Posted on 09/29/2003 10:45:57 PM PDT by DTA
Key Srebrenica Witness Admits Lying
Momir Nikolic's fictional account of massacre raises questions about plea-bargain system.
By Chris Stephen in The Hague (TU 327, 29 September 2003)
The Hague prosecution's star witness in the Srebrenica case has admitted in court that he lied in testimony when he said he ordered one of the biggest single massacres of Bosnian Muslims.
Former Bosnian Serb army captain Momir Nikolic's admission in a courtroom appearance this week will undermine confidence in other details he has supplied about the Srebrenica killings in July 1995, and raises questions about how plea-bargain agreements are negotiated with those accused of war crimes.
Nikolic, an army intelligence officer who was present during the massacres and was indicted by The Hague for playing a major role in them, made history as the first Serb officer to give evidence against his colleagues.
But now doubts about his reliability as a witness have arisen after he admitted that a statement he gave to prosecutors earlier this year contained a lie.
In a courtroom appearance on September 29, he admitted he did not give the orders to gun down more than 1,000 Bosnian Muslims inside a warehouse at Kravica. He was not even present when it happened, on July 13, 1995. Kravica was one of the single biggest massacres carried out by Serb forces around Srebrenica.
In recent days, Nikolic has been in court as part of a plea-bargain deal with prosecutors, giving evidence against Vidoje Blagojevic and Dragan Jokic, Bosnian Serb officers indicted for war crimes alongside him. In May, prosecutors agreed to drop a genocide charge against him and seek a lesser sentence of 15 to 20 years, and in return he changed his not guilty plea to an admission that he committed crimes against humanity.
But now, Nikolic has renounced his original statement that he had personally supervised the Kravica killings.
"You needed to give him [the prosecutor] something he did not have, right?" said Michael Karnavas, defending. "You wanted to limit your time of imprisonment to 20 years, that was part of the arrangement, yes? Quid pro quo?"
Nikolic admitted he had lied, "I did not tell the truth when I said that. Afterwards I said I had made a mistake, I had lied.
"I apologise. All I can do is confess and say that discussing the crime is a very difficult situation to be in."
"I think we should call it for what it is, a bald faced lie," said Karnavas.
"I'm still a little bit confused," the American lawyer continued. "How is it that you thought by admitting to one of the most horrendous executions in this area, that this would help you in getting the kind of sentence that you are hoping and praying for?"
"I wanted the agreement to succeed," responded Nikolic.
His original statement to prosecutors included testimony that while at Kravica, he had observed the involvement of another war crimes suspect, former army officer Ljubomir Borovcanin, in the killing.
He has now told the court that although he was not present, he was certain that Borovcanin had been there.
"You implicated Borovcanin in your falsehood in order to make your story more convincing, so that the prosecutor would buy it?" said Karnavas. "You needed to give him [the prosecutor] some more facts to sweeten the deal - that's why you provided false information about Kravica?"
He went on to ask Nikolic whether he had lied so as to make his story impressive enough for prosecutors to offer him a plea-bargain deal. "Your lawyers had a laundry list of factors that the prosecutor was expected to agree to," said Karnavas.
"The prosecution did not exert any influence on me," responded Nikolic. "What I did is my own mistake."
Karnavas continued to press him, saying, "Did you think that by falsely admitting to having ordered this execution that you were solving a question-mark in the prosecutor's case as to who had ordered that murder?"
Nikolic's admission could have serious implications for the prosecution strategy of using plea bargains.
In recent weeks, prosecutors have persuaded several former Bosnian Serb commanders to give evidence against their former comrades by offering to cut their sentences.
Nikolic's plea-bargain negotiations took six months, starting last November. It now seems he was so desperate to get a deal with prosecutors that he was willing to lie to them.
The prosecutors are in a difficult position. They will only offer plea-bargain arrangements to people who can give high-quality evidence. But this case suggests that some defendants could be tempted to embroider the facts to make their crimes more "worthy" of a deal.
Chris Stephen is IWPR's tribunal project manager.
Well, that settles it . . . no more Balkan threads. Hooray!
No, I am saying that each accusation must be judged on an individual basis, and the truth or falsity of that accusation be verified.
You seem to be claiming the virginal innocence of the Serbs, and at the same time, the satanic guilt of the Croats and Bosnians.
I am not a fool, do not further convince me that you are one.
You seem to be very confused, Sir. It was you who tried to combine different accusations. Let me refresh your memory:
[me:] Even if those atrocities are not true?
[you:] Then I guess you are saying the accusations against the Croatians and Bosnians are "untrue" as well?
Do you see now?
You seem to be claiming the virginal innocence of the Serbs, and at the same time, the satanic guilt of the Croats and [Muslim] Bosnians.
Does it really seem it to you so? There is a long way from not being a genocidal murderer to the "virginal innocence", and there is a long way (although shorter) from being a guilty party to the "satanic guilt".
Let Me Remind You...
Serbians must accept their part in those atrocities, and stop making excuses.
