Former President of Republika Srpska Radovan Karadzic has filed a motion for a new trial to the Hague Tribunal due to continual problems regarding the disclosure of evidence by the prosecution.
“Radovan Karadzic contends that the numerous violations by the prosecution of its disclosure obligations and the cumulative prejudice from those violations to the defence has resulted in an unfair trial. Starting the trial over, and getting it right this time, is the only remedy which can ensure that the trial is a fair one,” reads the motion filed to the Hague Tribunal judges.
Karadzic stated that the Hague Prosecution was supposed to disclose all evidence before the beginning of trial in 2009, but it has since been revealed that the prosecution failed to disclose 406 witness statements and testimonies, which means that the prosecution failed to release 25 per cent of its evidence.
On 58 occasions throughout the trial, the Trial Chamber made an express finding that the revealed that the prosecution violated its disclosure obligations.
“The extent of disclosure violations in Dr. Karadzic’s case is unprecedented in international criminal justice,” the motion states.
Karadzic is charged, as president of Republika Srpska and supreme commander of its armed forces, with genocide, crimes against humanity and violations of rules and customs of war in the period between 1992 and 1995.
His trial started in October 2009, and the prosecution finished presenting its evidence in May this year. Karadzic is due to start presenting his evidence in October.
To the media in Bosnia and Herzegovina, the arrest of Radovan Karadzic, indicted by the International Criminal Tribunal for the former Yugoslavia, ICTY, for genocide, war crimes and crimes against humanity, was a true sensation, and one to be exploited day after day.
In July 1995 Srebrenica was shelled and occupied by the Army of Republic of Srpska,VRS, despite being declared a protected area by the United Nations. More than 7,000 people were killed, the victims of genocide.