THE HAGUE, Nov 20 (Hina) - Almost two years after the defence asked that new evidence be introduced in the appeals proceedings in the "Blaskic" case, the defence and prosecution will on Thursday address the Appeals Chamber of the UN
war crimes tribunal in The Hague and try to prove whether the new evidence, presented by General Tihomir Blaskic's defence, justified a new trial for some or all counts of the indictment.
THE HAGUE, Nov 20 (Hina) - Almost two years after the defence asked
that new evidence be introduced in the appeals proceedings in the
"Blaskic" case, the defence and prosecution will on Thursday
address the Appeals Chamber of the UN war crimes tribunal in The
Hague and try to prove whether the new evidence, presented by
General Tihomir Blaskic's defence, justified a new trial for some
or all counts of the indictment. #L#
At the session, which should start at 2.30 and last until 7 pm, each
side will be given around two hours to present its arguments in two
rounds.
Explaining its decision to schedule the session, the Appeals
Chamber stated that it would be more adequate for the court of first
instance to re-examine the new evidence since the five Appeals
Chamber judges were not ready to pass a verdict of not guilty
without examining the entire case.
The International Criminal Tribunal for the former Yugoslavia
(ICTY) on March 3, 2000 declared the former commander of the Central
Bosnia Operative Zone guilty and sentenced him to 45 years in prison
for war crimes committed in the Lasva valley between mid-1992 and
1994, the gravest one being the massacre of around 100 Muslims in
the village Ahmici in April 1993.
Blaskic's defence asked for the introduction of new evidence in
three turns in 2001 and 2002, claiming that it met the criterion of
extenuating or liberating evidence. The evidence had not been
available to the defence during the trial.
The Appeals Chamber selected 44 pieces of evidence which it judged
met the criteria of Regulation 115 of the Rules of Procedure and
Evidence in that they had not been available during the trial and
were relevant, authentic and could prove that Blaskic's verdict was
unfounded. It also selected another five pieces of evidence which
it stated were in the interest of justice, regardless of their
availability.
Acting in line with Article 117 of the Rules of Procedure and
Evidence, the Appeals Chamber will set the date for the new trial.
Blaskic's attorney Anto Nobilo said the new evidence came from
three sources - the archives of the Croat Defence Council, which the
Croatian Intelligence Service (HIS) had been withholding from the
defence until the change of authorities in Croatia, the Croatian
President's Office, and the ICTY Prosecution, which found evidence
in the Bosnian army archives.
Blaskic's defence have asked that their client be acquitted because
they believe that the new evidence, which was withheld both by the
former Croatian authorities and the ICTY prosecution, proves
Blaskic's innocence. The documents include intelligence reports
compiled by former HIS head Miroslav Tudjman for his father, the
late Croatian President Franjo Tudjman, regarding developments in
Central Bosnia, which the defence claims prove that Dario Kordic,
Ignac Kostroman, Ante Sliskovic, Pasko Ljubicic and Vlado Cosic
planned and ordered the massacre in Ahmici, which was committed by
the 4th battalion of the Bosnian Croat military police.
Kordic's attorney Mitko Naumovski told Hina that the new evidence
had already been presented at Kordic's trial, which started after
Blaskic's trial and lasted a year longer.
Nobilo said the decision of the Appeals Chamber on the new evidence
was a "dramatic change", but he would not speculate about the
possible outcome.
Blaskic has been in prison since April 1, 1996.
(hina) rml