Mike Corder

Judge delays Mladic trial due to evidence errors

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Judge delays Mladic trial due to evidence errorsIn this video image taken from ICTY video former Bosnian Serb military commander Gen. Ratko Mladic is seen on the second day of his trial at the Yugoslav war crimes tribunal in The Hague, Netherlands Thursday May 17, 2012. Prosecutors on Thursday were to outline their evidence of the alleged involvement of former Bosnian Serb military chief Gen. Ratko Mladic in Europe's worst mass murder since World War II, the 1995 Srebrenica massacre but the presiding judge in the trial suspended the case indefinitely due to disclosure errors by prosecutors. (AP Photo/ICTY video, Pool) EDITORIAL USE ONLY(Credit: AP)

THE HAGUE, Netherlands (AP) — An apparent clerical error prompted judges to postpone the long-awaited war crimes trial of former Bosnian Serb military leader Ratko Mladic on Thursday, possibly for months.

The delay cast a shadow over one of the court’s biggest cases — and over the reputation of the court itself, where most prominent trials have proceeded at a snail’s pace, frustrating many victims.

It also highlighted problems faced by international tribunals in prosecuting sweeping indictments covering allegations of atrocities spanning years in countries far from the courts where defendants face justice.

“It is fraught with delay because of the volume of documentation and scope of alleged crimes,” Richard Dicker, the director of Human Rights Watch’s international justice program, said in a telephone interview Thursday. “Add to that the need to translate and it really takes it to a whole new level of complexity that you don’t see in domestic trials.”

Presiding judge Alphons Orie said he was delaying the Yugoslav war crimes tribunal case due to “significant disclosure errors” by prosecutors, who are obliged to share all evidence with Mladic’s lawyers.

Orie said judges will analyze the “scope and full impact” of the problem and aim to set a new starting date as soon as possible. The presentation of evidence was supposed to begin later this month.

Prosecutors had already acknowledged the errors and did not object to the delay. Mladic’s attorney has asked for six months to study the materials.

Mladic is accused of commanding Bosnian Serb troops who waged a campaign of killings and persecution to drive Muslims and Croats out of territory they considered part of Serbia during Bosnia’s 1992-95 war.

His troops rained shells and snipers’ bullets down on civilians in the 44-month siege of the Bosnian capital, Sarajevo. They also executed thousands of Muslim men and boys in Srebrenica, the site of Europe’s worst massacre since World War II. The war itself left over 100,000 dead.

Mladic has refused to enter pleas to the charges but denies wrongdoing. If convicted, he faces a maximum sentence of life imprisonment.

Court spokeswoman Nerma Jelacic told The Associated Press that much of the material the defense did not get was about witnesses prosecutors had intended to call to testify before the court’s summer break. Prosecutors acknowledged the error “could impact on the fairness of the trial,” she said.

The tribunal published a letter from prosecutors to Mladic’s lawyer that said the missing documents were not uploaded onto an electronic database accessible to defense lawyers. “We sincerely apologize for the inconvenience,” it read.

Hatidza Mehmedovic, whose husband and two sons were slain by Serb forces during the Srebrenica massacre, said she hoped the delay would not be too long.

“We are worried he won’t live to see justice,” Mehmedovic said in the tribunal’s lobby as she prepared to make the long trek back to Srebrenica.

Her fears are not without reason. Mladic, now 70, suffered three strokes during his 15 years as a fugitive, his lawyer says.

In another case that suffered repeated delays, former Yugoslav President Slobodan Milosevic died of a heart attack in 2006 before judges could deliver a verdict in his trial, which dragged on for four years. Milosevic was accused of orchestrating deadly conflicts across the Balkans in the 1990s.

The delays in Milosevic’s trial were largely caused by his ill health and his lengthy political grandstanding while acting as his own defense lawyer.

“The script we have seen used for Milosevic’s trial is now repeating,” said Enisa Salcinovic, who said she was attacked by Serb soldiers under Mladic’s command. “First, they did not want to capture him while he was healthy enough to stand a trial and now when he is sick they will let the trial drag on just as they did with Milosevic.”

Suspects like Milosevic and his Bosnian Serb counterpart Radovan Karadzic — whose trial is at its half-way stage after starting in October 2009 — “seek to use the criminal process as a platform to expound their views and rewrite history in a way that is favorable to them,” said Dicker.

