
08 September 2008 The defence for a former member of Bratunac Brigade's Military Police has requested release from custody, at the objection of the prosecution.
Zdravko Bozic's
defence has requested the Court of Bosnia and Herzegovina to release Bozic,
saying that there are "new facts" that could change the court's
previous decision to place him in custody.
"We ask that a higher degree of suspicion is required to show that our
client committed the crime as charged. Also, the witnesses whom he might have
allegedly influenced have already been heard," defence counsel Dragica
Glusac said.
The State Prosecutor's Office has charged Zdravko Bozic, in his capacity as
member of the Military Police of the Republika Srpska Army's (RSA) Bratunac
Brigade, with guarding the buses that transported men from Srebrenica to the
school in Bratunac, where they were held.
The indictment charges another three military police members, Mladen Blagojevic,
Zeljko Zaric and Zoran Zivanovic, with the same crime.
Explaining her motion, Glusac said it was indisputable that Zdravko Bozic was a
member of the military police, but "he may not be put on trial only for
being a member" because the prosecution failed to prove anything else.
"We are at the stage when the prosecution is presenting its additional
evidence, and they are going to hear one foreign and one protected witness
whose identity is not known to the defence. We do not see how Bozic could
influence them," Glusac argued.
As for the risk of Bozic escaping, the defence said that the United States
extradited Bozic to Bosnia and Herzegovina and his documents were confiscated
during this.
The US court decided to extradite Bozic after it established that he had not
told the truth to immigration authorities about his military engagement during
the war.
The prosecution objected to the defence's motion because they thought that the
circumstances under which Bozic had been put in custody had not changed.
"We are of the opinion that Bozic could influence the witnesses because
after the prosecution presents additional evidence, the defence is entitled to
present its additional evidence," the prosecution said, explaining that
the accused could also influence the accomplices because he was charged with a joint
criminal enterprise.
The Court will rule on the motion at a later stage.
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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An OSCE report on Witness Protection and Support in War-Crimes Cases says, among other things, that Bosnia and Herzegovina has neither improved the position of victims and witnesses nor has it won their confidence in criminal proceedings and war-crimes cases.
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