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PROSECUTION FAILS TO MAKE ITS CASE CLEAR




Arkan’s fellow fighter Borislav Pelevic was cross-examined by the prosecution. After the whole day of questioning, the prosecution case remained unclear. When the defense intervened the Trial Chamber dove into the examination of the witness. Pelevic claims that Arkan’s men didn’t commit crimes: they merely defended the Serbs. They never even send uninvited guests away from their parties, the witness explained

Borislav Pelevic, defence witness of Franko SimatovicBorislav Pelevic, defence witness of Franko Simatovic

The entire cross-examination of Serbian politician and former member of Arkan’s political party and volunteer guard Borislav Pelevic was surprisingly peaceful today. Prosecutor Weber most of the time tried to establish the identities of a number of volunteers who had fought in Zeljko Raznatovic Arkan’s Serbian Volunteer Guard from 1991 to 1995. The indictment against Jovica Stanisic and Franko Simatovic mentions Arkan’s men as one of the paramilitary units under the control of the Serbian State Security Service whose members committed numerous crimes against the non-Serbs during the wars in Croatia and BH.

Pelevic confirmed that some volunteers whose names the prosecutor mentioned were members of Arkan’s guard. The objective of that line of questioning remained unclear until Stanisic’s defense counsel intervened, asking the prosecutor to clearly put the prosecution case to the witness. Judge Orie did that in the prosecutor’s stead at the end of the cross-examination, asking Pelevic if he knew that some of those volunteers were on the Serbian State Security Service payroll in 1994 and 1995. The prosecution has the relevant payroll lists. At that time, the witness replied, the guardsmen were paid by Fikret Abdic, and the money could have been transferred through the Serbian State Security Service ‘only if Abdic was in the Service’. Arkan’s men trained Fikret Abdic’s army in the Cazin Krajina.

The issue is of key importance for the Stanisic and Simatovic trial. From the beginning of the trial, the prosecution has been trying to prove there were links between the Serbian police and its secret service and Arkan’s men. The defense has just as strenuously denied it. In the examination-in chief, Pelevic claimed that the Serbian Volunteer Guard was part of the Serbian Army of Krajina and the Territorial Defense of Slavonia, Baranja and Western Srijem. From time to time, the Guard was subordinated to the VRS and the JNA. In brief, the only entity to which Arkan’s guard was never subordinated was the Serbian State Security Service.

As he was cross-examined by the prosecutor, the witness was shown a short video recorded in the fall of 1995. The video shows the commander of the Serbian MUP Special Units, Obrad Stevanovic, at the celebration to mark the anniversary of the foundation of the Serbian Volunteer Guard in the training center in Erdut. The presiding judge asked the witness to explain Stevanovic’s presence, in light of his consistent effort to deny any links between the MUP and Arkan’s men. Pelevic replied, ‘I didn’t like seeing him there’; he couldn’t do anything because ‘you cannot make the guests leave’. Judge Orie then noted that ‘usually the host invites his guests’. The witness remained adamant that Stevanovic had not been invited to the ceremony by anyone in Arkan’s guard.

Answering to the Trial Chamber’s questions, Pelevic said that Arkan’s men fought in the war because they were patriots; he wasn’t aware of any of their crimes. Pelevic explained that he never asked about Raznatovic’s pre-war criminal record because he thought that ‘everyone has the right to have a past’.

Pelevic completed his testimony today. Franko Simatovic’s defense will continue its case next week.




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