IT-09-92-T 84478 D84478 - D84441 13 November 2014...

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

84478IT-09-92-TD84478 - D8444113 November 2014 DV

IT-09-92-T 13 November 2014 1


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.

84477IT-09-92-T

IT-09-92-T 13 November 2014 2

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

84476IT-09-92-T

IT-09-92-T 13 November 2014 3

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.

84475IT-09-92-T

IT-09-92-T 13 November 2014 4

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.

84474IT-09-92-T

IT-09-92-T 13 November 2014 5

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.

84473IT-09-92-T

IT-09-92-T 13 November 2014 6

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.

84472IT-09-92-T

IT-09-92-T 13 November 2014 7

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.

84471IT-09-92-T

IT-09-92-T 13 November 2014 8

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

84470IT-09-92-T

IT-09-92-T 13 November 2014 9

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.

84469IT-09-92-T

IT-09-92-T 13 November 2014 10


Case No. IT-09-92-T

THE PROSECUTOR

v.

RATKO MLADIĆ

PUBLIC

ANNEX A

84468IT-09-92-T

84467IT-09-92-T

84466IT-09-92-T

84465IT-09-92-T

84464IT-09-92-T

84463IT-09-92-T

84462IT-09-92-T

84461IT-09-92-T

84460IT-09-92-T

84459IT-09-92-T

84458IT-09-92-T

84457IT-09-92-T

84456IT-09-92-T

84455IT-09-92-T

84454IT-09-92-T

84453IT-09-92-T

84452IT-09-92-T

84451IT-09-92-T

84450IT-09-92-T

84449IT-09-92-T

84448IT-09-92-T

84447IT-09-92-T

84446IT-09-92-T

84445IT-09-92-T

84444IT-09-92-T

IT-09-92-T 13 November 2014 11


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


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


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


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


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


0466-8261

0466-8261-ET

Eastern Bosnia Corps Command order no. 11/2-529 for combat operations to be executed on 8

84442IT-09-92-T

June 1992 by Zvornik Brigade, Birac Brigade, and others to, among other things, mop up/cleanse Drina River valley


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

84441IT-09-92-T

IT-09-92-T 84478 D84478 - D84441 13 November 2014...

Documents

Transcript of IT-09-92-T 84478 D84478 - D84441 13 November 2014...