| Complete
analysis of the incident at
Racak on Jan. 15, 1999
by Chris Soda
The "Moral High Ground;" Introduction
This is the beginning of a series on the so-called Racak atrocities.
Predrag Tosic and myself are introducing new features to our ever-growing
list of readers at Yugoslavia Info, including special reports such as
this and as well interviews with key players/commentators whose expertise
will help all of us better understand the nature of NATO's aggression
in the Balkans.
For anyone who has read the forwards/commentary on the Yugoslavia Info
site, it is apparent that both Predrag and myself question both the legality
of the NATO aggression in the Balkans as well as its "humanitarian"
agenda. In particular, many Western news agencies are selectively distributing
both false and misleading "coverage" on the Balkans to their
respective markets; while not commenting on the reasons for such actions,
it is nonetheless apparent that much of this type of "coverage"
is based in countries with NATO membership.
For most readers of Western news services, Racak has become synonymous
with "atrocity"; so has "Serb", so has "Milosevic";
Albanians are portrayed as "victims" of the "Serbs",
etc. I had heard all of this, as well as the opinions of those who thought
the incident at Racak on Jan 15/99 was not a "crime against humanity";
but there were a few things I was sure of before embarking on this particular
study: (a) The incident at Racak on Jan 15/99 is the only specific, dated
charge in the ICTY indictment of Milosevic and four of his aides that
is listed as occurring before the NATO bombing of Yugoslavia, and (b)
The incident at Racak is the most specifically-mentioned example quoted
by both Western politicians and by the Western news agencies of NATO countries,
as the "prime example" of Yugoslavian "atrocities"
against Albanians which necessitated the NATO bombing campaign.
There is nothing I have found anywhere to justify the NATO bombing campaign
on legal grounds; even many quoted supporters of the aggression against
Yugoslavia acknowledge the illegality of the strikes (or say nothing at
all in this regard - for instance, read: most Canadian parliamentarians)
but insist that intervention was necessary on "humanitarian"
grounds. And the incident at Racak is apparently the "ace" up
the sleeve of the ICTY as well - despite all the much-touted acts of "ethnic
cleansing," "atrocities," "crimes against humanity"
etc supposedly perpetrated by the Yugoslav government before Mar. 24/99,
this particular charge must be seen by the international court as being
the most "iron-clad" and easiest to prosecute. It is the first
specifically-dated charge in the indictment handed down and is crucial
to the NATO-justification school of necessity in initiating these attacks.
Everything stated in this report has been corroborated at least once
over, and usually more than once. There are some problems which I'll state
at the outset: although I have the comments and positions of many of the
actual forensic experts who performed studies on the bodies, I cannot
lay my hands on the actual forensic reports. No copies were to be found
at the OSCE, University of Pristina, University of Helsinki, University
of Nis, NATO, UN, EU or Government of Yugoslavia websites - or anywhere
else that I've looked. This absence precludes a vital cross-reference
to any definitive Racak study; however, as I say the input of the actual
medical staff involved is a matter of public record and was heavily used
in segments of this upcoming report. Secondly, I have received no answer
from my e-mails to various institutions requesting contact with the medical
staff studying the bodies found at Racak. If I ever do hear back in regards
to this, I would like to give any or all of them equal time on this site
to comment.
Sources used in this report were all taken from the Internet; they are
numerous and will be listed at the end of the report.
As I say, the incidents at Racak on Jan 15/99 are crucial to both the
whole NATO-justification for bombing , and the whole ICTY indictment.
If the incidents which occurred at Racak really were atrocities perpetrated
by the Yugoslav government, then NATO will continue to use this to claim
the "moral high ground" in past, present, and future actions
in the Balkans; as well, the legitimacy of internationally - judging the
leaders and actions of sovereign states will be seen as progress in the
pursuit of "justice".
If, on the other hand, the incidents at Racak were not atrocities perpetrated
by the Yugoslav government, the NATO-bombers' "house of cards"
claiming moral legitimacy falls apart; as well, any past, present, and
future actions by NATO in the region will be severely scrutinized for
hidden agendas. And if the incidents at Racak on Jan 15/99 are shown not
to be atrocities, then the whole question of self-claimed objective international
legalities will be shown to be just another link in the chain of selective,
biased judgment fueling the same hidden agendas.
The I.C.T.Y. Indictment
The International Criminal Tribunal for the former Yugoslavia (ICTY)
is an entity established by the UN Security Council in 1993 (Resolution
# 827); under the ICTY mandate from the UN, four major types of offences
can be prosecuted against individuals for the following acts within the
territory of the former Yugoslavia:
(1) Grave breaches of the 1949 Geneva Conventions (Article 2)
(2) Violations of the laws or customs of war (Article 3)
(3) Genocide (Article 4)
(4) Crimes against humanity (Article 5)
I share the opinion of many that the UN has no legal or moral authority
to selectively pass judgment on anyone, nor to establish institutions
of the same. As long as a so-called "world body" is in fact
ruled by a veto-wielding minority, it cannot claim that any of its pronouncements
are democratic, representative, or capable of justice. Having said that,
the ICTY nonetheless is a vital part of the war waged against Yugoslavia
since 1991 (and possibly even earlier) and the beginning of UN sanctions;
with an ever-increasing budget, from $276,000 (all figures US) in 1993
to over $94,000,000 as of June 1999, this "legal" weapon wields
considerable power and respect (unfortunately). The incidents which occurred
at Racak as detailed in the ICTY indictment should be analyzed not only
in an objective international court of law (still waiting for this one)
but in the court of public opinion as well; as I said in Part 1, the legitimacy
of the ICTY as a capable and fair arbiter of right and wrong rests with
the successful prosecution of those which the ICTY prosecutor (up until
recently this was Louise Arbour of Canada) has deemed responsible for
what she terms as a Yugoslav-government directed "atrocity"
in this village; as well, the constant stream of propaganda against Serbs
in general and Milosevic in particular leading up to the so-called "justification"
of the NATO air strikes rests with this particular charge.
The full text of the indictment can be found at various Internet sources;
I have used parts of the copy from the Jurist Network at http://jurist.law.pitt.edu/indict.htm
The ICTY indictment is dated May 22 1999 and charges Slobodan Milosevic,
Milan Milutinovic, Nikola Sainovic, Dragoljub Ojdanic and Vlajko Stojiljkovic
with, amongst others, the following:
Under "Charges": Crimes Against Humanity and Violations of
the Laws or Customs of War;
(90) Beginning in Jan 1999.... [the five accused] ....planned, instigated,
ordered, committed, or otherwise aided and abetted in a campaign of terror
and violence directed at Kosovo Albanian citizens living in Kosovo in
the FRY. [Federal Republic of Yugoslavia]
(98)a On or about 15 January 1999 in the early morning hours the village
of Racak... was attacked by forces of the FRY and Serbia. After shelling
by... [Yugoslavian government forces] ...the Serb police entered the village
later in the morning and began conducting house-to-house searches. Villagers,
who attempted to flee from the Serb police, were shot throughout [Racak].
A group of approximately 25 men attempted to hide in a building, but were
discovered by the Serb police. They were beaten and then were removed
to a nearby hill, where the policemen shot and killed them...
The ICTY indictment also refers to Racak in (28): In one such incident
on Jan 15, 1999, 45 unarmed Kosovo Albanians were murdered in the village
of Racak....
Under the ICTY indictment, under General Allegations(82): All acts and
omissions charged as crimes against humanity were part of a widespread
or systematic attack directed against the Kosovo Albanian civilian population
of Kosovo in the FRY.
General Analysis of the I.C.T.Y. Indictment
General Analysis: The Numbers Game.
This is a general analysis of the ICTY indictment of May 22 1999 charging
Milosevic and four others with crimes against humanity , violations of
the laws and customs of war, etc.
Before moving directly to the Racak charges, there are other points in
the ICTY indictment worth showing as a reference to the cynical nature
of these allegations.
In the preamble to the specific charges, there are constant references
to the "Autonomous Province of Kosovo"; right away, when I read
this, I was suspicious: how could a so-called legal body refer to Kosovo
as an "autonomous province" on May 22/99, the date of the ICTY
indictment? Autonomy for Kosovo was the main topic at Rambouillet, but
there was never any final agreement on the status of Kosovo. There was
no legal establishment of autonomy for Kosovo; that the ICTY would refer
to Kosovo as such is wrong and casts doubt on its' subsequent statements.
Under (90) in the ICTY indictment, we have this: "Beginning in January
1999... [the 5 accused] ...planned, instigated, ordered, committed, or
otherwise aided and abetted in a campaign of terror and violence directed
at Kosovo Albanian civilians living in Kosovo in the FRY..."
Again, without offering proof, the ICTY indictment alleges "ethnic
cleansing"; the two problems I have with this statement are: (a)
the UN states approximately 700,000 Albanians fled Kosovo during the 11
weeks of NATO bombing, but how did these same 700,000 avoid the so-called
"ethnic cleansers" for the 11 weeks leading up to the bombing?
These 700,000 lived in their homes, not in hiding, in Kosovo and were
untouched by the Yugoslav government before March 24/99- hardly victims
of any government-sponsored " ethnic cleansing ", as the indictment
alleges. (b) The
obvious point is that if this "ethnic cleansing" was done to
"...ensure continued Serbian control over ...[Kosovo]..." (in
#91 of the indictment), then surely Milosevic and the other accused would
have moved the approximately 1.5 million Serbian refugees from Croatia,
Bosnia, etc, currently in
Yugoslavia into permanent residence in Kosovo as some sort of resettlement
program. With 700,000 Albanians still able to flee their homes in Kosovo,
it is very likely that "continued Serbian control by means of ethnic
cleansing" was not an issue - at least not on May 22/99, the date
of this indictment.
I'm sure readers will find many such "facts" in this indictment;
I've only listed a few to show the political nature of this ICTY document.
This UN-sponsored attack on Yugoslav leaders is neither factual nor credible
with even the most perfunctory glance at its contents - including the
Racak
incident:
(98)a "On or about 15 January 1999 in the early morning hours the
village of Racak... was attacked by forces of the FRY and Serbia. After
shelling by... [government/Yugo] units, the Serb police entered the village
later in the morning and began conducting house-to-house searches. Villagers,
who attempted to flee from the Serb police, were shot throughout the village.
A group of approximately 25 men attempted to hide in a building, but were
discovered by the Serb police. They were beaten and then removed to a
nearby hill, where the policemen shot and killed them..."