The Yugoslav court is not the only war crimes tribunal to suffer. Cases at the International Criminal Court and the trial of former Liberian President Charles Taylor also have been hit by lengthy delays.

The U.N. Security Council set up the Yugoslav tribunal with war still raging in Bosnia in an attempt to hold the perpetrators of massive crimes in the conflict criminally responsible.

The move was quickly followed by a similar court dealing with the genocide in Rwanda as activists pinned their hopes on international justice not only to deter crimes but also to promote reconciliation in countries torn apart by conflict. Temporary tribunals also have since been set up to deal with crimes in Sierra Leone, Lebanon, East Timor and Cambodia, followed in 2002 by the International Criminal Court, the first permanent war crimes tribunal.

Earlier Thursday, prosecutors wrapped up their opening statement in Mladic’s genocide trial by recounting in chilling detail his forces’ systematic slayings in Srebrenica in July 1995.

Mladic’s army “carried out their murderous orders with … dedication and military efficiency,” prosecutor Peter McCloskey said.

Mladic showed no emotion as McCloskey showed video footage of what he said were the bodies of executed Muslim men piled in front of a bullet-riddled wall.

McCloskey described how Mladic’s forces summoned buses and trucks from across Bosnia to transport women and girls out of the Srebrenica enclave. The Muslim men and boys were then driven to remote locations and gunned down by firing squads, their bodies plowed into mass graves.

The remains — sometimes no more than a couple of bones — of 5,977 victims have been exhumed so far, McCloskey said. Estimates of the dead run to 8,000.

He showed photographs of an exposed mass grave to underscore the point that the victims were not war casualties. One photo showed a skull, its teeth exposed and its eyes covered by a blindfold. Another showed a pair of hands bound with a strip of cloth behind a body’s back.

In a video, Mladic was seen strutting through the deserted streets of Srebrenica and berating the commander of Dutch U.N. peacekeepers.

It was all too much for Mehmedovic, who wept in the court’s lobby.

“I buried both of my sons and my husband. Now I live alone with memories of my children,” she said. “I would never wish even Mladic to go through what I go through. Not Mladic or Karadzic. Let God judge them.”

In Mladic’s former wartime stronghold of Pale, Bosnian Serbs who regard him as a hero clapped each time he appeared on TV screens in cafes.

“I’m sorry to see our general being treated like this,” said Bosnian Serb Milan Tadic. “We should all be ashamed of allowing this to be happening to him. He only defended the Serbs. He will always have support in Pale.”

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Sabina Niksic and Eldar Emric in Sarajevo contributed.

Ratko Mladic’s genocide trial gets under way

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Ratko Mladic's genocide trial gets under wayFormer Bosnian Serb military commander Gen. Ratko Mladic, right, and a UN security guard, left, are seen at the start of his trial at the Yugoslav war crimes tribunal in The Hague, Netherlands, Wednesday May 16, 2012. Twenty years after the opening shots of the Bosnian War, Mladic has gone on trial on charges of genocide, crimes against humanity and war crimes, his appearance at the UN tribunal marks the end of a long wait for justice to survivors of the 1992-95 war that left some 100,000 people dead. (AP Photo/Toussaint Kluiters, Pool)(Credit: AP)

THE HAGUE, Netherlands (AP) — Twenty years after the opening shots of the Bosnian War, former Bosnian Serb military commander Gen. Ratko Mladic went on trial Wednesday at a U.N. tribunal on 11 charges of genocide, crimes against humanity and war crimes.

The ailing 70-year-old Mladic’s appearance at the Yugoslav war crimes tribunal marks the end of a long wait for justice to survivors of the 1992-95 war that left some 100,000 people dead. The trial is also a landmark for the U.N. court and international justice — Mladic is the last suspect from the Bosnian war to go on trial here.

Mladic, wearing a suit and tie, gave a thumbs-up and clapped to supporters in the court’s public gallery as the trial got under way Wednesday. He occasionally wrote notes and showed no emotion as prosecutors began outlining his alleged crimes.

Munira Subasic, who lost 22 family members in the 1995 Srebrenica massacre, was among a group of relatives of war dead heading into the courtroom to face Mladic.

