ICTY, Djordjevic handed 27-year sentence

Former Serbian police chief Vlastimir Djordjevic was convicted of all five counts against him at the Hague, including responsibility for the murder of more than 700 ethnic Albanian civilians during the late Nineties conflict in Kosovo. From IWPR

03/03/2011, Rachel Irwin -

Former Serbian police chief Vlastimir Djordjevic was convicted of all five counts against him at the Hague tribunal on February 23, including responsibility for the murder of more than 700 ethnic Albanian civilians during the late Nineties conflict in Kosovo.

Judges sentenced him to 27 years in prison, with credit for time served as he has been in custody since June 2007. Djordjevic was present in court for the judgement on February 23 but showed no emotion as it was read out.

In addition to murder, Djordjevic was found guilty of the deportation, forcible transfer and persecution of Kosovo Albanian civilians in 1999.

Reading aloud from the verdict, Presiding Judge Kevin Parker said that the accused was found to be responsible for the deportation of at least 200,000 Kosovo Albanians from 13 municipalities listed in the indictment. The judge noted that this estimate is โ€œincomplete and very conservative and the true figure is likely to be very much higherโ€.

The judge described how beginning in late March 1999, Serbian police and armed forces would approach a town or village and shell the area using heavy weapons, โ€œcausing the Kosovo Albanian population to flee from their homes.

โ€œSerbian forces, in most cases police, would then enter the area by foot, typically setting houses on fire and looting valuable.โ€

Afterwards, Serbian forces would separate the women and young children from the men, and order the women and children to leave for Albania, the judge continued. At that point, they would kill all the men, โ€œusually having first divided them into smaller groups and taken each group to an isolated locationโ€.

Judge Parker noted that the defence had claimed that civilians left Kosovo โ€œfor many reasonsโ€, including fighting between the Kosovo Liberation Army, KLA, and Serbian forces, as well as NATO bombings, wartime conditions, and โ€œdeliberate population movements directed by the KLAโ€.

โ€œOn the contrary,โ€ the judge said, โ€œthe evidence disclosesโ€ฆthat the Kosovo Albanian people left Kosovo because they were specifically ordered to do so by Serbian forces, or because of the conduct of Serbian forces caused them to leave, in particular by shelling, shooting, killing and by burning houses and other buildings in the villages, towns and cities.โ€

He further noted that Serbian forces often seized โ€œidentification documents and vehicles licence platesโ€ from Kosovo Albanians before they crossed the border out of Kosovo.

โ€œHad this displacement of Kosovo Albanians been the consequence of NATO bombing or of fighting between the KLA and Serbian forces โ€ฆ it is not apparent why Kosovo Albanian refugees would be stripped of their identification documents,โ€ Judge Parker stated.

With respect to the specific charges of murder in the indictment, he said the chamber found the accused responsible for the murder of โ€œnot lessโ€ than 724 Kosovo Albanians who were killed by Serbian forces, in many cases the police.

โ€œIn the large majority of cases the victims, including many women and children, were civilians, who were unarmed and not in any way participating in any form of armed conflict,โ€ Judge Parker said.

In one instance, on March 26, 1999, Serbian police forced 114 Kosovo Albanian men and boys into a barn, the judge said.

โ€œOne of the men was disabled; his wheelchair was used by the police to block an entrance door,โ€ the judge continued. โ€œWhen all the men and boys were inside the barn, the police shot them with automatic rifles. The police then poured incendiary liquid over the bodies, placed maize on top of them and set the barn on fire.โ€

In another instance, also on March 26, 1999, Judge Parker said that โ€œnot less than 45 membersโ€ of one family โ€“ including 32 women and children – were killed by Serbian police. In another town, โ€œSerbian forces lined up and shot 19 women and children, members of two familiesโ€, said the judge, noting that 14 of these individuals were killed.

โ€œWhile five of the children survived the incident, they sustained severe injuries, many of them permanent,โ€ Judge Parker continued. โ€œThese examples demonstrate that the conduct was not part of a genuine police operation to locate and arrest terroristsโ€ as the defence had alleged.