"...a group of 25 men...": A group of 25 men attempted to flee
the Serb police, leaving their wives, children, family relatives, etc
behind? And all 25 attempted to hide in the same building? And the building
wasn't the mosque in Racak, the one place you would surely take yourself
and your family if
you really were looking for security. Shells falling all around you, police
going door-to- door, and all 25 of you run to the same place and leave
all your loved ones behind?
Depending on the source, I've read that the population of Racak in Jan
1999 was anywhere from 400 to 1400 inhabitants. Even using the minimum
number of 400, there were surely more than 43 males in Racak on Jan 15,
1999. Why were only these 43 males "singled out", as the ICTY
indictment alleges? (ICTY indictment lists 43 males and 2 females as victims
of Yugoslav government atrocities at Racak in the specific charges against
Milosevic, et al).
The ICTY charges allege the village of Racak was attacked by Yugoslav
government shelling; and yet, as you will see in future sections of this
analysis, there is not one civilian casualty listed as dying in their
home. Rather odd that "indiscriminate" shelling against a surprised,
unwarned population should produce not even one death.......
If you will notice, in the details of the ICTY charges re: Racak, there
is not the "customary" allegation that the "Serbs"
separated the women and children from the males; apparently, they had
already separated themselves........
One last point in this section of the report: if you check the list of
alleged civilian "victims" in the ICTY indictment, you will
notice a curious fact: the list of 45 is categorized by name, approximate
age, and sex. This indictment was made public on May 22/99, more than
4 months after the alleged
atrocities occurred; and after this much time for Louise Arbour to investigate,
her team could only come up with half of the approximate ages - 23 of
the 45 listed in the indictment have no approximate age, which seems inconceivable
given that all 45 have names and supposedly were ordinary residents of
the village. The ICTY could find no one in Racak to give an approximation
of age for over half of the alleged victims? Surely, someone must have
known the roundabout ages of these people. For instance, in the ICTY listing
of the next four charges, all having dates of occurrence after March 24,
the start of NATO bombing, (alleging atrocities at Bela Crkva, Velika
Krusa, Dakovica, and Crkolez), we find a list of about 185 alleged victims,
with approximately 176 with full names, approximate ages, and sex. Obviously,
a full ICTY investigation could not have occurred during the NATO bombs,
and yet only 9 of 185 post-NATO bombing "atrocity" victims could
not be positively recorded with approximate ages.
The Forensic Reports - Helena Ranta
Part A:
In this section, we'll see the nature of the EU forensic evidence along
with the public comments of the lead pathologist involved in this report,
Dr. Helena Ranta. As always, read the information carefully and see if
you feel that the forensic evidence detailed in the EU report justifies
a claim of an atrocity at Racak.
Subsequent reports on this site will detail witness reports, other forensic-evidence
comments by those involved in the autopsies, etc: this edition will only
focus on the comments of the nature of the forensic evidence presented
to the EU by the pathologists themselves. As I stated in the introduction
a few days ago, there was no record of either the actual Ranta forensic
results, nor a record of the Yugoslav/Belarus forensic results, that I
could find on the Internet.
Dr. Helena Ranta and her team of pathologists were already in Yugoslavia
when the incident occurred at Racak; she was there to investigate the
alleged atrocity scenes at six other locales, three of which were supposed
to contain the remains of slaughtered Serb civilians, and three other
sites which supposedly contained the remains of non-Serb civilians. When
she finally did arrive in Pristina to join two other teams of pathologists
headed by Dr. Sasa Dobricanin (Yugoslavia) and Dr. Vladimir Kuzmicov (Belarus),
16 bodies had already been autopsied by the Dobricanin/Kuzmicov teams.
In her written statement presented at a press conference on March 17/99
(one week before NATO bombing began and one week after the release of
the Dobricanin/Kuzmicov forensic report by Serbian State Prosecutor Dragisa
Krsmanovic) coinciding with the release of her forensic report, Ranta
agreed that "...with respect to these [16] corpses, the EU experts...
[could] ...verify that the work [by Dobricanin/Kuzmicov et al.] had been
done properly..."
In her statement, Ranta also comments on the fact that 40 bodies were
investigated by the various teams in Pristina. (not 45 as detailed in
the subsequent ICTY indictment of Milosevic and four of his aides) - again,
the numbers tossed around in regards the incident at Racak Jan 15/99 vary
wildly from source to source: one full week after this so-called "atrocity",
OSCE was quoted as claiming 37 non-combatants were found dead, the US
45 non-combatants, and some Albanian sources 51 non-combatants. So we
have numbers of 37, 40, 45, and 51; I don't think the variations are a
question of mathematical ability. This is one of many indications of tampering
at the scene before the securing of the site by Yugoslav investigators,
one of many examples of an ongoing theme in the so-called "investigations"
of Yugoslav government "atrocities"; some recent examples of
this include the massacre of 14 Serbs in Kosovo which were "investigated"
by a team of experts which did not include even one Yugoslav government
pathologist. As well, in July/99 KFOR had information on a mass grave
containing Serb civilians at Gnjilane, which they waited one month to
disclose publicly.
Ranta also claimed in her statement that the circumstances of death of
the 40 bodies had to be relied upon from OSCE and EU observers, as well
as the media; this comment baffles me for two reasons. First, Ranta apparently
made no attempt to consult with the Yugoslavian government as to their
version of events- either with the Yugoslav army and/or with the Yugoslav
police, both of which took part in the operation. Secondly, ALL observers
at the scene during the incident at Racak describe a battle between the
KLA and the Yugoslav forces; this includes the written press, TV journalists
who filmed the operation, and OSCE observers as well. NO ONE from this
group is on record as describing a "massacre" as having taken
place.
Dr. Ranta's observation in her written statement that "....there
were no indications that the people... [autopsied were] ...other than
unarmed civilians..." is all the more puzzling given the fact that
TV cameras (from AP news services), OSCE, print media, etc. at Racak on
the day and times in question, all detail the operation of a police encirclement
of KLA positions and a subsequent gunfight initiated by the KLA themselves,
who fired first. More on this in later in the report; for now, I'm raising
these facts to show that if Ranta did indeed rely on all these witnesses,
why is her conclusion that the dead were "unarmed civilians"
the exact opposite conclusion of all the filmed, written, and publicly
proclaimed records/comments of all the neutral witnesses? (and other pathologists
as well)
Not once in her statement does Ranta make a reference to the fact that
OSCE observers were witnessing the events at Racak, as were television
cameras and print media. Also not mentioned in the Ranta report is the
fact that these observers were at Racak because they all had been INVITED
BY THE YUGOSLAV POLICE THEMSELVES a few hours before the operation began.
I mention all this because the point is that any "moral high ground"
claimed by NATO countries and their bombers would have been sorely tested
had Western media chose to report with authority just this one fact of
an invitation by the Yugoslav police forces- who would have believed in
a government atrocity at Racak had this fact of an invitation-originally
denied by OSCE - been publicized by most of the Western press? (some French
media and Yugoslav media ran reports of this; I could find not even one
mention of this invite in any mainstream North American newspaper before
the NATO bombing). Ranta was aware of the invitation, but chose not to
mention this in her statement. Do you think NATO would have bombed on
March 24 had they been confronted with embarrassing questions regarding
an invitation to a massacre by the killers themselves?
There are other points in the Ranta statement that are puzzling as well.
For instance, she writes that to search for gunshot residue (GSR) on the
40 bodies, the best method available is to use a Scanning Electron Microscope
with an Energy Dispersive X-Ray analyzer ( SEM/EDX); test samples on the
bodies Ranta claims she investigated with this method proved negative,
which weighed heavily in her estimation leaning towards the dead bodies
found at Racak being non-combatants.
When I checked SEM/EDX under a simple Netscape search, I found the following:
DETECTION OF GUNSHOT RESIDUE, FORENSIC PATHOLOGY INDEX, NETSCAPE
"For these methods [SEM/EDX] , samples must be obtained from the
skin surfaces of a victim AT THE SCENE [capitals/brackets mine]. Delay
in
obtaining residues, movement [of bodies], or washing ...will diminish
or DESTROY gunshot residues..."
The test samples by Ranta were not obtained from the bodies at the scene
in Racak; Ranta did not start analyzing the bodies until 6 days after
they had died; the bodies, as Ranta herself points out in her statement,
were both moved and turned over; also, the shoes of some of the bodies
had been removed and all 40 bodies were only recovered by the Yugoslavs
after others had assembled and subsequently displayed the dead in the
mosque at Racak. There is every likelihood that the bodies were washed
before public display as well.
How could the method used by Ranta to detect gunshot residue have any
validity? Every necessary precondition for the successful usage of the
SEM/EDX on the bodies was violated before the tests could even be conducted
by this method. And Ranta was aware of this; in fact she mentions all
of them in her statement!
This is "evidence" for the ICTY?
There are also these simple comments from the same Netscape page:
"A rifle or shotgun may not deposit GSR on hands". "Determination
of the range [distance between killer and victim] may be particularly
difficult [to ascertain]."
Ranta also states that "...medicolegal investigations [such as scientific
analysis of bodies] cannot give a conclusive answer to the question whether
there was [in fact] a battle [between the police and insurgents]...",
but she leans towards the victims being non-combatants in part because
"...no ammunition was found in the pockets" of the bodies she
investigated. However, she leaves out the fact that, in front of TV cameras,
OSCE observers, and the press, the Yugoslav police found, after just a
few hours of searching, the following items in Racak on Jan 15/99:
Le Figaro, Jan 23/99: 1 12.7mm heavy artillery gun, 2 hand-held artillery
pieces, 2 sniper rifles, and about 30 Chinese-made Kalashnikov rifles.
Srpska Mreza site: 1 12.7mm Browning heavy artillery piece, 2 hand-held
artillery pieces, 36 automatic rifles, 2 sniper rifles, ammunition, hand
grenades, radio transmitters etc.
Most other press detailings approximate the same numbers as the two sources
I've given for examples.
Also absent from Ranta's reported statement is any indication that Racak
was indeed a KLA stronghold, with this terrorist group having a base near
the power plant in Racak. If Ranta really used "the media",
as she says, to make some of her determinations, then why was "no
ammunition in the pockets" used by her in determining that the victims
were probably non-combatants, but that AP film footage, OSCE observers
at the scene at during the fighting, police reports, Racak as a KLA center,
and the confiscation of huge amounts of artillery at such a small village
in just a few short hours, not used?
Note that the EU, and the University of Helsinki, have both labeled Ms.