Your response...
"Even if those atrocities are not true?"
You claim the Serbian atrocities are falsely claimed, which I reject, not wholely, but on an individual basis.
In the case of Srebrinica, my personal verdict is the Serbs are Guilty.
I then suggest that if accusations against the Serbs are false, then the accusations against the Croatians and Bosnians may be false as well.
You reject this argument, the Croatians and Bosnians are guilty, thusly...
Are you saying that the accusations must be all true or all false? Why?
I reiterate... "Serbs must must accept Their Part in those atrocities and stop making excuses."
Your wholesale denial of Serbian guilt implies, by default, the complete guilt of either the Croats or the Bosnians, or Both. ( Unless you can somehow rationalize the Americans as the guilty party )
Whoa! What are you talking about? I have pointed to the fact that genocide in Srebrenica was a fabrication same way as imagined rape/death camps were. And you counter this by accusing me of demonizing Croats and Bosnian Muslims or of claiming that Serbs are perfect angelic beings.
What type of logic it is? If someone accuses you of murdering your neighbour and you deny it, does it mean that you must be either guilty or a saint?
No, I don't remember. It was two years ago and like I said, I don't speak Serbo-Croatian.
Do you remember the names of the translators who said "killbox" to you?
Yes, I'm in fairly close contact with them, and no, I won't give you their names.
Also, is there a pic on the web of the warehouse on the web anywhere?
I've got pictures of the Kravica warehouse that I took on my hard drive, so if someone can help me to post them, I'd be glad to share.
You are in denial..
Grow Up...
There is a chapter in the NIOD report on what happened at Kravica warehouse, to include links between the warhouse and mass graves.
Joan has seen it all before, however, and remains impervious to anything other than crimes committed against Serbs, and will play stupid whether deniability is maintainable or not.
I hope no one accuses the US Airforce of genocide when it uses the term "killbox".
As you're in "fairly close contact with them", then ask them. Have them e-mail you the term you allege that the Kravica residents use which they've quoted. Then relay it to us.
Point well taken. Shows the importance ofdeoublechecking facts, memory can play nasty tricks. Perhaps as a joint FR effort, we could construct a REAL timeline of events in Bosnia that show how madness escallated, who fanned the flames and who provide gasoline to douse fire.
BBC "timeline" does not say what was going on in Srebreenica from 1992 onwards. Imagine bank robbery turining bad. After killing a teller, bank robber was shot dead by security guard. Tabloid prints headline "MADMAN ON RAMPAGE" and shows picture taken from the security camera where two bodies are seen on the floor and security guard waving a gun. Alhough not a forgery, this would completely twist what really happened.
BBC link you provided is not a timeline, it's a snapshot. Camera does not lie but can be accomplice to untruth.
As of "understandable revenge" it's seems that tongue in cheek was lost on you. Perhaps you accept that it is understanable when islamist extremists murder 2000 people for 'collective guilt'. If you do, you are not alone. 40,000 KFOR toops did not lift a finger to protect inocent civilians (Serbs, Roma and Albanians alike), 4000 police did not care (only several Albanians arrested) nor the courts (only several Albanians were put to trial for murdering Albanians)
But, if it is "understandable" in Kosovo, it is understandable in Srebrenica also. If it is crime in Bosnia, then Islamic criminals from Bosnia and Kosovo have to be prosecuted the same way as Serbs.
To this day, they are not. In UN-run Kosovo province, they enjoy UN salaries and US protection. Perhaps now you understand the point.
Since you are keen observer, can you explain why, if "the Serbs" had intent to commit "genocide" they did not kill BM soldiers from Zepa Enclave?
Then you need to do a little more reading.
I don't think so. I mean, after the "racak massacre" and the story about the "death camp" at Tchornopoliya finally getting out, which other stories about "Serb atrocities" am I supposed to still believe??
Sorry. I was concentrating on things like being an American peacekeeper there, not learning the language. That's what I had interpreters for. I never stated that it was "continuously used." I remember he words and phrases that were used continuously, like common greetings, and the last four of my social security number that I gave out twice a day to the Bosnian nationals working in the dining facility.
You were there twice? Really? When? Two visits? Two tours of duty? Two hits on the "Cry from the Grave" website? Do elaborate, kind sir.
Oh, and one other thing....alternatediscourse Since Aug 9, 2003. That kind of sums things up, doesn't it?
And, as of now, it's still true, and the same with Yahoo! News. They have all the old stories of Nikolic being a witness to all sorts of atrocities. These "revelations" were carried in many, many newspapers too.
People were pointing to them as being the "truth" because AP reported it. I guess they never stop to consider that AP was just giving his lies great publicity because it demonized Serbs.
And they let those news accounts stand - even though the guys a PROVEN perjurer. The lid is kept on news of his perjury. Conspiracy - and that's what can't be denied.
The sheeple never delve into these stories and will still be believing all the lies.
The question remains about where Nikolic really was during those days. He owes everyone the real story.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.