MOSCOW, September 4 - RAPSI, Ingrid Burke. Accused war criminal Radovan Karadzic’s request for a retrial was denied by a panel of judges for the International Criminal Tribunal for the Former Yugoslavia (ICTY) Monday, according to a statement released by the tribunal.

Karadzic filed the request at issue on the basis of his concern that prosecutors had breached the tribunal’s evidentiary disclosure rules on hundreds of occasions. The defendant argued that the prosecution failed to disclose 406 witness statements or testimonial transcripts that it had in its possession prior to a May 2009 deadline imposed by ICTY procedural rules. Karadzic further claimed that the prosecution failed to disclose the “vast majority” of evidence as soon as practicable. Furthermore, he argued that the chambers’ express finding of 58 disclosure violations on behalf of the prosecution was “unprecedented in international criminal justice.”

Rejecting his request, the court held that, “While the number of disclosure violations in this case has reflected badly on the Prosecution, its knowledge of what it holds in its evidence collections and its approach to disclosure, the Chamber has not found that the Accused has been prejudiced by any of these violations.”

Justifying its decision, the chamber pointed to numerous occasions where it sought to remedy prosecutorial violations.  Such remedies included the suspension of proceedings in order to allow Karadzic’s team adequate time to review improperly disclosed evidence, the delay or postponement of certain witness testimonies, and the imposition of stricter disclosure requirements on the prosecution.

The chamber based its finding that the many prosecutorial violations had not prejudiced Karadzic on the following six bases: “(1) the subject matter of the disclosed material was of limited length or notof such significance and the Accused had sufficient time to review that material before the testimony of the affected witnesses; (2) the Accused already possessed similar if not identical material, failed to use that material during his cross-examination or some of the material had already been admitted into evidence; (3) the Accused had already cross-examined witnesses on the subject matter of the disclosed material; (4) the Accused would have the opportunity to tender the material during his defence case, from the bar table or through another witness; the material pertained to reserve, 92 bis or 92 quater witnesses which did not require additional time to prepare for cross-examination; or (6) the Accused could seek to recall a witness if he showed good cause.”

Based on these factors, the chamber held that Karadzic had failed to prove that the earlier remedies were insufficient to overcome any prejudice posed by the prosecution’s disclosure violations. Furthermore, Karadzic failed to prove that it would be worth the effort to recall the many witnesses who would have to be recalled in the case of a retrial.

Karadzic formerly served as President of Republika Srpska and Supreme Commander of the Bosnian Serb Army. He has been charged by ICTY prosecutors with two counts genocide and various counts of crimes against humanity and violations of the laws or customs of war.

One of the genocide counts refers to the Srebrenica Massacre. According to tribunal records, Srebrenica was taken over by the Bosnian Serb Army between July 10-11, 1995. During those two days, thousands of Bosnian Muslim civilians fled for their safety to a nearby UN compound. During the next two days, over 1,000 able-bodied men were separated from their loved ones in the compound and were transported to temporary detention centers. Another 15,000, mostly able-bodied men, fled through the woods in an enormous column in order to escape to the city of Tuzla. It is alleged that on July 13, 1995, upwards of 6,000 able-bodied men surrendered to or were detained by Bosnian Serb forces. These detainees joined the others who had been taken from the UN compound. In the following weeks, these men were systematically murdered.

Karadzic spent years on the run from the ICTY before being arrested on 21 July 2008.