
01 August 2008 A
court in Trebinje has ordered guards suspected of having helped Radovan
Stankovic escape from Foca prison to return to work.
By
Merima Husejnovic in Sarajevo
The District
Court in Trebinje on July 9 ordered the return to work of the guards of the
Correctional Facility in Foca who are suspected of having helped Radovan
Stankovic escape.
“As
per the legally-binding decision rendered by the Basic Court in Foca, the nine
guards can resume their positions”, Dusko Sain, chief of the Correctional
Facilities Surveillance Section with the Republika Srpska, RS, Justice
Ministry, told Justice Report.
“An
appeal was filed, but the District Court in Trebinje confirmed the verdict and
they resumed their functions on July 9,” he added. “They are performing the
same jobs they performed before suspension.” Sain said there was “no reason for
them not to go back to work”.
The
names of the guards who have returned to work have not been released.
Stankovic escaped
from Foca prison on May 25, 2007. He was only two months into a 20-year
sentence, after having been convicted by the Court of Bosnia and Herzegovina
for crimes against humanity in the Foca municipality in 1992.
After his escape,
Interpol issued an arrest warrant, which expanded the search for him to
neighbouring countries. But more than a year on, no information on his
whereabouts has been made public.
Interpol in Sarajevo says data
related to this case is “confidential” and cannot be shared.
“We
do not have any new pieces of information related to Stankovic’s movements,
except for one suggesting he is still in Serbia,” Dragan Lukac, assistant
director of the State Investigation and Protection Agency, SIPA, said recently.
The last trace
related to Stankovic was a letter that he allegedly sent to some of the RS
media in early May. In it, he threatened Davorin Jukic, the State Court judge
who chaired the first instance trial, as well as some SIPA staff.
As SIPA indicated,
the letter was sent from Han Pijesak, eastern Bosnia. They also say analysis
showed Stankovic wrote the letter.
Immediately
following the escape, Bosnian prosecutors opened an investigation against those
suspected of having aided his flight. The RS Justice Ministry also dismissed
Aleksandar Cicmil, then manager of the Foca prison.
In
late May 2007, SIPA provided the State Prosecution with a report that said nine
persons were suspected of having helped the convict flee.
The
nine, including five guards from the prison in Foca, were arrested on June 1,
2007.
Two
days later the five guards were released, however. Mile Krsmanovic, assistant
director for security at Foca prison, Brankica Davidovic and Ranka Dragicevic,
a doctor and a nurse in Foca hospital, and Ranko Stankovic, Radovan’s brother,
were kept in custody.
Late
in May, the District Prosecution in Trebinje opened an investigation against 11
persons suspected of “enabling Stankovic’s escape”.
Justice
Report has learnt that the investigation was soon referred to the State
Prosecution.
For
over a year now, the State Prosecution has conducted the investigation against
those persons but no indictments have been filed.
Prosecution
officials say they are about to complete the investigation and file indictments
but that “this depends on the efficiency of court institutions of another
country, asked to provide international
legal help”. However, there has been no explanation which “foreign country” was
referred to.
The
State Prosecution has not said whether the investigation against Ranko
Stankovic, the fugitive’s brother, has been dismissed, either.
Under
Bosnia’s
criminal code, blood relatives cannot be prosecuted for this type of crime.
Ranko
Stankovic was released on August 10, 2007, after the Appellate Chamber of the
State Court determined that “the existence of blood relations between the
suspect and the convict excludes the existence of a criminal act of helping the
convict”.
Nevertheless,
SIPA officials told Justice Report that, acting on a warrant issued by the
State Court, SIPA on June 12 had searched the house of the convict’s brother in
Foca and the apartment of Radovan Stankovic’s wife.
Available
data suggest Stankovic escaped while being transported to a dentist for a
check-up.
Representatives
of the RS Justice Ministry say their investigation discovered many
irregularities preceding the escape.
Although
nine guards took part in transporting the convict, the RS Justice Ministry says
they did not escort the prisoner “in the proper manner” and did not use weapons
to prevent his escape, even though they were authorized to do so.
According
to the investigation, Stankovic fled by a car, parked near the Foca prison. The
vehicle was later found near the border crossing between Bosnia and Herzegovina and Montenegro.
The
State Prosecution believes Ranko Vukovic arranged the purchase of this vehicle
between May 20 and May 23, 2007. He was arrested in June 2007.
Vukovic
is still in custody because a first-instance verdict in February 2008 sentenced
him to 12 years’ imprisonment for crimes against humanity in Foca municipality.
Radovan Stankovic was the
first indictee to be transferred from the Hague Tribunal to Sarajevo
for further processing as part of the exit strategy of the International Criminal Tribunal for the former Yugoslavia,
ICTY.
The Court of Bosnia and
Herzegovina sentenced Stankovic, a former member of Miljevina Battalion of Foca
Tactical Brigade with the Republika Srpska Army, VRS, for his role in crimes
against civilians from Foca municipality in 1992. They said he also helped
organise and supervise the so-called “Karaman kuca”, a detention centre for
women widely used by Serbian soldiers as a brothel.
Young women and girls
detained in Karaman kuca were routinely physically and mentally abused, raped
and forced to perform hard labour.
Radovan Stankovic was found
guilty of having personally raped three women in Karaman kuca. Witnesses at the
trial said he was “the chief” and made decisions on “who would take which
girl”.
Merima Husejnovic is BIRN – Justice Report journalist. merima@birn.eu.com.
Justice Report is BIRN online weekly publication
Justice Report is a
specialist reporting agency focusing on war crimes trials taking place before
local courts; development of the local legal system; and efforts to come to
terms with the past.
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