Djordjevic did not personally commit these murders, the judge said, but they were committed by Serbian forces, โ€œmany of whom were police under his commandโ€. At the time, the accused was chief of public security in the Serbian ministry of internal affairs, known as the MUP, where he was also an assistant minister.

In these positions, Djordjevic โ€œhad lawful powers and exercised effective control over the police in Kosovo, including the regular and reserve policeโ€, Judge Parker said.

โ€œThe evidence reveals that the accused had detailed knowledge of events on the ground and played a key role in coordinating the work of MUP forces in Kosovo in 1998 and 1999,โ€ the judge continued, noting that Djordjevic was โ€œoften present on the groundโ€ in Kosovo and attended police meetings there.

Furthermore, Djordjevic was โ€œaware of the criminal conduct of the police and other Serbian forces in Kosovo from his personal observations and from information provided by othersโ€, Judge Parker said. โ€œHe was also aware that the Serb population in Kosovo had been armed by the army and the MUP to provide an additional Serbian force.โ€

The judge also noted that the defence had claimed throughout the trial that โ€œthere were no Serb paramilitary forces in Kosovo at the material timeโ€.

The bench rejected this argument.

โ€œIt has been established by the evidence that there were Serbian paramilitary forces active in Kosovo in the indictment period, many serving with police units,โ€ Judge Parker said.

Furthermore, he said, Djordjevic was โ€œpersonally and directly involved in the engagement of one such unit, the Scorpions, into the MUP reserve force, in 1999โ€.

The judge noted that the Scorpions had been โ€œdirectly involvedโ€ in the March 26, 1999 shooting of the 19 Kosovo Albanian women and children, of whom 14 were killed.

โ€œThe accused was informed of these killings almost immediately after they occurred,โ€ said Judge Parker. โ€œThe unit was withdrawn from Kosovo but no effective investigation followed. The accused was aware of the lack of investigation but nonetheless authorised the re-deployment of members of the same unit back to Kosovo a few days later.โ€

In addition, the trial chamber found that Djordjevic was โ€œinstrumentalโ€ in police efforts to โ€œconceal the murders of Kosovo Albaniansโ€.

โ€œThe evidence confirms that from the second week of April 1999, on at least six occasions over a period of several weeks, trucks containing bodies of Kosovo Albanians killed by Serbian forces in Kosovo arrived at the 13 Maj SAJ Centre in Batajnica near Belgrade,โ€ Judge Parker said.

This centre was controlled by the Serbian police and over 400 kilometres from the killing sites in Kosovo, the judge continued. In 2001, the remains of 744 people were exhumed from the centre in Batajnica, and 84 from Lake Perucac in Serbia, he said.

โ€œThe accused played a leading role in MUP efforts to conceal these murders,โ€ Judge Parker said.

Djordjevic โ€œgave instructions for the clandestine transportation of bodiesโ€ as well as โ€œspecific orders to preclude judicial investigationsโ€.

โ€œThe chamber has found that the transportation of bodies from Kosovo for clandestine burial in mass graves in MUP grounds was undertaken as part of a coordinated operation to remove evidence of crimes committed by Serbian forces against Kosovo Albanians in Kosovo,โ€ Judge Parker said.

Furthermore, the judge said, โ€œdespite being aware of crimes committed by MUP forces in Kosovo, at no time during the indictment period, or thereafterโ€ฆdid the accused take any measures to ensure the investigation of the crimes or the punishment of those involved in their commissionโ€.

Djordjevic worked with other senior members of the Serbian leadership, including ex-Serbian president Slobodan Milosevic, in a joint criminal enterprise โ€œto change the ethnic balance in Kosovoโ€, Judge Parker said.

โ€œThe chamber is satisfied that the accusedโ€™s conduct โ€ฆ contributed significantly to the campaign of terror and extreme violence by Serbian forces against Kosovo Albanians, which had the purpose of changing the demographic composition in Kosovo,โ€ Judge Parker concluded.

Djordjevicโ€™s trial began in January 2009 and heard the testimony of 140 witnesses before concluding last July. He is the eighth former senior Serbian official to be tried – and the sixth to be convicted – for crimes committed during the Kosovo conflict.

Rachel Irwin is an IWPR reporter in The Hague. This article was originally published by IWPR, TRI Issue 681, 25 Feb 11

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