Bundalo et al: Zeljaja and Askraba ordered into custody again
29 August 2008 The Trial Chamber has postponed the hearing, because two indictees are not capable of attending the trial due to exhaustion caused by their return to the detention unit.
The continuation of the trial of the indictees who are charged with crimes committed in Kalinovik, has been postponed because Nedjo Zeljaja and Djordjislav Askraba were not able to attend the hearing, due to their return to the detention unit and "exhaustion".
"The Chamber has considered the motion and accepted the arguments provided by Zeljaja and Askraba pertaining to their incapability of attending the trial. They claim to have been exhausted by the arrest, which has also affected their health state," Trial Chamber Chairman Stanisa Gluhajic said.
In June 2008 Zeljaja and Askraba were released to liberty. At the same time certain prohibiting measures were imposed on them. After that the Prosecution filed an appeal with the Appellate Chamber of the Court of Bosnia and Herzegovina. In late August the Appellate Chamber rendered a decision ordering the three indictees back into custody.
The public was not apprised of the reasons for making of such decision.
As per a warrant issued by the State Prosecution these two indictees and Ratko Bundalo were arrested in August 2007. Bundalo has been held in custody since the arrest.
The three men are charged with having participated in the crimes in the Kalinovik area in 1992 and 1993. The Prosecution considers that Bundalo was commander of the Kalinovik Tactical Group, Zeljaja was commander of the Public Safety Station in Kalinovik and Askraba was manager of "Barutni magacin" detention camp at that time.
Addressing the Trial Chamber, Zeljaja said that he was rearrested in his apartment on Thursday, August 28, adding that he was then transferred to the Correctional Facility in Doboj.
"They did not give me any food until 7 p.m.. This morning I visited a doctor. My lips are burning now and I cannot speak. I frequently urinate and I am in pain," Zeljaja said.
Askraba addressed the Trial Chamber and said that he was not capable of following the trial due to "exhaustion" and "kidney problems".
The Prosecution did not object the postponement of the hearing, "provided it is done due to justified reasons".
The trial is due to continue on September 19.
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