Prosecutor Reveals Role of Paramilitaries - as Milosevic Exposes Witness to Danger

RED BERETS
The prosecution began the new year by leading evidence about the prominent role of Serbian paramilitaries in the wars in Croatia, Bosnia-Herzegovina and Kosovo. In cross examination, a well-rested Milosevic tried to show they, not the Yugoslav Army (JNA), were responsible for atrocities. What wasn't said was why paramilitaries were used so extensively – the extraordinary refusal of Serbian young men to fight in Milosevic's wars.

The first witness to testify was protected witness K-2, a former member of the paramilitary group known as the Red Berets. He made it clear that paramilitaries were under the direction and control of the Serbian State Security Services (DB). K-2's boss in the Red Berets was Franko Simatovic (Frenki), head of special operations in the DB, who in turn reported to Jovica Stanisic, chief of the DB, who reported directly to Milosevic, according to other testimony.

K-2 testified that Serbian State Security controlled his paramilitary group, though members were ordered not even to disclose its existence. When asked what kind of approval the group had from the government of Serbia, K-2 answered, 'We had full support in the form of ammunition, uniforms and all other necessities and it was possible to use their camps.' At a ceremony opening a camp at Kula in October or November 1995, his group was given official status as the Anti-Terrorist Operations for the State Security Service of Serbia or JATD. The ceremony was attended by JNA officers and Serbian State Security personnel.

K-2 described how paramilitaries were trained, armed and supplied in camps in Eastern Slavonia (Croatia). Part of the training was on methods of silent liquidation, though K-2 admitted under cross examination that he never used it. He also described how trucks with Serbian State Security identification regularly brought supplies of weapons and ammunition to one of the camps, which were then picked up by other paramilitary groups – also on a regular, organized basis.

In addition to this on-the-ground involvement of Serbian Security Services in training and supplying paramilitaries in Croatia, K-2 testified that Simatovic told his unit they must do whatever they were asked. In exchange, he said, 'the doors of the President (Milosevic) were open to us.'

Milosevic conducted a fairly effective cross examination, particularly on K-2's testimony about Red Beret activity in Kosovo. Most of what the witness learned was second hand from colleagues, since he was on medical and disciplinary leave during much of that time. However, Milosevic was less effective in challenging K-2's eye witness account that the Sloboda factory in Cacak was manufacturing weapons in addition to household appliances. K-2 testified that he loaded hand grenades from the factory onto trucks. The factory was later bombed by NATO, and the Serbian media reported it was a civilian facility producing washing machines.

LOVAS MINEFIELD
Witness C-1204 also described significant paramilitary activity earlier in the war – 1991 – in the Serbian Autonomous Region of Eastern Slavonia, Baranja and Western Srem. C-1204 is a survivor of the infamous Lovas minefield incident, where fifty Croat civilians were taken from their village and made to walk through a clover field to clear it of mines. About twenty died from exploding mines or being shot by their captors, whom the witness identified as Valjevci (men from Valjevo).

The largely Croatian village of Lovas had been captured several days earlier, first by local Serbs and paramilitaries, followed that evening by 10 busloads and 10 truckloads of JNA officers and soldiers. The JNA controlled all entrances and exits to the village and appeared to allow various paramilitary groups free reign over citizens. The paramilitaries looted and burned Croat houses and ordered the villagers to do forced labor without any interference from the JNA. It was one of these groups, the Valjevci, who gathered all men 18 to 55 years of age in the center of the village, beat them with rifle butts and iron bars and made them sit upright on benches all night in the cold before being marched off to the mine field.

Milosevic tried to distinguish the JNA from the actions of these paramilitary units. However, C-1204 testified that the JNA allowed paramilitaries with pistols and automatic weapons to walk freely through the village. Nor did the JNA interfere with their treatment of civilians. To get to the clover field, for example, the Valjevci and their 50 captives had to pass through a JNA checkpoint. No questions were asked. Nor were questions asked on their return, after the explosions, though the checkpoint was only 600 meters from the field. Again, when trucks retrieved the bodies of those killed in the mine field, they were allowed to pass through the JNA checkpoint without question. The truck load of bodies was parked at the entrance to the village for two days before the Valjevci ordered villagers to bury them in a small pit in the cemetery.

A JNA officer arrived in a jeep at the clover field just after the explosions. Milosevic suggested to the witness that the JNA had nothing to do with sweeping the mine field, pointing out that the officer arrived after hearing the explosions. C-1204 would not agree. 'I think he knew very well about the mines and the officer admitted he had mined the field.' He pointed out that the officer continued on his way, driving away from the village. Nor did other JNA officers or soldiers come to investigate. There was no evidence that the JNA did anything to discipline or reign in the paramilitaries involved.

MILOSEVIC'S RUTHLESSNESS
Over the winter recess, Milosevic must have re-thought his abusive style of cross examination. With the first witnesses of 2003, his questions were largely relevant and less argumentative than before. Though he still could not resist making occasional comments on the testimony, they were less personally abusive. Lest anyone think he has turned over a new leaf, however, they need only consider his first questions to the first witness of 2003:

MILOSEVIC: '[In your statement] you ask for all necessary measures to protect your identification . . . as you say your life is in grave danger . . . . Do you still believe your life is in grave danger in view of the fact that it has been 2 1/2 years since your statement?'
K-2: 'Yes.'
MILOSEVIC: 'Is the reason you believe your life is in danger your statement to [OTP] investigators or the fact that some people link you to the killing of Arkan [Zelko Raznatovic]? Why is your life in danger?'
K-2 (apparently unaware of Milosevic's intention to expose his identity): 'Now, for both reasons.'

Though lead prosecutor Geoffrey Nice interrupted to caution the Court that Milosevic's questioning 'may be a subtle way to identify the witness publicly,' the Court allowed Milosevic to continue.

MILOSEVIC: 'Because you were involved in the murder of Arkan?'
K-2: 'Yes.'

It took several more questions about his current place of residence and employment before the witness himself advised the Court he could no longer answer publicly without revealing his identity and the Court closed the proceedings.

While Milosevic may be conducting a more relevant cross examination, his intentional attempt to expose K-2's identity to those from whom he is in grave danger reveals that Milosevic continues to play by his own rules. As his international interlocutors learned, the smooth, sophisticated demeanor covers an endemic ruthlessness. His whole history of achieving and holding power attests to this.

Of greater concern is the effect his exposure of protected witnesses has on future potential witnesses, and, thereby, on the conduct of the trial itself. Thus far, in the Croatia phase of the case, more than half the witnesses have testified under full or partial protective measures. It is a reflection of the state of intimidation and fear in a region sometimes compared to gangland Chicago in the 1930's or the lawless Wild West of an earlier United States. For the safety of witnesses and the integrity of the trial, the judges and prosecutor must be hypervigilant -- not lulled by Milosevic's appearance of playing by the rules.

Exposure of witnesses may lead to witnesses refusing to testify or the Trial Chamber closing more sessions to the public. Since Milosevic uses the trial as his public platform, his attempts to expose the identities of protect witnesses may backfire. He would be well-advised to rethink this particular trial tactic as well.