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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:
- Grave breaches of the 1949 Geneva Conventions (Article 2)
- Violations of the laws or customs of war (Article 3)
- Genocide (Article 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 gov't 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... [gov't/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 gov't 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 gov't
"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 gov't 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 gov't 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 [gov't/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...
[gov't/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 gov't-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 -
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