The 65-year-old said she wanted to look him in the eye “and ask him if he will repent for what he did.”

Presiding Judge Alphons Orie of the Netherlands said at the outset that the court was considering postponing the presentation of evidence, due to start May 29, due to “errors” by prosecutors in disclosing evidence to the defense. Prosecutor Dermot Groome said he would not oppose a “reasonable adjournment.”

Groome began his opening statement by focusing on the plight of a 14-year-old boy whose father and uncle were among 150 men murdered by Bosnian Serb forces in November 1992.

He said Mladic’s forces continued such killings through to 1995, when they massacred some 8,000 Muslim men in the Srebrenica enclave, the worst mass murder in Europe since World War II.

“By the time Mladic and his troops murdered thousands in Srebrenica … they were well-rehearsed in the craft of murder,” Groome told the court.

He then showed judges video of the aftermath of a notorious shelling of a market in Markale, in the Bosnian capital Sarajevo, that killed dozens of people.

He said all the attacks were part of an “overarching” plan to ethnically cleanse parts of Bosnia of non-Serbs.

Prosecutors will show evidence “beyond reasonable doubt the hand of Mr. Mladic in each of these crimes,” Groome said.

Mladic has refused to enter pleas, but he denies wrongdoing, saying he acted to defend Serbs in Bosnia. If he is convicted, he faces a maximum sentence of life imprisonment.

He suffered a stroke while in hiding and has had other health problems since arriving in The Hague. He now looks little like the burly, swaggering general who marshaled his troops as the world watched during the Bosnian war.

His trial opened as the case against his former political master, Radovan Karadzic, has reached its halfway stage at the same court. Both men face virtually identical 11-count indictments alleging they masterminded the ethnic cleansing of Bosnia.

Karadzic and Mladic were indicted together 17 years ago, but their cases were split when Karadzic was captured in Serbia in 2008 and transferred to The Hague. It was another three years before Mladic was finally arrested in a village near Belgrade, ending 15 years as one of the world’s most-wanted fugitives.

Izudin Alic, a Muslim boy made famous in 1995 by images of Mladic patting his face and handing him chocolate, said he wants swift justice after waiting for so long. He planned to watch the opening of the trial on television.

“Just like everyone else, I want him to be tried and sentenced as fast as possible. I hope that the trial will not drag on,” he said as he visited his father’s grave in Potocari, near Srebrenica. “I want him to be sentenced as soon as possible.”

____

Sabina Niksic in Srebrenica contributed to this report.

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UN court rejects Mladic bid to replace judge

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THE HAGUE, Netherlands (AP) — The president of the Yugoslav war crimes tribunal on Tuesday rejected a bid by former Bosnian Serb military chief Ratko Mladic to replace the Dutch presiding judge in his trial and delay the start of the case.

Mladic’s long-awaited trial on 11 charges including genocide, crimes against humanity and war crimes is scheduled to begin Wednesday morning.

The 70-year-old former general argued that judge Alphons Orie is biased because of his Dutch nationality in charges linked to the 1995 Srebrenica massacre, in which Dutch U.N. peacekeepers have been accused of not doing enough to prevent the slaying by Serb forces of 8,000 Muslim men. They also cited the fact that he has presided over trials that convicted some of Mladic’s former subordinates.

Tribunal President, Judge Theodor Meron, rejected the appeal, saying in a written ruling he was “not satisfied that Mladic has demonstrated that a reasonable observer, properly informed, would reasonably apprehend bias.”

Mladic also filed a motion late Monday seeking a six-month delay in the start of his case, arguing that prosecution lawyers had not properly disclosed all evidence to his defense team.

“This filing is made urgently due to the impending trial start date and the injustice and undue prejudice that would result to our client, Mr. Mladic, arising out of the late disclosure of materials if forced to proceed to trial,” the motion said.

The court has not yet ruled on the motion.

Mladic faces 11 charges, including two counts of genocide, alleging that he orchestrated atrocities by Serb fighters throughout the 1992-95 Bosnian War.

He has refused to enter pleas but denies wrongdoing. He faces a maximum sentence of life imprisonment if convicted.

The frail former general was arrested last year in Serbia after 15 years as a fugitive. He is the last major player from the Bosnian conflict to go on trial at the U.N. court.

