-09-92-T
ANDRIĆ Svetozar Witness Statement to be admited pursuant Rule 92ter
Statement
Date
65ter Number
Closed Session / Under seal
Witness Statement of ANDRIĆ Svetozar
16 July 2013
1D04788
/
Associated Exhibits wich the Defence seeks to tender pursuant to Rule 92ter
Description
Paragraph Number
65ter Number
Doc ID
(BCS/ENG) Signed Witness Statement of ANDRIC Svetozar (Karadzic Case)
/ RM 65ter 1D04788 (Karadzic EXH D03886)
1D15-8728 1D15-8739
ORDER FOR ACTIVE b/d, Operations No. 1 (KRIVAJA -95), Nr 04/156-2, Major General Milenko ZIVANOVIC, Commander of the DK, 02 Jul 95
16
RM EXH D00302
(Karadzic EXH P04481)
0430-3376 0357-2390
Commander of the Birac Brigade ANDRIC, Svetozar strictly confidential request no. 26 to the command of the East Bosnia Corps concerning the resolution of the issue of prisoner camps
7
RM EXH P00186
(Karadzic EXH P03221)
0433-7554
0433-7554-ET
VRS Main Staff order (signed by Ratko MLADIC) strictly confidential no. 02/5-33 to the Eastern Bosnia Corps Command raising level of combat readiness in the Birac Brigade, referencing importance of corridor to maintain link with Serbia, and creation of prison camp under Corps command
7
RM EXH P00189 (Karadzic EXH P03238)
0366-0023 0366-0023-ET
Order dated 31 May 1992 from Svetozar ANDRIC, commander of the 1st Birac Infantry Brigade ordering the setting up of a camp in Vlasenica and forbidding any arbitrary liquidation of prisoners
4 7
RM 65ter EXH P00190 (Karadzic EXH P03240)
0427-6217 0427-6217-ET
VRS assessment report on security at Susica camp
7 RM EXH P00193 (Karadzic EXH P03245)
0339-4043 0339-4043-ET
Bira Brigade Command Order to the Zvornik TO Staff carry out formation of units, signed by Svetozar ANDRIC, dated 28 May 1992
3 5
RM 65ter EXH P00466 (Karadzic EXH P03055)
0427-6215
0427-6215-ET Order for active b/d, Operations No. 1 (KRIVAJA -95), Nr 04/156-2, Major General Milenko ZIVANOVIC, Commander of the DK, 02 Jul 95. Two versions uploaded: a clean version of VRS Drina Corps and version of Bratunac Brigade with hand-written notations.
16
RM EXH P01465 (Karadzic EXH P04481)
0084-7289 0088-3593
Army of Republika Srpska Main Staff Order 03/4-1629, to the Drina Corps
21 RM EXH P02119 (Karadzic EXH P04532)
0293-5564 0308-4819
Regular Combat Report No. 4-397/93 from the Command of the 1st Bira Brigade Light Infantry Brigade to the Drina Corps Command signed Svotzar ANDRIC, dated 2 March 1993
8
RM EXH P02193
(Karadzic EXH P03162)
0453-9753
0453-9753-ET
Javnost article referring to the decision of the SAO Birac made on 30 May 1992 for the moving out of the Muslim population within 7 days
4
RM 65ter EXH P03737 (Karadzic EXH P06030)
0466-8261
0466-8261-ET
Eastern Bosnia Corps Command order no. 11/2-529 for combat operations to be executed on 8
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June 1992 by Zvornik Brigade, Birac Brigade, and others to, among other things, mop up/cleanse Drina River valley
7 RM EXH P03738 (Karadzic EXH P05400)
0438-1864 0438-1864-ET
East Bosnia Corps Command order (by Commander Colonel Dragutin ILIC) for the transformation of TO Staffs and TO units into commands and units of Army of Serbian Republic of BiH, including Zvornik (Zvornik Brigade) , Bijeljina (2nd Semberija Brigade) , Brcko (Brcko Brigade), Vlasenica and Bratunac (Birac Brigade)
6
RM EXH P03739 (Karadzic EXH D01457)
0438-1861 0438-1861-ET
Command of the Birac brigade order on the organisation of defence No.1 issued by Radovan TADIC. It detailed units and their tasks in the area of SAO Birac
2
RM EXH P04092
(Karadzic 65ter 21902)
0452-6964
0452-6964-ET
VRS, Command of the Birac Brigade - Information signed by Svetozar ANDRIC
3 5
RM 65ter 1D04789 (Karadzic 65ter 1D10110)
1D15-8752 1D15-8753
SURROGATE SHEET - Video clip - Svetozat ANDRIC's speech
7
RM 65ter 1D04790 (Karadzic 65ter 1D09090)
1D15-8754 1D15-8755 1D15-8757
1st Birac Infantry Brigade (VP 7115) Order no. 01/325 re. Change of Command; signed by Col ANDRIC Svetozar, Lt Col VLACIC Ljubomir and Maj Gen MLADIC Ratko
26
RM 65ter 04702
(Karadzic 65ter 02604)
0216-3053 0303-2044
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