REPORT OF THE EU FORENSIC EXPERT TEAM ON THE RACAK INCIDENT
Statement of Dr. Helena Ranta
March 17, 1999
Source: United States Information Agency
These comments are based on the medicolegal investigations
by the EU Forensic Expert Team
in Pristina as locally authorized by the District Court of Pristina in
accordance with the
Yugoslav Law on Criminal Procedure. It should be emphasized, that medicolegal
investigations
constitute only a part -- but do not cover the whole spectrum -- of criminal
investigations. The
comments represent the personal view of the author, Dr. Helena Ranta, and should
not in any
manner be construed as an authorized communication on behalf of the Department
of Forensic
Medicine, University of Helsinki or the EU Forensic Expert Team.
1. TERMS OF REFERENCE OF THE EU FORENSIC EXPERT TEAM
The EU Forensic Expert Team consisting of Finnish experts has been involved in
the
investigation of alleged atrocities in Kosovo since October 1998. When the Racak
tragedy
was discovered on 16 January 1999, the OSCE turned to the European Union for
assistance.
Since an EU Forensic Team was already available, it was decided that the Team
should also
embark on the investigation of the Racak victims.
It should be emphasized that the terms of reference of the EU Forensic Team
cover solely the
medicolegal autopsies of the 40 victims brought to the hospital. They do not
concern the full
scale of criminal investigations. Accordingly, to mention one important example
-- there was no
possibility to conduct scene investigations at the actual site of the presumed
crime -- which
could have rendered important additional information concerning the manner of
death of the
victims. The findings by the experts are therefore based almost entirely on
information derived
by investigating the bodies at the morgue. Furthermore, the investigation of the
bodies at the
hospital was greatly complicated by the fact that the start of autopsies by the
EU experts
became possible only approximately a week from the estimated time of death of
the victims.
More importantly, there was no chain of custody by the EU forensic experts of
the bodies from
the moment of death until the time the investigations started on 22 January 1999
in Pristina.
What may or may not have happened to the bodies during that time is difficult to
establish in
connection with the autopsies with absolute certainty.
It should be noted that the EU experts now have completed only a part of the
overall
investigations concerning the events in Racak -- namely the medicolegal
investigation of the
victims. For a more complete picture of what took place in Racak a full criminal
investigation
into the events would be required, combining scene investigations, interrogation
of witnesses
and analysis of the evidence with the autopsy findings of the EU experts.
The original mission of the EU forensic experts was authorized to investigate in
an impartial and
independent manner, sites of alleged killings of civilians in Kosovo, i.a. in
Glodjane,
Golubovac, Gornje Obrinje, Klecka, Orahovac and Volujak. The investigations
concerning
Klecka and Volujak, initiated last year, are to be completed by the end of March
1999 when
the DNA analysis will be available. Thereafter, the Team will as soon as
possible resume
preparations for the investigations with respect to Glodjane, Golubovac, Gornje
Obrinje and
Orahovac.
The first crucial step that one would normally expect to be implemented at any
alleged crime
scene would be the isolation of the area and the exclusion of unauthorized
access. The scene
should then be photographed and videotaped, any evidence be collected and
victims localized
and marked at site. This step should also include sampling for a gunshot residue
(GSR)
analysis. Victims should then be placed in individual body bags for transport to
the morgue.
With respect to Racak none of this was done at all -- or was done only partially
or improperly.
Therefore, important information at the site may have been lost.
2. DETAILS OF THE RACAK INCIDENT
According to various sources of information, the incident in Racak most probably
took place
on or around 15 January 1999. The EU forensic experts only started working in
Pristina on 22
January when the bodies had already been brought to the morgue. The Team
therefore has no
first hand information on the events at Racak. Concerning the site of the events
and the
circumstances surrounding the deaths of the victims the Team has to rely
entirely on the
information from the OSCE/KVM and EU/KDOM observers who visited the site on 16
January 1999, and from reports in the media. According to these sources
altogether some 45
bodies were found in Racak. Yet, only 40 were taken to the Department of
Forensic
Medicine, University of Pristina to be investigated.
Based on the information obtained from the KVM and KDOM observers the total of
22 men
were found in a gully close to the village of Racak. They were most likely shot
where found.
Most of them have been turned over at some stage. The rest of the victims were
found at or
close to the village and had either been turned over or moved after death into
houses in the
village.
The more time elapses, the more difficult it usually becomes to establish the
assumed time of
death. When the Finnish experts had the possibility to start investigations,
more than a week
had already passed since the discovery of the bodies at Racak. However, the
temperature
both at the mosque in Racak, where the bodies were first brought, and at the
Pristina hospital
morgue was close to O C, which has contributed to their preservation. Most that
can be said is
that the victims appear to have died approximately at the same time.
Most of the victims wore several warm jackets and pullovers. No ammunition was
found in the
pockets. It is likely that no looting of the bodies has occurred, because money
(bank notes)
was found on them. The clothing bore no identifying badges or insignia of any
military unit. No
indication of removal of badges or insignia was evident. Based on autopsy
findings (e.g. bullet
holes, coagulated blood) and photographs of the scenes, it is highly unlikely
that clothes could
have been changed or removed. Shoes of some of the victims, however, had been
taken off,
possibly before the bodies were carried inside the mosque. Among those
autopsied, there
were several elderly men and only one woman. There were no indications of the
people being
other than unarmed civilians.
