TADIĆ’S AND DODIK’S PLOT AGAINST BOSNIA AND HERZEGOVINA
Is the arresting of the former member of the Presidency of Bosnia and Herzegovina (1991-1996) Ejup Ganić on the Independence day of Bosnia and Herzegovina, 1 March 2010 in London, a new violation of international law and jurisdiction of ICTY (International Criminal Tribunal for the former Yugoslavia) by the Republic of Serbia? What is the strategy of Serbia when it comes to international legal institutions and which way is it going to pick to halt Bosnia and Herzegovina in proving the responsibility of Serbia for the crimes committed in BiH?
The IFIMES International Institute, has carried out extensive research and concluded that the incriminating dossier against Ejup Ganić has been composed in military-inquiry circles and in the General Staff of the Army of Yugoslavia in Belgrade and that it has been transferred to Republika Srpska in 2002 with the demand that Republika Srpska transmits the dossier against Ganić and other suspects for the alleged crime in Dobrovoljačka Street in Sarajevo on 3 May 1992 to the ICTY for evaluation, according to the rules of the Rome Agreement.
Criminal charges against Ganić and others were submitted on 17 May 1993 to the war prosecutor at the General Staff by Danko Simić, who was also the secretary of the team for collecting data about war crimes at the General Staff of the Army of Yugoslavia, while the investigation was initiated on 7 July 1994 with decision by the investigating magistrate Zdravko Petrović, also a major of AY (Army of Yugoslavia). After the military investigation court in Belgrade referred the complete dossier, which contained statements of several security officers and AY generals, from Milutin Kukanjac to Aleksandar Vasiljević, to the Military Prosecutor on 31 January 2002, the Serbian Government reached a decision to use Republika Srpska (RS) and to submit the dossier to ICTY through RS. The dossier was submitted to ICTY in the Hague in July 2002 by expedited procedure through the Secretariat for Cooperation of RS. The president of Serbia Boris Tadić and the Prime Minister of RS Milorad Dodik actively engaged themselves in the events of the Ganić case.
ICTY CLOSED THE GANIĆ AND OTHERS CASE
ICTY informed the Serbian officer for the connections with ICTY, Trivun Jovičić on 17 June 2003 through the letter signed by Carla Del Ponte that it does not possess enough evidence according to international standards for Ejup Ganić to be held responsible for the serious violation of international humanitarian law, concluding that Dobrovoljačka case is in fact an insinuation of Belgrade, and if there is an eventual responsibility, then it is the responsibility of general Kukanjac for the then ongoing arrest of the president of the Presidency of the Republic of Bosnia and Herzegovina Alija Izetbegović. The opinion of ICTY has been mediated in RS and according to the available information through RS also to Belgrade. The tender of international warrants by Serbia against Ganić and others is a question of abuse of the European Extradition Convention, signed by BiH, Serbia and the United Kingdom, and the bilateral agreement between Serbia and the United Kingdom, signed in 1901. The victim of the Belgrade regime law abuse is Ilija Jurišić, a citizen of BiH, who was arrested and sentenced during the mounted process to 12 years of prison for the Tuzlanska kolona case from May 1992.
A question that arises is also the one about the responsibility of the United Kingdom, namely why it has not respected the view and opinion of Interpol, which suspended the so-called Serbian red warrants in the beginning of July 2009 and audited the bilateral request of Serbia for the arrest of Ganić and others, but also the opinion of ICTY, bearing in mind the sensitivity of the whole case.
The United Kingdom will be the country that will analyze secret investigations and dossiers of the former AY this week, the army that took part in the most hideous crimes since WWII and its dossiers, that were submitted to ICTY for evaluation, by fraud of the RS.
The IFIMES International Institute considers that the competent authorities of the United Kingdom should respect the opinion of ICTY and Interpol and that they should immediately suspend the Serbian warrants of the Dobrovoljačka case and free Ejup Ganić.
In the background of all the events, Serbia is trying very hard to achieve that Ganić be transferred to Serbia and even that the British court be declared competent, just like in the Augusto Pinochet case, when he respected the request of Spain.