“Victims have waited nearly two decades to see Ratko Mladic in the dock,” said Param-Preet Singh, senior counsel in the International Justice Program at Human Rights Watch. “His trial should lay to rest the notion that those accused of atrocity crimes can run out the clock on justice.”

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Van Gogh museum unveils new willow watercolor

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Van Gogh museum unveils new willow watercolorThis photo released by the Van Gogh Museum in Amsterdam, Netherlands, on Thursday, May 10, 2012, shows an 1882 water color of a pollard willow by Vincent van Gogh from his early Dutch period. The Van Gogh Museum unveiled the painting Thursday, the first addition in five years to its world-famous collection of works by the post-impressionist. (AP Photo/Van Gogh Museum) EDITORIAL USE ONLY(Credit: AP)

wAMSTERDAM (AP) — A young Vincent van Gogh was so struck by a dead willow leaning “lonely and melancholy” over a pond near The Hague that he knew at once he had to paint it.

“I’m going to attack it tomorrow morning,” he wrote to his brother Theo on July 26, 1882.

The Van Gogh Museum unveiled the painting Thursday, the first addition in five years to its world-famous collection of works by the postimpressionist master.

At a time when the artist was still honing his skills in perspective, anatomy and proportion using pen and pencil sketches, the water color was a bolt from the blue, although its muted tones are still a far cry from the exuberant and colorful oil paintings that characterized Van Gogh’s later works.

“It’s a very elaborate, well done water color and that’s quite extraordinary in this period of Van Gogh’s oeuvre,” said Marije Vellekoop, the museum’s curator of prints and drawings. “Out of the blue, in the summer, in July, he makes a series of water colors … with a lot of detail, but also very painterly, fluent.”

The willow trunk droops over the water and a path wends its way to the horizon, where a windmill stands near a railroad depot.

Not unusually for a Dutch summer, gray clouds dominate the sky, but Van Gogh also captured the occasional splash of deep blue as the clouds broke. The sky was almost identical Thursday morning — low gray clouds scudding over the landmark Amsterdam museum — as director Axel Rueger revealed the painting to the media.

Rueger said the painting, bought at auction in London earlier this year for €1.5 million ($1.9 million), filled a gap in the museum’s collection of Van Gogh works.

“What’s so special is it is for the first time a rather substantial work that he executes in color,” Rueger told The Associated Press. “It comes from a very small group of works he makes at the time and we didn’t have anything like that in our collection.”

For now, it will hang at the Van Gogh Museum. Later this year it and dozens of other paintings will be shifted across the Amstel River to the Hermitage Amsterdam while the Van Gogh Museum closes for several months for renovations.

Van Gogh wrote enthusiastically to Theo a few days after completing the painting, and included a sketch. The letter, on faded brown paper, hangs next to the completed painting in the museum. In it, Van Gogh says he considers the willow the best of a series of water colors he painted that summer.

“I think he was very happy with the result and he was also confident that he could also work with color,” said Vellekoop.

(This version CORRECTS price.)

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Lawyer: Slain Indonesians’ kin want Dutch apology

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THE HAGUE, Netherlands (AP) — Ten relatives of Indonesian men allegedly killed by Dutch troops in their country’s bloody struggle for independence demanded compensation and an apology Monday from the Netherlands.

A lawyer for the Indonesians said their relatives were summarily executed by Dutch forces in a series of massacres in villages in South Sulawesi province in 1947.

Lawyer Liesbeth Zegveld said more than 3,000 Indonesians were killed in three months during a Dutch crackdown intended to “cleanse” the province of pro-independence insurgents and that it is time for the Dutch government to acknowledge its actions.

It is not the first time Zegveld has represented widows and children of alleged massacres in Indonesia. Last year, she won a landmark case that prompted the government to apologize and compensate a group of widows.

Zegveld cited a Dutch commission of inquiry that in 1954 concluded that Dutch authorities “adopted the way of extra-statutory trial and execution” to stamp out the rebellion.

The full report of the commission was not immediately available. However, Dutch media have reported on such killings before.

No Dutch troops have ever been prosecuted in any of the alleged massacres, Zegveld said.