The Racak events have been described as a "massacre". However, such a conclusion
does not
fall within the competence of the EU Forensic Team or any other person having
participated
solely in the investigation of the bodies. The term "massacre" cannot be based
on medicolegal
facts only but is a legal description of the circumstances surrounding the death
of persons as
judged from a comprehensive analysis of all available information. Thus, the use
of this term is
better suited to be used by organs conducting criminal investigations for the
purpose of initiating
legal proceedings. Moreover, medicolegal investigations cannot give a conclusive
answer to the
question whether there was a battle or whether the victims died under some other
circumstances. A full criminal investigation combined with the interrogation of
witnesses by
appropriate investigative entities could shed more light on the circumstances
prior to and at the
time of the death.
It should be noted that especially persons not familiar with criminal
investigations may have a
natural tendency to interpret some observations made at the site of the tragedy
as signs of
post-mortem mutilation. These, however, are most likely related to animal
activity -- such as
stray dogs, which are in abundance in the area, and other wild animals -- or
traces on the dead
bodies caused by the high pressure of projectiles. No indication of tampering or
fabrication of
evidence was detected.
Traditionally, a paraffin test has been used in gunshot residue analysis (GSR).
To remove
residues from the hand, casting with paraffin has been suggested. This test
lacks specificity,
however, and at the Interpol meeting in 1968 it was officially stated that it no
longer should be
used. The most successful technique to date for the analysis of GSR analysis is
without doubt
the Scanning Electron Microscope with an Energy Dispersive X-Ray Analyzer (SEM-EDX).
Only this method has the ability of determining the metallic content without
concern about
environmental contamination. With the SEM-EDX, the sample is virtually
unaffected by the
analysis and can be re-examined, if necessary, many times. The sample for the
GSR analysis is
collected by means of a tape-lift taking into consideration routine precautions
(contamination).
Paraffin test was for the above reasons not used by the Finnish Team. Test
samples for
SEM-EDX were taken and they proved to be negative.
3. CO-OPERATION BETWEEN ORGANS AND TECHNICAL ARRANGEMENTS
At the professional level, the Team experienced no problems in collaboration
with Yugoslavian
or Belorussian pathologists. After a demonstration autopsy, all agreed upon
common methods
and procedures. Furthermore, local criminal and autopsy technicians contributed
to the
cooperative working atmosphere. The Team was able to complete its investigations
without
any outside pressure put upon it in Yugoslavia or elsewhere.
In Finland, the presence of media in autopsy theatres is unacceptable. Prior to
initiating the
autopsies it was agreed that media coverage should be minimized. Nevertheless,
the Head of
the Pristina Institute of Forensic Medicine, Professor Dobricanin, allowed
television teams and
photographers to enter the premises. When asked, he confirmed that this was in
accordance
with his instructions.
Confusion has been caused by statements and premature conclusions drawn by local
experts
while the investigations were not completed. In Finland, on-going investigations
are not
commented upon. After the completion of the autopsies in January, the Serbian
and
Belorussian pathologists decided to draw up common reports summarizing their
findings. The
Finnish Team declined to sign these which was erroneously interpreted as
disagreement on the
findings between the local experts and the Finnish Team. The view of the Finnish
Team is that
no professional conclusions on the basis of the autopsies should be made without
a
comprehensive analysis of the data gathered from the corpses. The analysis and
tests were
conducted at the Helsinki University Department of Forensic Medicine only after
the Team
returned from Kosovo. Therefore, arriving at conclusions or signing of reports
in January
would have been premature and thus out of place.
Bearing in mind the complex nature of the investigations, it is the view of the
Finnish experts
that nothing could have been achieved by unnecessarily speeding up procedure.
The
involvement of the Team began after 16 autopsies had already been performed by
local
pathologists. With respect to these corpses, the EU experts were in the position
only to verify
that the work had been done properly. There was no information available from
the scene of
the alleged crime at the time when autopsies were being performed, which further
complicated
a systematic approach. All histological, toxicological, and DNA analysis had to
be performed
afterwards in Helsinki. For safety reasons films had to be developed in
Helsinki. All
radiographs were digitized and incorporated into a data base. In all, more than
3000 photos
were taken and 10 hrs of video film taped.
There is a court order by the Investigative Judge authorizing the Team to
conduct the
medicolegal autopsies. According to Yugoslav law, the autopsy reports will
therefore have to
be handed over to the District Court of Pristina. A copy of the autopsy reports
will also be
conveyed to the Department of Forensic Medicine, University of Pristina. The
European Union
Presidency will be notified of the results of the investigations accordingly.
It should be emphasized that the medicolegal investigations undertaken by the EU
forensic
experts constitute only part of the normal investigation of alleged crimes.
Comprehensive
picture over the sequence of events in Racak can only be achieved by combining
the
medicolegal findings of the EU Forensic Team with other possible information
from different
sources eventually available at a later stage.
(end text)