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Lazarevic et al: Light bodily injuries

29 August 2008  Presenting his findings and opinion, a court expert says that Novi izvor detention camp detainees had "light bodily injuries, which did not have a deteriorating effect on their health."

Vidak Simic, medical expert, who testified in favour of the Defence of the four indictees, who are charged with crimes in Zvornik, said that in court and medical practice, the injuries on the detainees in Novi izvor, were qualified as "light injuries".

Analysing a medical report filed by witness Nurija Nuhanovic, the court expert said that, with the exclusion of bones fractured in the finger, all other injuries would fully heal without causing any deterioration of the person's health.

Nuhanovic was examined as the first prosecution witness on March 19 this year. He said he had been beaten up during his detention in Novi izvor, claiming to have suffered certain consequences, including "disability to perform any hard labour."

The Prosecution of Bosnia and Herzegovina charges Sreten Lazarevic, Mile Markovic, Dragan Stanojevic and Slobodan Ostojic with having "caused and helped others cause injuries to Bosniaks, who were detained in the offence court and 'Novi izvor' buildings" in Zvornik in the period from May 1992 to March 1993. The indictment refers to the two buildings as detention camps.

The court expert said that witness Admir Hadziavdic, who testified on April 17 this year, "did not have any fractures, but trauma which could not impair his health".

In the course of his testimony Admir Hadziavdic said that he was "hit all over his body, even on his legs", claiming that he "was not even able to walk to the toilet alone" due to the injuries.

The court expert commented on the allegations, contained in the indictment, that the "detainees were severely beaten up". Simic claims that no person can be severely beaten up. He is "either beaten up or not".

Commenting the statement given by witness Fahrudin Memic, who said, testifying in the courtroom on May 12 this year, that "three persons jumped on him", the court expert said that this must have caused severe injuries, maybe even spine fracture.

"If Fahrudin Memic, whom I have never seen, is telling the truth, I must say that he must have had several rib fractures, but the available medical reports do not confirm this," the court expert said.

He commented the term of "body integrity damage", which is mentioned in the indictment. According to the indictment witness Memic allegedly suffered a body integrity damage caused by the jumping of soldiers on his body. The court expert considers that, "unless you have got severe bodily injuries, your body integrity is not damaged".

"The body integrity term can be associated with severe injury. In Memic's case, this would mean that he must have suffered from rib fracture, as this would severely impair the patient's health. However, I did not notice any mention of such injuries in the available medical reports," the court expert said.

In his statement Fahrudin Memic said that he was "unconscious for two or three days" due to the injuries. The court expert considers that nobody can be unconscious for such a long period of time, because, "after several hours of unconsciousness, a person falls into coma, which has to be treated in a hospital or, otherwise, the person dies."

In the course of cross-examination, the court expert said that bone fractures could be proved "even after a hundred years", adding that he could not find any evidence of bone fractures when he reviewed the medical reports.

As the trial of Lazaravic et al continued, the Defence started presenting its material evidence, some of which prove the existence of "paramilitary formations in the Zvornik area in 1992".

The trial is due to continue on August 27.