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Saturday, January 20, 2007

The Hague Tribunal Announcement: Boskoski's Trial Begins April 17; Gotovina's May 7th

Yesterday late aftrfnoon the ICTY (International Criminal Tribunal fo former Yugoslavia came out with two long awaited announcements about begining of two trials. One refers to Ante Gotovina, Croatian general, the other about Ljube Boskoski, Macedonian former minister of interior. The indictment against Ljube Baskoski, 46, and Johan Tarchulovski, 32, was issued in December 2005. It charges them with violations of the laws of customs of war". That is judiciary parlance. In simple talk that means "war crimes". Boskoski is charged with "superior responsibility for the act of regular and reserve police including special police units, prison guards, hospital personnel and civilians...A superior is responsible for the criminal acts of his subordinates if he knew or had reason to know that his subordinates were about to commit such acts or had done so and the superior failed to take necessary and reasonable measures to prevent such acts or to punish the perpetrators. Ljube Boskoski failed to fulfill his duty as a superior to investigate and punish the perpetrators of the crimes alleged below:"

And then comes the litany of crimes allegedly committed by police-squad members under Johan Tarculovski's command. Practically the text that follows is a legal and logical mess. For me, it shows how totally incompetent Carla del Ponte actually is and how prophetically right was Slobodan Milosevic who in the opening statement said: "She has a brain of a 7-year, of a 7-year old retarded child".

So, the original indictment (the trial will go on the basis of the second and amended indictment, a bigger mess than the original one) shows that:
1. Ljube Boskoski did not kill anybody;
2. Johan Tarculoski did not kill anybody;
3. He, Tarculovski, did not order anybody to shoot;
4. Both could not have known that people were killed;
5. Some armed thugs or rebels were pursued in their escape (point 22 of the indictment): two ran away (one wounded one unharmed) while three did not share that luck. They, allegedly, were 150 meters away from the place where the the police was and eventually got shot down.
Legally, the defense claims that the prosecution is wrong on form and fact, that changing the indictment is tantamount to an abuse of process

How can this constitute a war crime?

This Swiss stubborn nit-wit drives me mad with what she stutters with the context of the indictment produced in the name of the United Nations.
She pictures an outlandish situation: she does not herself explain what happened on August 12, 2001 around Ljuboten, a village not far from Skopje, near Tetovo, I personally have known as a thriving agricultural community for more than a half of a century. She does not tell the court why did a police unit of the Macedonian ministry of interior appear there. Why indeed?
How many policemen were in the unit?
How were they equipped?
Who sent them there?
She does not say that John Tarculovski ordered his favorite seargent: "Shoot him". She produces an indictment in which a faceless policeman or two, shoot without orders.
Why were they, the police, sent there then and not a year, three years or 23 years before that?
Does this idiotically stupid indictment want to say that the Macedonian police is a bunch of disorderly men who are allowed to go out on shooting sprees whenever they chose?

Why was Ljube Boskoski guilty of not listening to her while he (Boskoski) and prof-d-r Gjorgje MarjanoviK, my schoolmate and European legal authority, had hear the secretary-general of NATO, Lord Robertson stating that there were armed thugs and murderers gone amok around Macedonia and that such a situation should not be tolerated?
Was Ljube Boskkoski expected to read newspapers and her while disregarding NATO secretary-general?
Is it possible that ANY of the individuals that day located in or around Ljuboten were illegally armed?
If so - what sort of arms those were, how were they acquired, why were they used?
Did she, this CArla del Ponte ask herself where, for how long and with what purpose were the farmers trained to use the arms? Did they import them from the EU (Macedonia does not produce any arms at all) or from somewhere else?

How (this is a rhetoric question, it means no-how) can one believe into the impartiality of a court that accepts this crap as an indictment? The justices were obliged to throw it out because Carla del Ponte had to produce the names of every single policeman in the unit. And then pin the ones who pulled (if they did pull) the triggers.
Triggers of what? Did they use bazookas? Machine-guns? Cross-bows? What, dammit?
Eh my Carla, my Carla.
Slobo was right, you know.

The Office of the Prosecutor was earlier disqualified (by a renown, internationally recognized, Tribunal-paid lawyer) to have compound indictments with a shot-gun like (spray-pellets) ammo. She produces 15-20 counts to support her main case and one of those will do the trick. Furthermore, she calls to the stand every possible prosecution-friendly individual who may coraborate to her fancy theory that idiotic Macedonian were out on an unprovoked attack of peaceful, law-abiding ethnic-Albanians. Some of her witnesses in other cases were evidently proven to have lied, but there is no threat of perjury or lying under oath in this Tribunal. Thus, if the defense is not extra-carefull - a false witness-statement can ruin any of the indicted.

The justices did not publicly or otherwise, warn the Chief prosecutor that she willingly tries to interfere with the course of the trial no judge (but the Chinese) dared bring her to senses and tell her that what she is doing is wrong.

This time she deserves to be quartered, covered with tar and feathers and dragged around the world legal community as an example of a lopsided, shamelessly biased prosecutor who begins to believe in her messianic role. The poor woman is nuts.

I expect that Boskoski's defense will have some tough time ahead.
The trial chamber is composed of judges Carmel Agius from Malta, O-Gon Kwon and Kimberly Prost. IN the pre-triel appearances judge Albin Eser was involved. The prosecution is represented by Dan Saxon and Anees Ahmed, but also `Keneth Scott and William Smith. Counsel for Boskoski is Ms Edina Residovic (previosly, till 13 April 2006, Dragan Godzo) , while Johan Tarculovski has Antonio Apostolski as his defense counsel.

(To be completed: defense costs / which witnesses to cal and grill / political repercusions in Macedonia and Croatia)


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