Ranta's' comments made public Mar 17/99 comments as her personal opinion;
Ms. Ranta herself states in the report that she cannot conclusively show
a "massacre" had in fact occurred.
My question is this: what did NATO find out about Racak after March 17
(the date of the EU release of the Ranta report) and before March 19 (the
day OSCE withdrew its observers from Yugoslavia) to prepare for its bombing
of 2000 civilians starting on March 24?
Part B:
One of the more obvious points in the Ranta report is that there is no
mention of a return to the "crime" scene by the Ranta team.
I find this perplexing because Ms. Ranta made much of the fact that there
was no evidence she could find to support the theory, and the comments
of many of the interviewed neutral witnesses, that most of these 40 dead
could have been KLA fighters deployed against government forces on Jan
15/99 in Racak.
Also, the EU commissioned Dr. Ranta and her team to do the study on the
bodies found at Racak; OSCE itself, which had asked the EU for assistance
in the forensics study of the bodies, stated that there were only 37 bodies.
Numbers of bodies ranged from 22 to 51 depending on who was doing the
public commenting; this alone should have been a warning to Ranta that
something about this so-called "crime" scene was not right,
and that at least one exploratory trip to Racak was necessary.
Dr. Ranta herself comments in her report on "body count" discrepancies,
yet somehow did not feel the necessity for a visit to the area in which
the bodies she autopsied were supposedly found.
As well, Ms. Ranta in her March 17/99 statement on her findings laments
the fact that there was no "chain of custody" from the site
of the bodies to EU hands; this, coupled with Ms. Ranta's observations
that many of the bodies had been moved and/or turned over should have
lead her and the rest of her team to at least acknowledge that gunshot
powder residue may have been removed from the bodies autopsied by the
simple fact that these bodies were repeatedly handled before she and her
team could analyze them. In her statement one week before NATO attacks
on Yugoslavia, there is no mention of this possibility - a possibility
at least as likely as her conclusion that these 40 dead appeared to be
non-combatants, and a possibility which would fit the known circumstances
at Racak on the day in question.
The Ranta statement of her teams' forensic findings also mentions that
the "victims" (her words - again contradictory; how could Ms.
Ranta not be sure, as she says in her statement, that there was a massacre
at Racak and yet call these people victims?) wore several warm jackets
and pullovers - entirely consistent with people who have been living/operating
in outdoor conditions, but hardly consistent with "victims"
having just been pulled from their homes and summarily executed. The Ranta
statement also points out that no ammunition was found in the pockets
of the dead, and that in her opinion it would have been very unlikely
that clothing could have been switched (i.e. from KLA uniforms to civilian
clothing to fabricate an atrocity site) because of the way in which the
entry holes of the bullets lined up as well as her study of the coagulated
blood of the bodies.
Again, this is very strange because she does not consider the possibility
that any KLA uniforms worn over these several layers of clothing could
have been removed - even though she found that most if not all of the
bodies had been moved and their positions after death altered in some
way. This is entirely possible given the known circumstances of both the
bodies and the events at Racak on Jan 15/99; the bullet holes between
the clothing and the bodies would still line up, and the results of her
teams' study of the coagulated blood would just as easily be consistent
with uniformed bodies as without.
Another not-mentioned in her report, but well-known fact, about gunshot
residue, is that even repeated firing of a weapon does not always produce
any traces on the hands of the shooter; according to "Firearms Investigation
Identification and Evidence" (Hatcher, Jury, and Weller):
"...the fact that in a great many instances one may fire a revolver
or pistol without leaving any trace of gunpowder on the hand which may
be detected by this test." (for nitrates, a component in gunpowder).
Again, no mention of this in her report that leans towards "non-combatants"
as the probable status of the dead bodies she and her team analyzed.
As stated, Ms. Ranta decries the use of the paraffin test in gunshot
residue tracing in her report, instead relying on the SEM/EDX method for
determining "metallic content", as she puts it. This is simply
a misleading statement for at least three reasons; first, the Dobricanin/Kuzmicov
analysis did not include a paraffin test, as Dr. Dobricanin himself has
stated. Secondly, "metallic content", as Ranta puts it, should
include tests not only for nitrates, but for barium and antimony as well-
unlike nitrates, two other components found often in gunpowder but rarely
found otherwise in the environment. No mention of the fact that the paraffin
method of testing for gunshot residue is almost universally used, when
applied, for the detection of nitrates only, but not for either barium
or antimony. And thirdly, Ranta states that when SEM/EDX test results
were finalized by her team, the determination of metallic content proved
"negative" for the collection of nitrates from the hands of
the dead bodies at Racak.
THIS IS ABSOLUTELY IMPOSSIBLE; nitrates are a very common compound found
in laundry products, cigarettes, fertilizer, some food, etc etc - and
in a rural community such as Racak, all of these were in abundance and
should have been detected. Given that nitrates are a common component
of gunpowder, if Ranta did in fact find nitrates on the bodies, how could
she exclude the possibility that the dead were fighters? And how is it
possible not to find nitrates in your collection of "metallic content"
given the known circumstances and way of life for those living in Racak?
Another telling point is that from the first moment that the bodies were
being autopsied in Pristina, at least 2 OSCE observers were present at
all times, even before the arrival of the Ranta team. At no time did any
of the Belorussian or Yugoslav or subsequent EU pathologists have access
to the bodies in question alone; besides the OSCE observers, all of the
pathological procedures were filmed and photographed; Ranta herself took
3000 photographs and ten hours of video footage. If all procedures and
methods were agreed upon, as Ranta states, and if the entire autopsy scene
was constantly secured and recorded, then all parties must have found
the same things together using the same methods. There would be no chance
for anyone to add or subtract any physical evidence. How do 40 bodies
NOT show traces of nitrates, at the very least, when they have been exposed
to them their entire lives? And how do 37 of these same bodies show gunshot
residue in the reports of two other forensic teams?
Also not mentioned in the Ranta statement are numerous other telling
signs of a non-massacre:
(a) The 40 bodies analyzed were killed by gunshots FROM DIFFERENT DIRECTIONS;
hardly the kind of thing one would expect from the rounding up of males
and their subsequent "executions". Ranta claims in her report
that the bodies were "most likely" shot where found. More than
20 were "found" in a ditch on the outskirts of Racak nearby
KLA entrenchments and positions on the day of the Yugoslav police operation.
How do you round up and execute 20+ people in a ditch near enemy positions
and under constant mortar/rifle fire? From different directions? These
determinations were made by both the Dobricanin and Kuzmicov teams in
conjunction with Helena Ranta and her experts as well.
(b) All the dead bodies analyzed were killed by firearms shot from various
distances, including the group of approx. 20 bodies found near a ditch
(hardly a sign of an execution). This conclusion was reached by both Dobricanin
and Kuzmicov and their respective teams of pathologists - and the methods
used by them to determine this was in fact stated by Ranta in her statement
Mar 17/99. To quote:
"After a demonstration autopsy, all agreed upon common methods and
procedures."
Again, hardly a sign that 20+ bodies were "massacred" (a term
much used by many Western governments and NATO to describe the events
at Racak) - does anyone believe that more than 20 men just happened to
leave their wives and children and relatives behind during an eight-hour
battle,
with mortars and gunfire exploding practically nonstop, to seek refuge,
unarmed, in one building, (as the ICTY indictment of Milosevic and four
others stipulates) only to be lined up in a ditch under heavy enemy fire
and executed at a distance from different directions?
(c) Many KLA fighters do not wear identifiable uniforms and in fact wear
civilian clothing during their "operations"; Ms. Ranta knew
this, but instead chose in her report only to state that the bodies bore
no identifying badges or insignias. I find that comment most disturbing
because in her statement Ranta claims that this also led to her conclusion
that the bodies autopsied from Racak were "most likely" unarmed
civilians; while Dr. Ranta states that she and her team relied exclusively
on reports from both OSCE and the EU in determining the circumstances
of death for those bodies. She has somehow left out of her report any
knowledge or information on non-uniformed fighters the head of OSCE in
Yugoslavia at the time, William Walker, made previously to Representative
Joseph Moakley, D/Mass.
"Anyone can get uniforms. The fact that they [the killers] were
dressed in military uniforms was not proof that they are military."
(Wash Post Mar 21/93)
Or that if they are not dressed in uniforms... they might still be armed
combatants.
(d) Lastly, not mentioned in the Ranta statement on her findings is that
despite the fact that she was hired by the EU to do an objective pathological
report in conjunction with Dr. Dobricanin and Dr. Kuzmicov, and despite
the fact that Jan 22/99 was THE FIRST DAY RANTA BEGAN HER
WORK IN RELATION TO RACAK, we have the following: both of which Ranta
was aware of and both of which are missing from her statement one week
before NATO bombing:
From the EU website: Statement by EU Presidency, Brussels, JANUARY 20,
1999
"The political committee reviewed recent developments on Kosovo.
It concluded: The EU condemns the recent massacre in Racak in the strongest
possible terms. Belgrades' response to the massacre is totally inadequate....".
Belgrade's "response" of course, was to try and recover the
bodies for forensic examination.
Here we have the conclusion-massacre- being forwarded before Ranta even
looked at one body.
Also from the EU website, a report dated barely 3 days into the EU pathologists'
analysis also mentions a discussion on Kosovo with EU Special Envoy Ambassador
Petritsch (yes, this is the same Petritsch of Rambouillet "fame")
and the outrage the European Union expresses concerning the "massacre"
at Racak. In this 2158th Council Meeting, General Affairs, Brussels, the
discussion related the EU "position" on Racak et al., put forth
to Slobodan Milosevic in a letter from the President of the Council. along
with a list of demands... (a mini-Rambouillet).
In conclusion, we have the EU which has already stated its conclusions
on Racak as a "massacre" scene, deploying Helena Ranta and her
team of pathologists to conduct an impartial forensic report. Despite
stating that all pathologists involved, including those headed by both
Dr Dobricanin and Dr Kuzmicov, agreed on all methods and procedures used
in the autopsies, Dr Ranta concludes results opposite of findings from
both Dobricanin and Kuzmicov teams. Dr. Ranta, despite the contradictory
body counts which she acknowledges, and the contradictory claims as to
the positions and locations of these bodies, makes no attempt to return
to the so-called "crime" scene to advance further investigations.
