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Kravica: A fair decision expected

Milos Stupar

14 July 2008  Two Defence teams present their closing arguments at the first trial for the Srebrenica genocide, calling for a verdict of release for the former policemen.

The Defence attorneys of Milos Stupar and Milenko Trifunovic asked the Court to acquit the two indictees of all counts contained in the indictment, which charges them with genocide after the fall of Srebrenica in July 1995.

Stupar and Trifunovic and nine other members of the Special Police Forces and the Reublika Srpska Army, VRS, are charged with the shooting of about 1,000 Bosniaks in the Agricultural Cooperative in Kravica village on July 13, 1995.

The two indictees expressed their condolences to the victims.

"I feel a human need to express my sincere regrets to all victims of this war. For the sake of truth, justice and reconciliation, I wish to say that I did not harm anybody by my acts," Milos Stupar said.

Milenko Trifunovic expressed his condolences to the families of the victims, adding that he "cannot express his regrets for something he had not done."

"I know that I did not kill anyone in Srebrenica area. I would like to use this opportunity to express my regrets for all the innocent victims. We are accused before this court, although we are innocent, while the real perpetrators are at liberty. I consider that I am not guilty, but it is up to the Court to make a final decision," Trifunovic said.

Defence attorneys Ozrenka Jaksic and Rade Golic made a reference to a part of the indictment, which charges their clients on the basis of their command responsibility. Stupar is charged as commander of the Second Special Police Squad, while Trifunovic is charged as commander of a Unit with that same Squad.

"Milos Stupar did not order any of the crimes, charged upon him. This can be proved by the factual description of the indictment and the presented material evidence. The Prosecution has not managed to prove, beyond reasonable doubt, that Stupar was commander of the Second Squad. The Prosecution witnesses confirmed this very convincingly. Actually, not one of the examined witnesses said that Stupar was the commander," Jaksic said.

Milenko Trifunovic

Trifunovic's Defence attorney said that all actions, undertaken by members of the Second Special Police Squad on July 13, were "legitimate."

"Srebrenica was never demilitarized. The Bosniak forces never intended to demilitarize the zone. They used the protected zone to commit crimes and go back to where they were protected by the UNPROFOR," Golic said.

As he said, the Bratunac Brigade made a list of about 370 Bosniaks, who were suspected of war crimes. Therefore the Republika Srpska Army and police separated adult male Bosniaks from other civilians in order to "check whether they participated in war crimes," in which case they would be treated as prisoners of war.

"This was a legitimate and fully reasonable action," Golic said. He claims that the Defence considers that the Prosecution has not proved that members of the Second Special Police Brigade participated in the separation of men from the rest of the group.

In its closing arguments the Defence referred to the command responsibility, on the basis of which the Prosecution charges Trifunovic, as "absurd" because, as indicated by the Defence attorney, the indictee is considered more responsible than his commander.

"He did not have any possibility to prevent the alleged crimes. The question is why the Prosecution decided to implement the Criminal Code in such a generous way against my client," Golic said.

The Defence is due to continue presenting its closing arguments on July 15.