Trial of Croatian Generals in Hague Continues

Prosecution witness Botteri testified of the lack of discipline inside the units in the Split region.

The trial before the Hague court (ICTY) of Ante Gotovina, Ivan Cermak and Mladen Markac, three Croatian generals charged with crimes during and after operation “Storm”, continued on Friday. The trial started with the testimony of Ljiljana Botteri, the assistant commander for legal issues, of the operation zone of Spit, during the operations.

Prosecution witness Botteri was cross examined Gotovina’s defender Luka Misetic.  Misetic concentrated on the implementation of discipline proceedings against Croatian soldiers during and after operation “Storm” in the Split operation zone, whose chief operative commander at the time was general Gotovina.

In his testimony, Botteri said that discipline was insisted upon in the region around Split, but stressed that the command did not have complete control (jurisdiction) over the soldiers from the added units, or the units that were already in the Split region, but that other regions were their home territory.

As a legal expert in the command of the operational zone of Split, she advocated the implementation of the territorial principles so that the command would have jurisdiction over the disciplinary procedures of all Croatian soldiers on the territory of the Split operation zone.

Demand rejected

“In a letter to their superiors on August 14, 1995 in the military region of Split, it was requested that they gain jurisdiction for bringing disciplinary procedures over the added units… our superiors did not accept our request” said Botteri.

The presiding judge Alphons Orie asked if the demand meant that the system was not practical or did not function at all. Botteri answered: “I would not say that the system did not function at all, but that there were functional problems when there were added units on our territory. But the system would have functioned better had the principle of territorial jurisdiction been implemented”.

Units did not send reports on disciplinary procedures

She also testified that the added units did not send reports on disciplinary procedures in the operational zone of Split, but to their home units.

“The operational zone of Split could not have the surveillance, control or estimate of the number of disciplinary procedures over soldiers that were from added units” said Botteri.

Misetic brought multiple documents to the trial, from which it can be seen that from October to December 1995, in the operational zone of Split, 1257 disciplinary measures were filed, whilst for example, in the Gospic operational zone during the same period, there were no measures filed.

“Would you say that the operational zone of Split undertook too many measures in comparison to the Gospic region?” Misetic asked the witness.

Discipline was insisted upon

“Yes of course, not only in comparison to the operational zone of Gospic, but other regions as well. That is proof that discipline was insisted upon in the Split operational zone” said Botteri.

Answering Misetic’s question, Botteri confirmed that her duty was to inform her superior, general Gotovina, if she thought that the system of military discipline was not functioning.

“During the period between August until the end of 1995, did you inform general Gotovina that the military-discipline system was not functioning?” asked Misetic. “No” said the witness.

In her testimony, Botteri also described that the disciplinary item would come to the commander of the operational zone.

Trial continues on Monday

“The commander of the company delivered the report to the commander of the battalion. The commander of the battalion would make a report and send it to the commander of the brigade, which would bring a decision to implement an investigation. Only when the procedure of investigation was over, the commander of the operational zone would file a decision on placing somebody before the military-disciplinary court” said the witness.

Botteri ended her three day testimony on Friday, and the trial of the Croatian generals will continue on Monday with the hearing of a new witness from the prosecution.