(ie blood on the ground, footprints, and their direction, etc). Dr. Ranta,
despite claiming in her statement many instances in which an SEM/EDX test
would not have validity, concludes that the bodies autopsied appeared
to be "non-combatants", based largely on these tests. Dr. Ranta,
in her statement, decries the validity of paraffin testing for gunshot
residue despite the fact that paraffin testing was not even used by ANY
of the pathologists involved. Dr. Ranta, in her statement on her findings,
fails to mention one week before NATO bombs fell on Yugoslavia, that film
crews, print media, and OSCE observers all reported a battle between the
KLA and Yugoslav government forces, and that not one of this group present
at Racak on Jan 15/99 saw anything remotely approaching what many, including
her own employers at the time, have called a "massacre" or an
"atrocity" - despite the fact that Dr. Ranta claims to have
exclusively relied on OSCE, EU, and media reports as to the place and
circumstances of death of these bodies. Dr. Ranta in her statement Mar.
17/99 also opines that "massacre" as a forensic conclusion is
not possible, yet concludes that the 40 bodies found at Racak were victims,
"probably" non-combatants, mentioning their lack of insignias
and badges, despite having in her possession knowledge of a long gunbattle
between the KLA and Yugoslav security forces, in which, from a very small
town, Dr. Ranta found it unnecessary in her comments to acknowledge the
huge amounts of weaponry that was confiscated, all or a part of which
could have been used by any of the subsequently killed villagers against
these security forces.
Finally, Dr. Ranta makes no mention of the fact that the bodies were
shot dead from different directions near KLA positions and offers no explanation
as to how many other pathologists using the same methods and procedures
for evidence-collecting as she and her team used, and approved of, could
in fact declare most of those autopsied were armed combatants, recently
firing their weapons , and subsequently killed in battle.
The EU report comments of pathologist Helena Ranta is located at:
http://www.usia.gov/regional/eur/balkans/kosovo/texts/racak.htm
Other Forensic Studies
So far, these editions on the Racak charges by the ICTY against Milosevic
et al have dealt with the nature of both the indictment and the forensic
report comments by Dr. Helena Ranta who led the EU team in the study of
the bodies recovered from Racak; a week after the Mar 17 disclosure of
Ranta's findings, NATO began bombing Yugoslavia.
Dr. Dobricanin from the Institute for Forensic Medicine in Pristina was
also part of the medical team commissioned by Yugoslav investigating judge
Danica Marinkovic, as was Dr. Kuzmicov from Belarus; together they led
a team of experts examining the Racak bodies; the first 16 bodies were
studied by the Dobricanin/Kuzmicov examiners, while the last 24 bodies
were studied by all the pathologists including those headed by Dr. Ranta.
Dr. Dobricanin has made the point in various interviews that OSCE observers
were always present during the autopsies, constantly videotaping, even
before the arrival of the Ranta team on Jan 22/99. Dr. Ranta herself has
confirmed that the forensic work of the teams doing the study of the first
16
bodies analyzed was done properly. Drs. Dobricanin, Kuzmicov, and Ranta
have all confirmed in various statements that all pathologists agreed
to common methods and procedures for their forensic studies.
The findings of the Dobricanin/Kuzmicov teams re the bodies recovered
from Racak were made public March 10/99 by Serbian State Prosecutor Ms.
Dragisa Krsmanovic. According to this report, the Dobricanin/Kuzmicov
teams detected nitrates (one of the components of gunpowder, but also
one of the components of many everyday items such as tobacco, laundry
soap, etc) on 37 out of the 40 bodies they analyzed. The report found
no mutilation of the bodies either before or after their deaths; all injuries
were from weapons fired from various distances, and no injuries were discerned
from weapons discharged at close range. The Yugoslav forces at Racak on
Jan 15/99, were responding to fire from KLA positions.
This is at great variance to the Ranta team comments as to their findings.
Before we go any further, it should be noted that some may feel that the
Dr. Dobricanin and Dr. Kuzmicov-led teams had intentionally set out to
"find" evidence in support of the dead bodies being either combatants
and/or
caught between either KLA-or-Yugoslav gunfire; tensions at the time were
heightened in lieu of the forensic findings- just days after the discovery
of the bodies at Racak, we have these comments:
From Louise Arbour: "Now is the time for action."
From Javier Solana: "A devastating massacre of Albanian civilians..."
From William Walker (head of OSCE): "I can describe what I saw as
a massacre."
In addition, 400 NATO aircraft were put on alert. Despite this, the credentials
of both the Dobricanin and Kuzmicov teams, comprised of experts from Nis,
Novi Sad, and Belgrade amongst others, cannot be questioned. Dr. Ranta
herself confirms this by noting the level of co-operation and
professionalism she and her team experienced in Pristina while helping
to study the Racak bodies; as well Dobricanin is not intimidated by his
employers nor his president. It was Dr. Dobricanin who signed a death
certificate released April 21 1995 by the Institute for Forensic Medicine
in Pristina, confirming that Sabit Islam Vllahia (born 1940) had died
a violent death while in Yugoslav police custody (Mors Violente), confirming
what ethnic Albanian doctors, Vllahia's relatives, and others had suspected.
Mr. Vllahia had been arrested December 18 1994 in regards to arms possession.
It does not appear that Dr. Dobricanin would include anyone in his team
of pathologists that would fabricate information for anyone, and is obviously
not afraid of doing his job and publishing his findings.
Dr. Dobricanin has been adamant in his public statements and in his findings;
no massacre, no "execution-style" wounds (made from a killer
while their victim is on his/her knees), no blindfolding, no binding of
the bodies at the wrist at the times of death, all injuries from a distance
and resulting
from firearms, no pattern in the bodies of entry/exit wounds (i.e. all
died from gunshots from different directions as well), no mutilation of
the bodies before or after death (many of the pathologists and/or their
respective governments had, before full examinations of the bodies, speculated
that some tampering with the bodies had occurred before analysis; both
Ranta, Dobricanin, and Kuzmicov concur that other than the wounds which
caused death, only biting and tearing from small animals were discovered
on the bodies), no torturing of the found bodies at Racak had occurred
before death, etc etc.
A typical quote from Dr.Dobricanin (during the first stage of analysis):
"Not a single body bears any sign of execution....the bodies were
not massacred..." (BBC, Fri Jan 22/99)
Earlier in the report I have mentioned that I have not been able to use
the actual forensic reports of any of the pathologists (where are they?);
however, Dr. Dobricanin has seen the final Ranta report and comments that
Ranta's opinion that the dead bodies were probably non-combatants WAS
NOT FOUND IN HIS COPY OF HER REPORT.
As to the method of testing, Dr, Dobricanin has been quoted more than
once as saying that his team, nor the team of Dr. Kuzmicov (nor the team
of Ranta, as she herself confirms in her comments on the forensic analysis
done by her team), removed powder particles with the "paraffin"
method;
rather they used a foil followed by a chemical analysis of the contents
on the foil - a method that has been used all over the world for a number
of years, according to Dobricanin. Because of this, Dr. Dobricanin has
been at a loss to explain why Ranta has derided the paraffin method, which
was not used, in her comments of her report made public by the EU.
Dr. Dobricanin states that he recovered gunpowder traces from the fingers,
palms, and above-palm areas, of the hands of 37 out of 40 bodies studied.
This has helped him to conclude that almost all of the bodies found were
recently armed and had fired their weapons shortly before death.
In an interview with Politika on Mar 19, Dr. Dobricanin was also quoted
as saying that the Ranta team DID NOT EVEN TAKE SAMPLES FROM THE HANDS
OF ANY OF THE BODIES.
Dr. Vujadin Otasevic, part of the forensic teams analyzing the bodies
recovered from Racak, also asserts that none of the pathologists found
any sign of torture; only mutilation wounds from small animals after death
were found. Dr. Otasevic also comments on the fact that various types
of drugs
and amphetamines were found in some of the bodies; he states that the
Ranta team did not sign the common report of Dobricanin/Kuzmicov because
they told him they wanted to run final blood checks at the University
of Helsinki. Dr. Otasevic also concurs that there was no massacre.
Finally, Dr. Kuzmicov from Belarus also has been heavily quoted in relation
to the forensic results. Dr. Kuzmicov and his team found results including
no slitting of throats, no signs of torture, and no signs of a massacre.
Dr. Kuzmicov states that his team determined causes of death, how they
died,
(i.e. from weapons fired), distance from the weapons fired to the bodies,
directions from which the weapons causing death were fired, types of arms
used to cause death, etc.
Dr. Kuzmicov also comments on the fact that practically all bodies found
were dressed in several pairs of pants, shirts, and other warm clothing;
he states that many packets of cigarettes were found nearby, as well as
other items suggesting life in cold, hard, outdoor conditions. Dr. Kuzmicov
also
states that his team and the Dobricanin team, together, signed the final
report (with English translations as well), but that Ranta's team did
not sign because they told him they wanted more time.
This concludes the forensic study re bodies found at Racak. Again, the
events of Jan 15/99 are the basis for the only specifically-dated charge
against Milosevic and four others by the ICTY, before the bombing attacks
by NATO. As we shall see in future editions, nothing in the EU-released
forensic report mentions the KLA by name, nor the fact that Racak was
a KLA-stronghold on Jan 15/99; nor is there any mention of the fact that
the bodies were killed by firearms shot over various distances and from
different directions- nor is the fact that the print media and TV cameramen
were both invited by the Yugoslavs themselves hours before the police
operation at Racak.
Nor is their any mention of this in the ICTY indictment.
What Really Happened Jan. 15, 1999 at Racak: The ICTY Version
According to the ICTY indictment against Slobodan Milosevic and four
others, dated May 22nd, 1999:
(28) "In one such incident on Jan 15, 1999, 45 unarmed Kosovo Albanians
were murdered in the village of Racak...."
(98)a "On or about 15 January 1999 in the early morning hours the
village of Racak ...was attacked by forces of the Federal Republic of
Yugoslavia.... After shelling by [government/Yugoslavia] units, the Serb
Police entered the village later in the morning and began conducting house-to-house
searches. Villagers who attempted to flee from the Serb [M.U.P.] Police,
were shot throughout [Racak]. A group of approximately 25 men attempted
to hide in a building, but were discovered by the Serb Police. They [the
men found in the building] were beaten and then were removed to a nearby
hill, where the policemen shot and killed them...."
I have discussed the "merits" of this version of events in
previous Racak editions: to elaborate on the most obvious discrepancies.
(a) "Group of 25 men" apparently left their wives, children,
and other relatives behind to hide- all together- in one building, unarmed
civilians running from their families when they are needed most.
(b) "The village of Racak... was attacked by... shelling from...
