ICTY Games

The evidence for the innocence of Generals Ante Gotovina and Mladen Markac was always there – ICTY Prosecution and Trial Chamber decided to play legal games instead of delivering justice

Eyes of the Mind

On Tuesday, the ICTY Appeals Chamber dismissed a motion for the admission of additional evidence in the continuing saga of the Gotovina et al. trial.  What you won’t read in the news reports is that the Appeals Chamber agreed that the additional evidence in question was both credible and relevant.  The basis for its dismissal was the judges’ conclusion that, even if it had been included in the original trial, the new evidence would not have “affected the Trial Chamber’s verdict”.

For once, I agree.  The blatant selectivity of the Trial Chamber’s verdict was such that it is highly doubtful that this additional evidence would have made any difference.  The evidence supporting the innocence of Generals Gotovina and Markac was overwhelming, while the evidence alleging their guilt was paltry, tenuous, and conjectural.  I am forced to conclude that if the judges of the Trial Chamber were party to such…

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Comments

  1. Yes, I’m sure that’s it.

    Anyway, I thought you might like to know that the Gotovina/Knin case was also in the General Court of the Court of Justice of the European Union yesterday. A man called Jurasinovic sued the Council for access to certain documents it exchanged with the Yugoslavia tribunal. He mostly lost, but not completely:

    http://curia.europa.eu/jcms/jcms/Jo1_6581/?dateDebut=3%2F10%2F2012&dateFin=3%2F10%2F2012&typeA=A&numAffaire=&langueProc=&nomPartie=&juridictionT=T&opSearch=recherche

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  2. Michael Silovic says:

    Misha I agree with you 100% ! There is seriously something wrong when the truth is ignored. Everyone should have the right to provide documentation to prove their innocence. It is clear that the generals are not subjected to be allowed to enter the truth to prove their innocence. We all know that they are nothing more then political hostages that are being held in the Hague. If the generals are not freed you will see a backlash against many in the EU for not standing up to the the Hague. This is not just about the generals alone but the integrity of our country and it’s people and an indictment against all of those who fought and died for our freedoms. We all must stand up and make our voices heard for the unjust and unfair treatment not only of our generals but for all of Croatia.
    Za Dom Spremni!

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  3. Seems that every time the defence tries to present any argument or important information they get knocked back, e.g the panel of 12 experts submission re the 400 metre rule was rejected. I truly wonder if there is any hope at all that the defence will be able to present their case fairly as it is highly contentious that they have had a fair trial up until this point.

    Odds are very slim that the generals will be found innocent and I think that is due to political reasons more than anything else. But the ICTY must know by now that everyone can see that their case is leaking like a sieve. So I’ll bet that in order to a) save face, b) try not put the Serbs too much offside and c) give the Croats enough for them not to protest too much, part of the initial conviction will be overturned (probably the JCE) but some will be upheld (probably deportation part) so that the generals will be let off with time served. That way in the eyes of the ICTY ‘everyone is happy’. But in reality all charges should be dropped! That’s the only fair and just outcome.

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