THE MYSTERIOUS ROLE OF GEOFFREY NICE
When it comes to lobbying, the question of Sir Geoffrey Nice’s (the former ICTY prosecutor and a British citizen) role arises, compared to many processes in the region. His activity is linked directly with secret services and with a counselling role in Serbia and his connection to the international non-governmental sector in Serbia. Sir Nice also tried the engagement in the Court and Prosecution of BiH, but failed to do so. It would be significant to check what this lawyer-counsellor knows about the Ganić case, bearing in mind that he carried out the case against Slobodan Milošević, when Milošević finally died because of the extended length of the trial in his prison cell.
The international counsellors of Serbia are intensively striving for the conflict with Croatia before the ICJ in the Hague to finish with an agreement and to avoid court proceedings, but in the meantime advise that Serbia submits a revision to the ICJ in the conflict between Serbia and BiH and that Serbia is trying to overthrow its judicial accountability from the 2007 court decision for not having prevented and nor punished genocide. In addition, the international counsellors, which became the national strategy of Serbia, advised it not to hand over Ratko Mladić, because they have estimated that there is a high possibility that after handing over Mladić Serbia would be endangered, since after court decisions against Karadžić-Mladić and new evidence BiH would have realistic chances for a revision of the suit against Serbia before the ICJ for which it has another seven years time to do.
Because of this, ICTY has become the priority of Serbian politics and Boris Tadić, the president of Serbia, supported Milorad Dodik in the upcoming referendum, because one of the referendum questions is whether the citizens of RS support the cooperation with ICTY. The goal is to obstruct and stop the ICTY in its operation and to provoke attacks against ICTY through intelligence and diplomatic operations, and even to finally close the ICTY with the help of Russia and China. The actual government of Serbia continuously carries out surveys in which over 70% of Serbian citizens declare against the handing over of Ratko Mladić. They also carried out researches and surveys with the help of the non-governmental sector, which allegedly conclude that Croatians, Bosniaks and Albanians feel the same way as Serbians about the ICTY.
The official version of the Serbian politics, which they offered to the head Hague prosecutor Serge Bramerc, is that the accused general Ratko Mladić is in Russia and that Russia deliberately wants to slow down the integration of Serbia into the EU, whereas in fact there is the only and the strongest agreement between Serbia and Russia that Serbia should maintain the on hold status for as long as possible, because it is a very well known fact that this status is the most “profitable” one for any country.
What is the position of Bosnia and Herzegovina? BiH is diplomatically divided and dominated by the Serbian Security and Information Agency, the successor of the former Service of National Security, which was led by the Hague-accused Jovica Stanišić. The state authorities of Bosnia and Herzegovina are blocked by the state politics of Serbia through the Prime Minister of RS Milorad Dodik and through the presiding Council of Ministers of BiH Nikola Špirić. It is unthinkable that a country such as Bosnia and Herezgovina does not possess a fund that would help pay the deposit to the former Head of State. BiH is a helpless country at this moment and unless the Serbian Pogrom Offensive against international institutions such as ICJ, ICTY, Interpol and the current against the United Kingdom is halted, there is a high possibility that over ten thousand patriotically oriented Bosnians and Herzegovinians will become hostages of the Serbian politics, because there are over ten thousand Bosnians and Herzegovinians on the list of the Serbian regime.
BOSNIA AND HERZEGOVINA – THE ETERNAL HOSTAGE TO THE SERBIAN REGIME?
If Bosnia and Herzegovina gambles the final before the ICTY and does not assure the realization of suitable national strategy in BiH, there exists a realistic possibility that it remains the eternal hostage to the Serbian regime and to different individuals who symbolize the Belgrade regime, such as Dobrica Ćosić, Kosta Čavoški, Matija Bećković, etc., but also because of its own policies that still do not provide any solution to this situation. In the next period and after the Ganić case solution, the IFIMES International Institute will publish the analysis about the responsibility of certain policies, individuals and groups that are connected to this case.
Copy of the ICTY document dated 17 June 2003
Ljubljana, 8 March 2010