LONDON
(AP) — It has become a common sight: an elderly, shrunken, hollow-eyed
suspect brought to trial decades after being accused of horrific
war crimes. They may be too aged to fully participate in their defense,
or too debilitated by disease to endure a lengthy court case.
Now it is former Bosnian Serb military commander Ratko Mladic arguing he is too
weak to stand trial. His lawyer said Monday that Mladic, 69, would
die before his trial begins if he is extradited to the U.N. International
Criminal Tribunal in The Hague to face genocide charges. He is said
to have suffered several strokes and to have difficulty speaking.
Time and again, the questions have arisen: Are you
ever too old or too ill to be judged for your past? Are justice and
the public interest served by trying such infirm people? Most experts
say it's justified — arguing responsibility doesn't diminish with
age, especially set against the enormity of the crimes.
"Old age should not afford protection to
people who committed very serious crimes — that's not a defense," said Efraim Zuroff, who pursues elderly Nazi war criminals with the Simon Wiesenthal
Center.
"You have to keep in mind the victims who
deserve that their tormenters are held accountable; the passage of
time does not diminish the guilt."
Mladic follows John Demjanjuk, a 91-year-old retired
U.S. autoworker convicted in Munich this month on 28,060 counts of
accessory to murder. Demjanjuk's lawyers failed to convince the court
that the former Nazi death camp guard was too sick to be tried because
of a bone marrow disorder, kidney disease, anemia, and other ailments.
The age and medical condition of Khmer Rouge defendants
is also a central issue at Cambodia's upcoming U.N.-backed tribunal,
set next month to judge four of the brutal regime's top officials.
The accused, ranging in age from 79 to 85, suffer from a variety
of illnesses.
"To let them walk away because they are
old means they would get away with it," Brad Adams, director of the Asia division of Human Rights Watch, said about
the Khmer Rouge defendants. "They all appear to have some maladies but none of them have such significant
illnesses that they are not competent to stand trial"
He said the Cambodian suspects are accused of masterminding
the slaughter of up to two million people in their own country and
should not be excused simply because they are infirm — or because
it took so long for authorities to track them down.
"The reason they are so old is because
of the failure of the states to track them down and charge them much
earlier," Adams said. "They were living in Thailand and traveling around the world. It was a collective
failure to deal with them."
Demjanjuk's case was one of the most extreme. After
experts examined him, he was found to be fit to stand trial if hearings
were limited to two 90-minute sessions per day.
He was brought to court in a wheelchair and placed
in a hospital bed, where he lay listening to a translator throughout
the proceedings, usually wearing dark sunglasses with a baseball
cap pulled down low over his face. A doctor and paramedics remained
in the court room throughout the trial. Roughly a dozen sessions
were canceled for health reasons, including the need for blood transfusions.
Zuroff said it's imperative to try even ailing war
crimes suspects in order to prevent future atrocities.
"There's also obviously the deterrence
issue — it shows that if you commit a crime like that, that even
many years later an effort will be made to bring you to trial."
And he said Mladic — and others who use this delaying
tactic — are usually not as ill as they claim.
"These defendants become ten times worse
than they really are as part of a public show to try and elicit sympathy," he said.
In Cambodia, International Co-prosecutor Andrew Cayley
said there is a strong public interest in trying the Khmer Rouge
defendants.
"The public here want them tried," he
said. "They want this case done as quickly as possible. After all the four accused are
alleged to have murdered over a million and a half of their own people.
Nobody I know thinks age is a bar to vigorously addressing that fact."
He said the defendants — former head of state Khieu
Samphan, chief ideologue Nuon Chea, former Social Affairs Minister
Ieng Thirith, and ex-foreign minister Ieng Sary — will receive quality
medical care and monitoring during the trial. The top Khmer Rouge
leader Pol Pot died in 1998.
Theary Seng, a human rights lawyer whose parents were
killed by the Khmer Rouge, said the fact that more than three decades
have passed since the atrocities were committed has lessened the
quality of the justice she and other victims will receive. She said
victims are "bracing" for the possibility that one or two defendants will die before a verdict is
reached.
"We are beyond the issues of fairness," she
said. "It's an issue what is the highest quality of justice we can achieve in light
of all the limitations and obstacles in our way. The advanced age
of these four defendants is certainly one of the principal obstacles
to quality justice. From the current standpoint, it's pretty shoddy
justice we victims are getting from the Court."
If Mladic, accused in the 1995 slaughter of some 8,000
civilians in Srebrenica, is ultimately extradited, he would receive
good medical care while detained at the war crimes tribunal in The
Hague, officials said.
Spokeswoman Nerma Jelacic said the tribunal has a
clinic that can provide assistance "around the clock" and can also take suspects to civilian hospitals if needed.
Nonetheless, its most high profile suspect, former
Serb president Slobodan Milosevic, died of a heart attack in his
cell in 2006, forever escaping judgment.
The tribunal's procedures are notoriously slow. The
trial of Bosnian Serb political leader Radovan Karadzic began in
2009 and is still not finished.
Still, Zumra Sehomeriovic, a Bosnian woman whose husband
was killed in Srebrenica, said prosecution of Mladic is necessary.
"This is proof that this type of crime
never gets old and that the perpetrators will face justice," she said.
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