The foreign ministry confirmed it had received Zegveld’s letter and said in a statement it was studying the claim.

In her letter, Zegveld alleges that one of the massacres took place in the village of Galung Lombok on Feb. 1, 1947. The letter claims that Dutch forces entered the village in the morning, ordered residents from their homes and then torched the houses before executing 364 people.

One of Zegveld’s clients, Asia Sitti, was the daughter of the village elder and witnessed the killings. Sitti was 12 years old when her father was shot in front of her, Zegveld claimed.

In another village, Bulukumba, Zegveld alleged that up to 250 men were executed in January 1947, some shot while fleeing through rice fields, others while standing in front of a pit dug by villagers.

“The people were shot from behind so they fell into the hole,” according to Zegveld’s letter. “Most of them were farmers or fishermen.”

Monday’s demand comes months after Zegveld successfully sued the Dutch state in a similar case — a massacre on Indonesia’s main island of Java, also during the independence war.

In that case, a court in The Hague ruled that Dutch forces were responsible for summarily executing up to 430 men in the village of Rawagedeh. After the judgment, Foreign Minister Uri Rosenthal formally apologized to the relatives and agreed to pay compensation to widows.

Rosenthal said last year that the apology “does justice to the gravity of what happened in Rawagedeh.”

Former Foreign Minister Ben Bot expressed deep regret for offenses by Dutch forces throughout Indonesia in 1947, but the government had never previously formally apologized to relatives in Rawagedeh.

Zegveld said that following the landmark Rawagedeh judgment, she now wants to sit down with Foreign Ministry officials to work out a plan for addressing similar cases.

“I see no reason to go to court. We can all predict what the court will say,” she told The Associated Press.

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Dutch judge clears way for ‘weed pass’

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THE HAGUE, Netherlands (AP) — A Dutch judge on Friday upheld the government’s plan to introduce a “weed pass” to prevent foreigners from buying marijuana in coffee shops in the Netherlands.

Amsterdam, whose scores of coffee shops are a major tourism drawcard, opposes the plan, and mayor Eberhard van der Laan says he wants to hammer out a compromise.

A lawyer for coffee shop owners said he would file an urgent appeal against the ruling by a judge at The Hague District court that clears the way for the introduction of the pass in southern provinces on May 1.

The pass will roll out in the rest of the country — including Amsterdam — next year. It will turn coffee shops into private clubs with membership open only to Dutch residents and limited to 2,000 per shop.

The changes are the most significant rollback in years to the traditional Dutch tolerance of marijuana use.

In a written ruling, the court agreed with government lawyer Eric Daalder that the fight against criminality linked to the drug trade justified the measure.

“This is a totally political judgment,” said Maurice Veldman, one of the team of lawyers who represented coffee shop owners in the case. “The judge completely fails to answer the principal question: Can you discriminate against foreigners when there is no public order issue at stake?”

Veldman said he would appeal, but added it was unlikely he could do so before the new policy comes into force May 1.

The government argues that the move is justified as a way of cracking down on so-called “drug tourists,” effectively couriers who drive over the border from neighboring Belgium and Germany to buy large amounts of marijuana and take it home to resell.

The tourists cause traffic and public order problems in towns and cities along the Dutch border.

However, such problems are virtually nonexistent in Amsterdam where the small, smoke-filled coffee shops are visited by thousands of tourists each year — mostly youngsters who consider smoking a joint to be part of the essential Amsterdam experience alongside visiting cultural highlights like the Van Gogh museum and the canals.

The conservative Dutch government introduced the new measures saying it wants to return shops back to what they were originally intended to be: small local stores selling to local people.

The government had no immediate reaction to Friday’s ruling.

Coffee shop owners in the southern city of Maastricht have said they plan to disregard the new measures, forcing the government to prosecute one of them in a test case.

Though the weed pass policy was designed to resolve traffic problems facing southern cities, later studies have predicted that the result of the system would be a return to street dealing and an increase in petty crime — which was the reason for the introduction of the tolerance policy in the 1970s in the first place.

The cities of Tilburg, Breda and Maastricht have now said they oppose the pass system, though Eindhoven plans to move ahead with it and the eastern city of Dordrecht wants to adopt it in anticipation of an influx of foreign buyers — even though it is not yet required to do so.

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