[government/Yugoslavia] units...", makes no mention that Racak was
a KLA-stronghold and the sight of many previous- and- post police operations;
for instance, in the charge cited in the ICTY indictment, nothing is said
concerning the huge amounts of firepower confiscated from these "villagers"
nor does the charge refer to the established KLA base near the Racak power
plant. All witnesses to these events at Racak on Jan 15/99 refer to the
KLA attacking the Government of Yugoslavia forces (who had surrounded
the village of Racak looking for the murderers of numerous policemen and
civilians in and near Racak staring in the summer of 1998), from trenches,
barricades, and other fortifications, using automatic weapons, hand-held
missile launchers, hand-held grenade launchers, etc. All this firepower
from "villagers" available on very short notice and who were
suddenly surprised by an unannounced police operation . With so many people
moving in and out of Racak, it would be difficult to pinpoint an approximate
population count, which is why we have estimates recorded of between 400
and 1400 inhabitants. Obviously, Racak on Jan 15, 1999 was not a quaint
little village with a fixed or nearly fixed number of full-time residents.
As well, I find it unusual that the ICTY indictment pertaining to Racak
does not mention that ALL residents were not running from the shelling;
only the males were. I'm sure homes in Racak consisted of men, women,
and children - and yet during this so-called indiscriminate "shelling
of the village of Racak" we find not even one casualty listed as
dying in their home from Yugoslav government bombs; nor is their any mention
of women and children running from the shelling. The Yugoslav government
operation went on for approximately 8 hours; all accounts record vicious
cross-firing and shelling of military positions, but none record civilian
homes as being the targets. Again, curious that this is "missing"
from the ICTY statement of facts.......
(c) As mentioned in previous editions, the Yugoslav government forces
actually invited OSCE itself, TV crews (from Associated Press) and print
media to attend Racak on the day in question; curiously, this fact is
also missing from the version of events in the ICTY indictment.
(d) The ICTY indictment does not list the fact that the KLA fired first,
nor the fact that numerous heavy arms were confiscated after the Yugoslav
forces moved into Racak; in fact, the KLA is not mentioned at all in the
indictment as being stationed in and near Racak on the day in question.
A typical report I found lists as confiscated by Yugoslav police: one
12.7 mm Browning heavy artillery piece, two other hand-held artillery
pieces, 36 automatic rifles, two sniper rifles, numerous rounds of ammunition,
numerous hand grenades, radio transmitters, etc- not your standard fare
in a quaint little village.
(e) No mention is made in the ICTY indictment of the fact that the area
in and around Racak was the scene, as mentioned earlier, of numerous attacks
against both civilians, policemen, and army personnel. The list of attacks
makes it apparent that they were organized and called for some sort of
response by the Yugoslav government. One of the KLA victims was Enver
Maloku, head of the Kosovo Information Center, and a prominent advisor
to Ibrahim Rugova. Some of the others killed included civilians Enver
Gasi (on Jan2/99), Miftar Reseni (Dec 31/98), as well as policemen Sasa
Jankovic (Aug 2/98), Sinisa Mihajlovic (Sept 10/98), Ranko Djordjevic
(Oct 12/98), Nazmija Aluri (Oct 29/98), and Svetislav Przic (Jan 10/99);
on Nov 18/98, the home of Djemalj Batici was burned to the ground by the
KLA As well, there were numerous kidnappings of Albanian and Roma civilians
which were reported in the districts of Urosevac and Stimlje. And on Dec
14/98 in Pec, one month before the police operation at Racak, six youths
were shot and killed, along with many others wounded, in a cafe. Earlier,
in Kosovo, 22 Serb civilians were massacred by the KLA who dismembered
the bodies and burned them in ovens.
Again, this backdrop is curiously "missing" from the ICTY indictment
list of the relevant information relating to the charges, but this same
indictment finds the time to list many general (but no specific) allegations
directed at Milosevic and four of his aides which purportedly occurred
before NATO
began bombing. Again, Racak was not your typical rural village. I have
only listed some of the attacks against civilians and police forces in
that part of Kosovo; other reports, such as the one by Milovan Mitrovic
from the University of Belgrade (Dec 15/98), also lists hundreds of Serb
civilians
alone being kidnapped by the KLA, including farmers, women, children,
health workers, media personnel, etc.
(f) The police operation at Racak on Jan 15/99 was part of a larger operation
including the villages of Belince and Malopoljce, which were the areas
of police presence later that day. Again, no mention in the ICTY indictment
that the operation at Racak was designed to arrest not only KLA members
in Racak ( that is why the Racak was surrounded in the first place ),
but in the other two areas as well. No "atrocities" were reported
from either Belince nor Malopoljce- of course, these two areas on the
day in question were not the scenes of a protracted battle between the
KLA and
government forces, either. For the ICTY to accuse the Yugoslavs of targeting
unarmed civilians only in Racak, but not in any of the other towns, should
have an objective person question why the only reports of "atrocities"
during this multi-town police operation were given by the "residents"
of a town with a base for armed separatists who fired first, and why,
apparently, the Yugoslavs were not interested in killing "civilians"
in any of the other villages.
(g) No where in the ICTY indictment is there a reference to the fact
that OSCE originally denied being invited to watch this police operation;
only after Briton Neal Strachan claimed in an interview in the London
Guardian that he was one of the OSCE members officially invited to witness
the Jan 15/99 police operation at Racak, did OSCE itself concede this.
(h) No mention in the ICTY indictment that 3 different forensic teams
who analyzed the bodies found no evidence to verify that the dead had
been massacred; 2 of those teams positively concluded that in fact 37
out of the 40 bodies analyzed had recently discharged weapons . The ICTY
quotes no forensic report to show that the vast majority of bodies recovered
from Racak were none other than KLA members/supporters killed during combat.
(i) No mention in the ICTY indictment of the vast discrepancies in numbers
of "civilians" killed at Racak on this day; the indictment itself
lists 45 - a Yugoslav police communiqué reached the International
Press Center in Pristina about 3pm Jan 15/99 and lists that 15 KLA members
had been killed in combat; the Albanian Information Center mentions 7
killed. The Serbian Information Center lists 15 KLA killed; another Albanian
source states 8 KLA killed, while OSCE, at that time with William Walker
as the #1 observer in Kosovo, says 37 bodies were found , and that 2/3
of about 20 bodies that were in a ravine, later found to be near one of
the KLA positions, contained victims aged 50 and older. Since the ICTY
itself only lists two, out of which it says were 45 bodies found, over
the age of 50, that in itself should be evidence of something amiss with
the truthfullness of the detail of this indictment, notwithstanding the
fact that somehow Yugoslav forces managed to execute civilians near KLA
positions during a heated battle in the first place. The Americans claim
45 bodies were found (surprised?) while other Albanian sources list up
to 51 bodies found.
The next day, Jan 16/99, the KLA itself claimed to have lost 8 combatants
during the previous fighting, and that the Yugoslavs had locked the women
and children in basements while taking away many male civilians; many
villagers on the day in question claimed that the Yugoslavs had arrested
24 men and OSCE observers IN ANOTHER LOCALE OTHER THAN RACAK were called
to verify this! (why would you not call the OSCE office nearest you?)
The OSCE observers present during the fighting went into Racak and left
soon after, taking with them a couple of elderly people slightly injured
during the battle; the OSCE observers from another locale arrived soon
after in Racak, found no evidence of arrests of males (or anyone else)
by the Yugoslavs, found no evidence of any "massacre", were
not told by villagers of any "massacre" , and went home later
that
night. French observers in OSCE have stated in interviews that they had
no idea other observers from OSCE were called. In other words, two sets
of OSCE teams went into Racak within hours of the withdrawal of Yugoslav
forces, completely unaware that the other was there. And neither team
reported anything untoward. And this is also missing from the "background"
detailed in the ICTY indictment.
This concludes the study of the ICTY version of events, as it relates
to its indictment against Milosevic and four others, specifically regarding
the events at Racak Jan 15/99.
The whole ICTY indictment lacks any perspective or details as to the
nature and truthfullness of its version of events; and, as we shall see
in subsequent editions on the events at Racak, nothing in the indictments'
version of events matches the versions given by all the witnesses to the
entire operation by the Yugoslav forces on Jan 15/99 at Racak.
What Really Happened on Jan. 15, 1999 at Racak: Evidence and Witness
Accounts
This report will focus on the corroborated accounts of witnesses to the
events at Racak on Jan 15/99.
As mentioned in earlier reports, the Yugoslav police operation at Racak
on Jan 15/99 was one part of an overall crackdown on KLA positions the
same day at Belince and Malopoljce as well; Racak itself was the site
of a heavily-armed KLA stronghold near its power plant.
The KLA had been active in and around Racak, committing civilian killings,
house-burnings, and kidnappings prior to the Yugoslav police operation
of Jan 15/99; in fact, since the Oct/98 agreement between President Milosevic
and Richard Holbrooke in Belgrade, and Jan 14/99 - the day before the
police operation at Racak- the KLA engaged in attacks involving 186 civilians
and 413 Yugoslavian government forces, in Kosovo/Metojina alone. As mentioned
earlier, one of those was murder victim Enver Maloku, at the time head
of the Kosovo Information Center and a close advisor to Ibrahim Rugova.
The Yugoslav police and army forces surrounded Racak Jan 15/99 as the
first phase in the attempted arrest of KLA members suspected of being
in the area. When the KLA fired on the government troops from fortified
positions, the Yugoslav forces responded. Most reports state the KLA using
automatic weapons, hand-held rocket launchers, and mortars from trenches,
bunkers, and other fortifications in and immediately outside Racak; the
government response was by automatic weapon fire, tanks, and anti-aircraft
guns. The exchanges were steady, intense, and from many directions; most
reports I found mention a 6-to-8 hour battle.
As is well known and corroborated from many sources, TV cameramen from
AP news services, print media, and OSCE were all invited by the government
to witness this particular "takedown" at Racak; Neil Strechan,
a British observer, was one of those present at Racak during the Jan 15/99
operation. Other reports give Gabriel Keller, a former ambassador to Yugoslavia
and at the time the #2 man in OSCE behind William Walker, as also being
present .Some reports also mention two OSCE vehicles as being present
at all times during the fighting, while other reports specifically mention
two OSCE vehicles with US diplomatic plates.
