Seselj Trial Cleared for Defence Phase
Majority of judges rule that defendant has a case to answer on all counts after prosecution rests.
Seselj Trial Cleared for Defence Phase
Majority of judges rule that defendant has a case to answer on all counts after prosecution rests.
Serbian nationalist politician Vojislav Seselj’s bid for acquittal on all counts of his indictment was rejected at the Hague tibunal this week by the majority of judges on his case.
“At this stage there is sufficient evidence to support the crimes as alleged in all nine counts of the indictment,” said Presiding Judge Jean-Claude Antonetti during the May 4 hearing, noting that he dissented from the majority opinion.
The oral decision was delivered in accordance with tribunal rules, specifically Rule 98bis, which allows defendants to request an acquittal after the prosecution has rested its case. The judges may enter an acquittal on one or more counts if they find there is no evidence to support the charges.
During the 98bis hearings held in March, Seselj – who represents himself - argued that the indictment against him had been “shattered to pieces”.
“You did not prove anything beyond a reasonable doubt except that you hate me and want to see me convicted at all costs,” Seselj said at the time.
Detained at the tribunal since 2003, Seselj is charged with nine counts of war crimes and crimes against humanity – including murder, torture and forcible transfer – for atrocities carried out in an effort to expel the non-Serb population from parts of Croatia and Bosnia between August 1991 and September 1993. He is accused of giving numerous inflammatory speeches and recruiting a force of volunteers who allegedly murdered, raped and tortured non-Serbs in both Croatia and Bosnia.
Seselj’s trial has endured repeated delays since it officially began in November 2007, a full year after the original trial date was postponed due to the accused’s hunger strike. In July 2009, Seselj was found guilty of contempt for revealing confidential details about protected witnesses in one of the books he authored. A second contempt trial, on similar charges, began in February.
During this week’s hearing, Judge Antonetti said that the “chamber has a large amount evidence that makes it possible to find the accused promoted a nationalistic ideology, including the deportation of non-Serbs”.
The judge then referred to numerous statements that the accused made – either in interviews, during wartime rallies, or in his own books - which the bench characterized as “virulent” and “violent”.
For example, Judge Antonetti pointed to a wartime interview with Serbia’s Politika newspaper, where Seselj is quoted as saying that “more blood might be shed if Muslim fundamentalists continue playing with fire”.
In an interview with another newspaper in May 1992, the judge quoted the accused as saying that “more still had to be done by cleansing the left bank of the Drina River” which was heavily non-Serb.
According to witness testimony, Seselj visited the Croatian town of Vukovar in 1991 and told a rally that “not one Ustasha must leave Vukovar alive”, Antonetti said. Seselj, however, denies making that statement.
The judge said that by referring to Croats as “Ustashas” - a term referring to Croatian fascists who collaborated with the Nazis during World War Two – Seselj “denigrated” the non-Serb population.
In addition, Seselj “spread a climate of fear” through his numerous political speeches and “the chamber has … evidence that the accused continued with violent propaganda even though he was aware of the impact on Serbian public opinion”, the judge said.
Judge Antonetti also went through each count of the indictment and cited specific evidence that supported it.
While the decision was being read out, Seselj grinned and often chuckled at what was being said. He also exchanged smiles and waves with a small group of supporters sitting in the public gallery.
Judge Antonetti noted that he had a separate, dissenting opinion from the one he read aloud in court, and he read this to the court immediately after he finished with the majority opinion.
“I believe that some of [the crimes in the indictment] have been established through evidence adduced [in court] and some others have not,” he said.
The judge said that at this stage, Seselj should be acquitted on counts of murder, torture, cruel treatment and wanton destruction.
He said that in terms of torture and cruel treatment, there was “not sufficient evidence to establish a nexus” between Seselj and the “instigation” of these crimes, which is one form of responsibility in the indictment.
“For example, what words uttered [by Seselj] led to brutal and inhumane living conditions…?” the judge remarked. “What are the reasons for [these conditions]? The words uttered by the accused or some other reason?”
He said he also had “doubts” about the counts of murder for similar reasons.
In terms of the counts of wanton destruction, the judge questioned if it could be proven that certain buildings were destroyed by a “specific group which acted under the authority of the accused under any modes of liability”.
In addition, the judge said there wasn’t evidence showing that Seselj was part of a Joint Criminal Enterprise, JCE, as alleged in the indictment.
Because the majority of judges ruled that Seselj has a case to answer on all counts, Seselj now has until June 17 to submit a list of potential defence witnesses and exhibits to the court. Another hearing will be scheduled in due course.
Rachel Irwin is an IWPR reporter in The Hague.
