Courtside: Blaskic Re-Trial?
By Vjera Bogati in The Hague (TU No. 287, October 28 - November 1, 2002)
Courtside: Blaskic Re-Trial?
By Vjera Bogati in The Hague (TU No. 287, October 28 - November 1, 2002)
More than 50 exhibits have been logged by the defence of General Tihomir Blaskic, jailed for crimes including responsibility for the slaughter of Muslim civilians in the village of Ahmici in April 1993.
The appeals chamber found that, given the volume of new evidence and possibility of prosecution rebuttal, "It would be more appropriate for any re-determination of the facts in the circumstances of this case to be made by a trial chamber."
It has called on both sides to present oral arguments on November 21 as to whether a new trial would be justified.
In March 2000, Blaskic was found guilty on all counts of the indictment, which dealt with crimes committed by the HVO forces in central Bosnia, including the Ahmici massacre.
He appealed the decision by the trial chamber and during the proceedings new evidence was admitted which had not been available during the 1997-1999 case.
Military archives in Croatia have become accessible following the change of government in Croatia in 2000.
The appeals chamber admitted 50 exhibits that "clearly satisfy" rule 115, which permits the admission of evidence that was not available during trial.
Such evidence must be credible and must show that the conviction may have been unsafe.
A number of defence exhibits was admitted which did not satisfy rule 115 but did point to the possibility of a miscarriage of justice.
Vjera Bogati is an IWPR special correspondent in The Hague and a journalist with SENSE News Agency.