By 8:30am the fighting was already under way, the film crew had been
invited to watch, and OSCE had been notified as well. By 11:30am that
morning the first reports of casualties were being received from sources
on both sides of the battle. Albanian sources were confirming deaths and
damages on both sides, as were government sources. Figures range wildly
on this topic as well; during the day reports of KLA killed run from "several"
to seven to eight to fifteen; the Yugoslav government later reported at
least fifteen killed, among them Mujota Sadik (born 1943) from Malopolje,
who is reported to have headed a KLA faction near Racak along with his
daughter (who was also reported killed), three sons, and his brothers.
As well, Goran Vucicevic from the Serbian Police Forces was reported
injured, and these same reports mention various damage to Ministry of
Internal Affairs vehicles that were taking part in the operation at Racak.
It should be noted that several reports mention that most, but not all,
of the KLA killed were in uniform; fighters in civilian clothes were seen
fighting alongside the KLA. This would seem to be a logical result of
a surprise police operation; once the fighting started, many of those
who were fighting with the KLA probably did not have time to don uniforms.
The government forces eventually made their way into Racak, shortly before
noon. According to every report I could find concerning the contents of
the actual film of the event by AP, Racak was almost totally empty of
civilians by the time these government forces actually entered the village.
But because the KLA was still firing on them, the Yugoslav forces had
to move slowly, from wall to wall, in order to avoid the shooting. The
AP film records no separating in Racak that day of males from women and
children (as the KLA and its supporters claim) by the government forces;
the film records no killing of civilians attempting to flee from the government
forces (as claimed in the ICTY indictment against Milosevic, et al); the
film records no "discovery" of 25 unarmed males in a building
who were beaten, removed to a nearby hill, and shot (also as charged in
the ICTY indictment).
Nor does the AP film show anything, according to all reports of those
who have seen it, other than KLA fighters attempting to kill government
forces followed by the confiscation of huge amounts of artillery and firearms
belonging to the KLA.
As mentioned, OSCE observers were present throughout the operation, watching
along with the press from a safe position overlooking the area. At shortly
after 3pm that day, most reports give an account of an OSCE verifier (some
reports claim it was Gabriel Keller ) contacting the leader of these Yugo
government forces to request a cessation of the operation. Shortly after
3:30pm ( some reports say the last policemen left just before 5pm), OSCE
observers move into Racak to assess the damage and take reports. Some
journalists see two OSCE vehicles, some see three.
At any rate, the only injured removed by OSCE are two elderly men and
two elderly women, around 6pm that day. OSCE is quoted from various sources
as saying that they were unable to evaluate the battle toll at that time.
This is in direct contradiction to the ICTY charge which in the indictment
claims that Serb police shot civilians throughout the village. Obviously,
if there are dead civilians "throughout the village", then OSCE
would have found at least some of them after two and a half hours of "observing".
Not even residents of Racak are reported to have said this - although
in interviews, some of these residents claimed that the Serbian police
went into their homes (during a pitched battle!), separated the males,
locked the women and children in basements, and removed those males to
nearby hilltops where they were executed.
So none of the residents of Racak are reporting fellow villagers being
gunned down in the streets of Racak- an integral part of the ICTY indictment.
As to the claim by these witnesses that they were locked in basements,
how is it then possible to see where " the males" have been
taken to, or that they have been "executed"?
Also note that the print media present throughout the police operation
at Racak and afterwards also give radically different witness accounts
as compared with the ICTY indictment list of facts.......
Probably the most telling fact about these Racak residents "witness
accounts" is that not one of them could either direct OSCE on Jan
15 to the site of these "executions" immediately after the cessation
of hostilities, nor later that day when A 2nd TEAM OF OSCE OBSERVERS WERE
SENT TO RACAK. Believe it or not, this 2nd team was dispatched because
of phone calls to an OSCE detachment IN ANOTHER LOCALE- not the nearest
OSCE post! This second team responded to claims that 24 male arrests by
the Serbian police had been made earlier in the day at Racak.
This second team of OSCE verifiers, independent of the first (as some
of the French members of OSCE, unaware of a second team, confirmed during
interviews with the newspaper Liberation), found no evidence of arrests,
were not directed to any "atrocity" site, saw no gunned down
or locked-up villagers, and in fact saw nothing untoward and went home
later that night.
Strange that the first OSCE team into Racak, there since the early morning,
could not "evaluate the battle toll" with, supposedly, bodies
strewn everywhere; equally strange is the evaluation of the second OSCE
team, independent of the first, and from another locale, that nothing
worth recording had happened and subsequently left.
Strange that on Jan 15/99, no one in Racak, population 400-1400 (depending
on which source you check), could bring anyone from OSCE or from the press
to the site of what William Walker later termed, an "atrocity"-
and for those of you familiar, William Walker is the man to ask when it
comes to "atrocity" expertise. (see his dismal record in Central
America available on many internet sites)
Strange that these same villagers had two different opportunities the
same day to show OSCE the various bodies massacred throughout the village
(according to the ICTY) as well, and yet did not.
Another puzzling fact is that OSCE contacted government forces around
3:00pm asking for a cessation of hostilities; this would give so-called
"executioners" of these government forces half an hour to confiscate
all the weapons they found, lock all the women and children in basements,
round up all the remaining men, beat them, move them to a nearby hill,
shoot them, then leave before OSCE arrived at 3:30pm. And, they would
have to do this out of sight of cameramen as well. All reports I saw have
OSCE coming in at 3:30pm, with the government forces leaving by no later
than 5pm; certainly such a "crime against humanity" could not
have been conducted while OSCE was there between 3:30pm and 5pm.
And between the late morning, when the first government forces went into
Racak, and 3pm, hostilities were raging so severely that OSCE had to request
a ceasefire - obviously a roundup of males complete with beatings and
executions could not have been conducted during a crossfire.
Another "forgotten" point in the ICTY indictment regarding
Racak is the fact that there were no reported civilian casualties from
indiscriminate government "shelling of the villagers of Racak";
again it is apparent that the Yugoslav government was not shelling the
homes of civilians, but the positions of the KLA, who had fired first
during this attempted arrest operation.
The obvious question: what is the ICTY using to justify their charges
against Milosevic and four others in their indictment regarding Racak?
Certainly not evidence from AP, print journalists, the Yugoslav government,
or even OSCE verifiers at the scene that day.
And certainly not the forensic reports, none of which concluded that
a massacre had taken place on that day at Racak.
The Discovery and Recovery of the Bodies
Two different teams of OSCE personnel were at Racak the day of the fighting;
the first team went in about a half hour after the shooting had stopped,
while the second team, at that time unbeknownst to the first, went in
later on that night. Both teams of OSCE observers failed to find even
one civilian killed at Racak. Both OSCE teams left without being directed
to any so-called "atrocity" site by even one of the residents
of Racak.
But by the next morning, journalists were directed by KLA members to
a dry bed of a stream on Bebus Hill overlooking Racak; there these journalists
found a number of dead bodies in civilian dress. Other bodies were scattered
nearby. Many of the journalists present have remarked upon the absence
of shell casings and blood near these bodies. Some reporters have questioned
why most of these bodies could not be identified by the residents of Racak.
For instance, B92 Daily News for Feb 4/99 remarks that 29 out of the 40
bodies autopsied could not be returned to residents of
Racak because those residents trying to claim the bodies could not prove
their identities as relatives of the dead.
Curiously, one OSCE investigator the morning after the fighting at Racak
claims to have seen 38 dead bodies; OSCE head William Walker, who arrived
shortly after, claims he counted 45 bodies. The French newspaper Liberation
reports 20 bodies in a ditch, with other bodies scattered about.
AP news in the New York Times, Jan 16/99, reports 15 bodies in one ravine
and 8 more in another location.
Once again, we have a "numbers" problem; the number of dead
bodies that the ICTY (which alleges 40) have listed in their indictment
runs contrary to many of the numbers claimed to have been seen by reporters,
OSCE (which claimed, for instance, that 2/3 of the bodies in one area
were aged 50 or more; in the ICTY indictment, only 2 out of 40 are listed
as being 50 years or older), the KLA, etc etc. John Fantini, at that time
head of the Kosovo Verification Mission in Urosevac, claims that members
of his team counted 39 bodies; other editions of this analysis have reported
claims of 37 bodies, 45 bodies, 51 bodies, etc etc.
One thing is certain: if these bodies were execution victims of the Yugoslav
government, they would have had to have been rounded up and marched to
the outskirts of Racak, and killed, in at most 30 minutes, after which
the first OSCE team went into Racak to investigate the outcome of the
fighting. As well, these executions of civilians would have had to have
been done away from the AP film crew which followed and recorded the Yugoslav
government forces as they moved into Racak while still under fire from
the KLA.
Danica Marinkovic, investigating judge with the District Court of Pristina,
made her first attempt to arrive in Racak along with Ismet Sufto, Deputy
District Public Prosecutor; this followed the public pronouncements of
OSCE head William Walker that unarmed civilians had been massacred
there. Ms. Marinkovic could not begin her investigation when she arrived
at Racak because the KLA fired at her from their positions in the area.
OSCE told the judge and prosecutor that they would have to investigate
without an armed guard, as this security was seen as a provocation by
the KLA.
At this time, the Yugoslavs notified Walker that their first investigations
into the incidents at Racak would begin Jan 17/99, starting at 8:00am
and would continue that day until 1:00 pm, with an armed guard being sent
along for everyone's' protection. The Yugoslav government, as they had
done
before their police operation on the 15th, invited OSCE to attend.
During this Yugoslav investigation, the KLA again fired on OSCE, Ms.
Marinkovic and her team, with mortars and other artillery, from various
positions including nearby Petrovo. One of the missiles hit the judges'
car, while others narrowly missed the judge herself. Some reports record
a total of three attempts by the Yugoslav government to recover the bodies
and investigate the "crime" scene, other reports indicate four
attempts. The EU pathologist, Helena Ranta, never did go to Racak.
By Monday, Jan 18/99, the last of the preliminary investigations by the
Yugoslavs had been completed and the bodies, which had been moved into
a mosque in Racak, were loaded into government vehicles for transportation
to Pristina where the initial autopsy studies would begin.
By Jan 20th/99, the EU had officially condemned the events at Racak as
a massacre- despite the fact that the pathologist they asked to do their
forensic study of the bodies ( to determine whether or not the dead had
been KLA combatants in civilian clothing) would not begin her work until
Jan
21st/99.
