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Justice report

Kurtovic: 11 years for Dreznica crimes

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Image 3131

30 April 2008  Following the closing arguments by the Prosecution and Defence, the Trial Chamber has announced Zijad Kurtovic guilty of all counts in the indictment.

After the Prosecution and Defence presented their closing arguments, the Trial Chamber announced Zijad Kurtovic guilty of war crimes against civilians, prisoners of war and violation of laws and practices of warfare. It sentenced him to 10 years for each of these crimes and announced a single sentence of 11 years imprisonment.

Kurtovic was found guilty to all 11 counts in the indictment, charging him with crimes committed against Croatian soldiers and civilians, who were detained in the All Saints church in Donja Dreznica near Mostar in October 1993.

By the first instance verdict he was sentenced for having participated, together with other members of BiH Army, in torture, abuse, sexual abuse and humiliation of detainees, as well as demolishing a religious building in which they stayed.

The Prosecution claimed that all crimes were committed when Kurtovic was commander of the Military Police Squad with Dreznica Independent Battalion of the Army of BiH, but the Trial Chamber "did not admit the allegations on the indictee's commanding role" and the allegations on the existence of a military police squad with Dreznica Battalion. The Chamber concluded that Kurtovic was a member of the physical security unit.

"After the examination of Prosecution witnesses, who used to see the indictee every day during their detention in the church, the Court did not have any doubts that Zijad Kurtovic did commit this crime," said Trial Chamber Chairwoman Minka Kreho.

Kreho added that the statements given by Defence witnesses, who tried to provide the indictee with an alibi, were "not logical and contained unusually precise recollections" about that specific period but not about other events from their life.

In determining the sentence, the Trial Chamber considered the "extreme brutality and callousness" as a mitigating circumstance, because the detainees were "exposed to extreme humiliation in a religious object."

The indictee has not been ordered into custody, but the prohibitive measures against him – a ban on leaving his place of residence and regular reporting to a police station, which were ordered in November 2006, have now been expanded. He is now obliged to report to the competent police station two times a week.

By this verdict, the Trial Chamber ordered Kurtovic to cover the costs of the criminal proceeding.

Prior to the pronouncement of the verdict, Prosecutor Vesna Tancica called for a verdict of guilty and asked that a sentence be announced, "which will, at least to some extent, represent a satisfaction to the victims and ease their emotional scars."

Defence attorney Fahrija Karkin asked for a verdict of release, considering that the Prosecution was not able to prove his guilt.

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