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The indictment alleges that Mladic, the then Commander of VRS, terrorized civilians in Sarajevo by long-lasting mine-thrower and sniper attacks. According to the charges, on February 5, 1994 the VRS fired a grenade, which killed 66 and wounded more than 140 people at Markale.
Witness Gengo, former Commander of a battalion with the First Romanija Brigade of VRS, which was situated on the outskirts of Sarajevo, said that the grenade was not fired from mine-thrower positions held by his unit.
As he said, a commission of VRS and UNPROFOR officers who had visited the mine-thrower positions held by his Battalion near Mrkovici village on February 6 – the day of the explosion at Markale – determined this.
A summary of Gengo’s written statement, which was read in the courtroom by Mladic’s Defence attorney Branko Lukic, literally repeats the allegations by all previous Defence witnesses, who said that the VRS forces located around Sarajevo exclusively defended themselves, that their artillery fire did not target civilian buildings, which were misused by Muslim forces, and that they did not have the intention to terrorise civilians or cause victims.
The witness denied the allegation from the indictment that sniper fire was opened at civilians in Sarajevo from his unit’s positions at Spicasta Stijena.
During the cross-examination Prosecutor Adam Weber said that the VRS and UNPROFOR commission did not exist and that it did not visit the mine-thrower positions held by the witness’ unit following the Markale explosion, but Gengo stuck to his original allegations.
The witness said that he did not know the names of most VRS and UNPROFOR officers, who were members of that commission. As he said, his subordinate informed him about the commission’s findings orally. He said that he later received a written report.
Responding to a Prosecutor’s question, the witness confirmed that his mine-throwers responded to fire opened by the Army of Bosnia and Herzegovina from Sarajevo, knowing that a mine-thrower grenade “covers the area of 50 square metres” and that there was a big possibility that civilians, who found themselves within that area, would be hit as well.
When asked by the Prosecutor what measures he took in order to prevent the very probable killing of civilians in the city, Gengo said:“Well, I could not do it…What could I have done on the opposite side? The opposite side should have undertaken the measures, when opening fire from movable artillery weapons…near the hospital. It was obliged to make sure that the return fire would not harm civilians…I could not remove civilians on their side.”
The witness said that he therefore considered Muslim forces responsible for possible “collateral damage” caused by fire opened by his unit.
“The Serbian and Croatian and Muslim population was there… I could not have known who was present at those places,” Gengo said.
The Defence of Mladic, who is also charged with genocide in Srebrenica, persecution of Muslims and Croats throughout Bosnia and Herzegovina and taking UNPROFOR members hostage, is due to examine its next witness tomorrow, May 28.