This would not be the first or last time that the Yugoslavs government
would be accused of "atrocities" or "massacres"- which
is all the more reason that they acted with expediency and tenacity in
recovering the bodies at Racak for investigation. And I can recall some
recent attempts by Western authorities to prevent the Yugoslav authorities
from access to civilian bodies found murdered; AIM news for Sept 3 this
year reports complaints from the Yugoslav government in this regard at
Ugljare. As well, the 14 Serb farmers found murdered under KFOR auspices
recently were autopsied without any government pathologists present. And
at Gnjilane, a mass grave of 15 Serb civilians was found July 24th this
year, while public notification of this took about 30 more days.
Other reports have questioned the authenticity of "massacre"
claims at Racak by pointing to film purportedly showing the mourning relatives
of these executed civilians, relatives wearing black clothing and/or black
mourning beads which these reports say are not a traditional Muslim expression
of grief.
Interestingly enough, the 40 autopsied bodies found at Racak eventually
were returned to the Pristina Institute of Forensic Medicine because despite
Ms. Marinkovic's efforts to turn over the dead to the relatives, no one
would claim the bodies. According to an interview reprinted Feb 5/99 in
Serbia-Info, the judge had notified OSCE, Muslim priests in Racak, and
representatives from the Democratic League of Kosovo as to a time and
place for the Yugoslav government to return the bodies. When Marinkovic
arrived, it was dark and a large crowd had gathered outside of the arranged
meeting place; OSCE, the Muslim priests, and reps from the Democratic
League all agreed that the transfer of bodies to the families should take
place at the Stimlje Health Center instead. When it became obvious that
no one was coming to the health center to claim the bodies, once more
Marinkovic returned with the entire entourage, and the bodies, to the
original agreed meeting place, a Stimlje mosque, to again try and return
the dead for burial. However, none of the crowd was to be seen; Marinkovic
felt she had no choice but to return the bodies to Pristina.
The next day, according to Marinkovic, in front of the Institute for
Medicine at Pristina, a large crowd again appeared. This time, "relatives"
of the "victims" staged fainting scenes and rolled around in
the snow in front of reporters and foreign TV film crews, bemoaning their
inability to claim the
bodies to anyone who would listen- or watch.
The ICTY has apparently not considered any of these facts in their formulation
of the Racak segment of the indictment against Milosevic and four aides.
As well, the discovery of these bodies, the number of which remains in
dispute, coupled with the removal of these bodies away from their
places of death and into a mosque, should have alerted any objective pathologist,
or anyone studying the forensic results, to the exclusion of conditions
that would have made the SEM/EDX test for gunpowder residue not applicable-
a test which the EU team used anyway, under the employ of officials who
declared the Yugoslav government guilty of an atrocity at Racak even before
their own pathology team could begin investigating.
Conclusions
This edition will conclude the analysis of the Racak charge in the May22/99
ICTY indictment against Slobodan Milosevic, Milan Milutinovic, Nikola
Sainovic, Dragoljub Ojdanic, and Vlajko Stojiljkovic. For previous editions
of this analysis.
The ICTY charges that the five above-listed individuals committed both
crimes against humanity and violations of the laws or customs of war on
January 15, 1999 at the village of Racak, Yugoslavia.
Based on the known facts and circumstances, the indictment as specified
by the ICTY fails to provide even a bare minimum of corroborated details
to justify such serious allegations. For instance, the alleged "crime
scenes" at Racak were not controlled by a chain of custody. There
were no attempts made by those who allegedly "stumbled" across
the bodies found at Racak, nor by so-called "independent" international
observers who arrived shortly afterwards, to secure the scene for the
proper authorities; this has led many to conclude that this "crime
site" was in fact a staged event, in which the KLA definitely disarmed
their dead combatants, possibly removed their uniforms, and then presented
these fighters as "massacred" civilians.
This lack of control between the times of death and the eventual recovery
of these bodies for analysis by the proper authorities does in fact open
the possibility of tampering by those, specifically the KLA, who would
hope to provoke other aggressors to action against the Yugoslav government.
This possibility was rejected by the ICTY outright; no where in the indictment
does it mention that what are being claimed as "massacred civilians"
were found by armed insurrectionists.
In an objective court of law, where the accused is presumed innocent,
an unsecured "crime scene", coupled with the fact that those
who allegedly discovered an "atrocity" at Racak, the KLA, were
themselves subjects of numerous national and international arrest warrants
regarding drug
trafficking and systematic murders of civilians, should have rendered
this case as frivolous and therefore unprosecutable. For instance, missing
from the ICTY indictment (and most Western news services on this case,
even today) is the fact that those who have claimed to "discover"
this "crime against humanity", also (a) massacred civilians
on a regular basis (b) used both regularly dressed, and uniformed fighters,
on a regular basis, (c) were, in the hours immediately previous to the
alleged massacre themselves engaged in a heated firefight with the authorities
(d) instigated this firefight by shooting first (e) had a major operating
base near the power plant in Racak (f) engaged Yugoslav
forces at Racak on numerous occasions before Jan 15/99, and since that
date; within three days of the so-called "massacre" at Racak,
those that "found" the bodies again engaged the police with
automatic weapons and mortar fire - this time targeting, but narrowly
missing, those authorities who were involved in the recovery of the bodies
for analysis.
Many Western-court prosecution attempts do not even make it past the
preliminary stage if there is even a hint of tainted evidence and/or an
unsecured crime scene, especially when the potential is present for known
criminals to infiltrate and arrange the scene to embarrass the authorities.
The ICTY knew this yet went ahead with their indictments anyway, as much
acknowledging that the frivolous nature of these charges being exposed
in the long term would be counterbalanced by scoring short-term publicity
points that would "take the edge" off repeated media reports
of numerous civilian casualties of the NATO "smart" bombings.
Besides the criminal nature of those who called the international press
to announce the discovery of "massacred" civilians, we have
to consider the nature and circumstances of most of the dead themselves.
Two teams of forensic pathologists have stated in the report of their
analysis that 37 out of 40 bodies autopsied had recently fired weapons;
furthermore, many of the bodies showed signs of exposure to an environment
of cold, outdoor, living conditions immediately prior to their deaths.
This is in direct contradiction to the ICTY details in their indictment,
which claims that more than half the dead were civilians of Racak who
were hiding in a building in the village, only to be discovered by the
Yugoslav authorities, and that none of the deceased were armed.
Furthermore, according to these forensic reports from two teams of pathologists,
most of the bodies autopsied wore several warm jackets, pullovers, and
pants, and were killed from many different directions and from many distances,
which is consistent with a pitched battle between surrounding forces and
trapped insurgents who are normally dressed for outdoor living conditions.
Again, these facts are not consistent with the ICTY-stated conclusion
that most of the dead were simply innocent villagers rounded up, beaten,
then shot.
A third forensic report was independently filed by Helena Ranta at the
behest of the EU; this report also does not conclude that a "massacre"
at Racak had taken place. But her conclusion that most of the dead were
unarmed at their times of death was largely based on the SEM/EDX testing
method for gunshot residue recovery, a type of analysis whose preconditions
for accuracy were non-existent- preconditions that were a matter of the
public record Ranta also states she " relied upon" in her determinations.
All forensic analysis done on these bodies, and the conclusions of the
heads of three different medical teams, has been omitted in the ICTY detailing
of the charges in the indictment. Furthermore, also missing from the ICTY
indictment is the fact that the EU had already publicly stated its conclusions
before the pathologist they hired, Dr. Ranta, had even begun her testing.
On two separate occasions the EU denounced the "massacre" at
Racak, months before any forensic reports had finalized.
In any Western-style courtroom, a revelation that the prosecution was
not only relying on murderers and drug dealers to boost their case, but
that the judge worked in conjunction with those who had already publicly
stated the defendant's guilt before trial, would result in outcries of
unfairness by the public; no doubt any of those involved would never be
able to work in that field again.
But at the Hague, in respect to this indictment against Milosevic and
four aides, the lead prosecutor is rewarded with a Supreme Court appointment
back home, even before the case goes to trial- while none of the judges
involved have the moral fibre to remove themselves from ruling , based
on the obvious conflicts of interest they themselves publicly admit to.
Also missing from the details of Racak charges in the ICTY indictment
is the fact that any claims of legitimacy by the court willing to rule
on this case eminate from an organization with a built-in select veto,
the UN, itself designed to thwart any democratic or objective renderings
by its members.
The objectivity of a court that owes its existence to an organization
engaged in the implementation of ten years' worth of economic sanctions
against the defendants and their co-citizens also must be called into
question; how can an honest verdict be reached when the judge's employer
has publicly called for the dismissal of the defendants from their elected
positions?
The legitimacy of these charges can also find little solace in the fact
that two separate teams of OSCE observers, one immediately after the cessation
of hostilities between the KLA and Yugoslav forces at Racak on Jan 15/99,
the second again later that same evening, one unbeknownst to, and independent
of the other, failed to find even one civilian casualty, despite the fact
that both had unimpeded, unrestricted access to the citizens of Racak
and more than enough opportunity to be shown the location and other details
of this so-called "massacre".
It wasn't until the next day, after the observers had left convinced
that there were no civilian casualties, that the bodies of "massacred
civilians" appeared. William Walker, OSCE head at the time in Yugoslavia,
personally condemned the site of the bodies as an "atrocity"
scene, despite basing his conclusions on the word of KLA members who had
committed a minimum of 599 documented acts of terrorism against both Yugoslav
forces and civilians in just 3 months.
Both of these details are curiously missing from what is purported to
be an even-handed attempt at justice by the ICTY. Also missing from this
indictment is the invitation extended by the Yugoslavs to both OSCE (which
denied at first, but then admitted), and the press, to report and film
what has been corroborated as a crackdown at Racak on the KLA that day
- part one of a three-part police/army venture against the armed separatists
which also included raids by the government the same day at two other
known KLA strongholds in different locales.
The ICTY indictment fails to list the fact that all reports on what the
film crew from AP news services recorded detail a practically empty village
with Yugoslav forces moving carefully between buildings to avoid KLA mortars
and gunfire. Not one civilian is filmed being arrested, beaten, tortured,
or shot- but the film does show a large confiscation of KLA military hardware
by the Yugoslavs; reports generally indicate 30+ automatic rifles, 2 sniper
rifles, a 12.7mm Browning heavy artillery piece, thousands of rounds of
ammunition, numerous hand grenades, radio transmitters, etc etc.
All of this found in a village with a population of perhaps as low as
400 people. Does the ICTY think that any Western court - the principles
of which are purported to be in the model currently in use at the Hague
- would believe that most of those who died with traces of gunpowder on
their hands in a village with an insurgent base, and such a documented
haul of weaponry from that village, were "massacred"?
That is the problem with this indictment and with these international
courts - the standards applied against Milosevic and his co-accused are
radically different from the standards afforded an accused in any of the
home countries of the judges and prosecutors now in league at the Hague.
The ICTY indictment is so poorly documented that half the "victims"
alleged at Racak cannot be identified by age - this despite the fact that
the ICTY had more than 4 months to discern this. For example, the next
list of specific charges in the same indictment against Milosevic and
four of his aides list a total of 185 "massacred" civilians,
176 of which are listed with names, ages, etc- but those charges were
supposedly investigated during the NATO bombings in Yugoslavia, where
interviewing witnesses, collecting forensic evidence, etc would have been
far more difficult. But this fact of unknown particulars of the dead would
tally with the Yugoslav government's claim that most of those killed were
KLA fighters from many areas engaged in military units; apparently many
of the dead were unknown to the residents of Racak. The indictment is
also riddled with examples of ignorance of the facts, even referring to
"an autonomous" Kosovo - knowing full well that the meetings
between the parties at Rambouillet did not conclude any agreements in
this regard. The indictment also refers to the shelling and bombing of
the civilians at Racak on Jan 15/99, despite OSCE claims, press reports,
the Yugoslav government, and film records to the contrary. Not one civilian
was reported killed at Racak by this so-called "indiscriminate"
shelling of the Yugoslavs.
The minimum pre-conditions necessary for the Yugoslavs to have carried
out a "massacre" of unarmed civilians in Racak were non-existent.
For one thing, OSCE observers watched continuously from safe positions
overlooking the village - at no time did they, or the press, report the
parading of beaten, tortured civilians to the outskirts of Racak for summary
execution. For another, the area where many of the bodies were found was
near one of the KLA positions that day; the alleged Yugoslav government-ordered
executioners would have had to expose themselves to gunfire in that area
in order to commit these acts of which they are accused. No doubt any
"massacre" would have been conducted behind the safety of, or
inside of, a building in Racak, not in open fields near a ditch, as the
ICTY alleges. The time factor-barely at most a few hours to find, round
up, question, beat, march, then execute forty males- also lends criticism
to the purported series of events detailed in the indictment.
And all of this finding, arresting, beating, torturing, marching, and
killing of 40 men would have had to have been done in such a way as to
defy the forensic results which positively indicated no wounds of torture,
beatings, handcuffing, etc were inflicted- and, the automatic gunfire
alleged to have killed these people would have had to come from many different
directions, from many different angles, from many different distances,
and with little or no shell casings and with little or no blood at the
site of this "execution".
The number of found bodies has also been a sad example of the disreputable
nature of this indictment by the ICTY. Publicly, OSCE has at times claimed
37 dead; the Americans, 45; Albanian sources, 51. In addition, OSCE claims
that 2/3 of approximately 20 bodies found massacred outside Racak in a
ditch were over 50 years of age, while the ICTY indictment regarding Racak
lists 2 out of 40 in the same age category. William Walker claims he counted
45 bodies, while earlier-arriving OSCE members only claim to have found
38. This only supports the "staging" claims, not the ICTY indictment
- it is quite possible that at the time the first OSCE arrived the day
after the battle to investigate a discovery of a massacre, only 38 bodies
had been sufficiently "arranged" by the KLA; by the time Walker
arrived, 7 more had been "arranged" as well.
The ICTY indictment regarding Racak also fails to mention any of this;
nor does it mention the faked transcripts of fake telephone conversations
supposedly intercepted by satellites and spy equipment which purportedly
showed orders being given to a Yugoslav policeman to "come down hard"
on the villagers in Racak on the day in question.
I wonder also, for instance, how many British-based judges, investigators,
and prosecutors at the Hague would dismiss themselves from this case as
a result of British Foreign Secretary Robin Cook's claim that, "Our
observers saw absolutely no evidence of fighting" between the KLA
and the Yugoslav forces - this despite the fact that Briton Neal Strechan
of OSCE has publicly acknowledged that he was one of the observers invited
by the Yugoslavs to Racak to watch on the day in question.
This sequence of events seems all too familiar and predictable:
Feb 5th, 1994: 68 die in bombing of marketplace; Serbs accused, UN condemns,
independent reports say no Serbian involvement, soon after NATO supplies
air support to those fighting Serbs
Aug 28, 1995: 37 die in bombing of another marketplace; Serbs accused,
UN condemns, 4 independent military reports say no Serbian involvement,
soon after NATO supplies air support, and heavier bombing, to assist those
fighting Serbs.
Jan 15, 1999: 40(?) die at Racak, Yugoslavia; Serbs accused of atrocities,
UN condemns, 3 teams of pathologists do not conclude any atrocities took
place, soon after NATO supplies air support, and "smart" bombing,
in a campaign claiming 2000 civilian lives in 78 days (and 13 tanks) -
to assist drug-trafficking armed separatists fighting Yugoslav forces.
This concludes the analysis of the Racak segment of the ICTY indictment
against Milosevic and four aides. The patterns and agendas evident in
this specific charge against Milosevic and four aides regarding Racak
are not unique, as has been seen. In case anyone thinks this is simply
an aberration and not consistent with ICTY methods and motives, take care
to note that the president of Yugoslavia and four of his aides are also
charged with crimes against humanity and violations of the laws and customs
of war with regards to events which are alleged to have occured Mar 25,
Mar 26, Mar 27/99 - immediately after the beginning of the bombing aggression
by NATO, when no investigation was possible. Again, that is the point
- it is not the truthfullness of the charges, it is the airing of them
publicly as a coincided effort with cynical Western agendas that determines
the purpose of this ICTY fiasco. And why hasn't this obvious pattern of
propaganda-warfare been exposed by the so-called independant media? Or
the opposition members of the home legislatures of the bombers themselves?
It seems they are all on the same team.
Sources
This completes the study of the ICTY indictment charges against Slobodan
Milosevic, Milan Milutinovic,Nikola Sainovic, Dragoljub Ojdanic, and Vlajko
Stojiljkovic, regarding the events at Racak, Yugoslavia, Jan 15/99.
Regrettably, the actual forensic reports by the teams headed by Dr.s
Ranta, Kuzmicov, and Dobricanin are unavailable through my searches for
them on the Internet, and my repeated requests to OSCE, University of
Pristina, and the University of Helsinki, for these reports. However,
we do have as a matter of public record the statements of the Racak analysis
by these forensic pathologists as well as public statements from individual
members of the teams.
The UN and the ICTY also have been accorded the opportunity to read and
contribute to these reports; so far, they have declined. As well, over
300 Canadian Members of Parliament have had the opportunity to contribute
information and/or rebuttals concerning this analysis of the Yugoslav
police operation at Racak - they have all remained silent thus far.
Thanks to my wife, Danielle Fairlie, for her research, technical and
moral support. Also thanks to Predrag Tosic for his co-operation and direction.
Rade Kuzmanovic and his fellow staff at A.I.M. were also very helpful
and supportive.
Any readers with new information concerning the Racak charges in the
ICTY indictment are welcome to forward them to Predrag at p-tosic@cs.uiuc.edu
or Chris at nibiru@mnsi.net
Remember, Racak is the ONLY DATED CHARGE in the entire ICTY indictment
against Milosevic, et al, before NATO bombings, and this particular allegation
is cited as the major plank in the "moral high ground" argument
used for justification by the bombers.
All information used in these reports has been corroborated.
The following is a list of links citing the internet sources used in
this Racak analysis:
The Jurist - The ICTY Indictment
O.S.C.E. Homepage
McAdams - Paraffin Testing
Firearms Forensic Tutorial - Examination of Gunshot Residue (SEM/EDX)
Serbia-Info - Racak search results
The Strategic Issues Research Institute - The Racak killings, A massacre?
Kosovo Forum - The Racak massacre, A brief for the defense
International Action Centre - The "Racak massacre" questioned
by French media
BBC News - Racak killings: Who says what?
BBC News - Pathologist: 'No Kosovo massacre'
Report of the EU Forensic Expert Team on the Racak Incident
Media Focus - Racak in headlines
TFF Features - NATO's war of aggression against Yugoslavia: An Overview
TFF Features - President Milosevic and 4 other FRY...
Srpska Mreza - The Racak File: Truths and manipulation
Workers World - Kosovo massacre was faked
Liberation 21 - Nine questions concerning the Racak dead
Compuserb - Liar, Liar! - Bill Dorich on Madeleine Albright
SMIP - Facts Re: Racak Police Operation 1/15/99
Kosova Daily Report - Serb Forensic Experts say Albanian was Tortured
to Death
One World Search Engine - Various Links
Human Satto - Various Links
The following links thanks to Rade Kuzmanovic and staff from A.I.M. (
http://www.aim.ac.yu/ ):
http://www.newsroom.co.nz/stories/GE9901/S00082.htm
http://www.euronews.net/en/news/january/19990121/ennews0121e.htm
http://www.mfa.gov.lv/ENG/NEWS/PRESREL/Pr990118-1.htm
http://www.bergenrecord.com/morenews/yugo23199901236.htm
http://www.uk-us-trade.org/BIStext/FORDOM/Balkans/Kosovo/17jan99.stm
http://news.bbc.co.uk/hi/english/world/europe/newsid_260000/260211.stm
http://www.hoosiertimes.com/stories/1999/02/11/news.990211_A6_JFM06074.sto
http://netmarket.fairfax.com.au/news/9901/19/pageone/pageone3.html
http://www.msnbc.com/news/233809.asp
http://www.state.gov/www/policy_remarks/1999/990118_djohnson_racak.html
http://usa.grmbl.com/s19990204g.html
http://www.balkanunity.demon.co.uk/serbia/indexen.htm
http://www.usia.gov/regional/eur/balkans/kosovo/kbkgrnd.htm
http://www.workers.org/ww/1999/kosovo0204.html
http://www.javanet.com/~gbozovic/info.html
http://compuserb.com/walkoute.htm
http://www.srpska-mreza.com/library/facts/albanian-solution.html
http://www.stopthewar.freeuk.com/comments.html
http://www.kauhajoki.fi/~herantam/
http://cnn.vg.no/VERDEN/9903/17/4405.html
http://www.mtv3.fi/uutiset/arkisto/9901/990119/9901190111.html
http://www.iwpr.net/focus/focus07_eng.htm
http://www.srpska-mreza.com/library/facts/albanian-solution.html
Chris Soda, co-manager of YugoslaviaInfo www.egroups.com/group/yugoslaviainfo/
Windsor, Ontario, Canada
nibiru@mnsi.net
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