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Pincic: Without a Soul

Zrinko Pincic

08 September 2008  At start of trial, a protected witness recounts how the accused Zrinko Pincic raped her.

The first witness for the prosecution in the Zrinko Pincic trial testified as protected witness "A".

"A" said that the accused raped her after she was expelled from the Bradina settlement in Konjic Municipality, to Donje Selo.

According to the indictment, between November 1992 and March 1993 Zrinko Pincic, in his capacity as member of the Croat Defence Council (HVO), took "A" from her house in Donje Selo "armed and in a military uniform", and repeatedly forced her to have sexual intercourse with him while "keeping a rifle next to the bed each time."

"A" said she arrived in Donje Selo on 23 July 1992, and stayed "in an abandoned Serb house" together with her disabled mother, sister, niece and their young children.

"Soldiers would come to the house whenever they wanted, telling us to make them coffee. Zrinko Pincic and his brother Ivica would come to the house. I did not know them from before; they introduced themselves. They tried to be nice and talk to us. They were armed and in uniforms, and Zrinko often wore a big "U" on his cap," "A" recalled.

According to this witness, in November 1992 Pincic took her to another room after he "chose her to sleep with him," telling her that she must go with him or "15 others would come." The witness said she remembered that the abuse lasted until March 1993.

"I do not remember the date. For 10 years I was trying to forget this, and I did forget a great deal of it, but the act itself remains. I could not have felt more miserable, ashamed and disgraced. I did not trust anyone. I did not talk to anyone. I carried my misery inside myself, trying to forget it. But it was impossible," the protected witness said, pointing out that she had reported the rape only in 2006.

"Although this wound will never heal, it is still easier to speak out about this," she said.

The witness, who left Donje Selo in late April 1993, told the Court that staying in that house was like staying in "a camp".

"He asked me if I enjoyed it. I replied what he wanted to hear. And what did I think? A bullet would be nice; to die would be nice. Had I been alone, I would have resisted; I'd rather have died. But knowing that the children were in the other room… keep quiet and do the job. Sometimes I think I no longer have a soul. Psychologically, this is a burden that I must carry," the witness said.

After the prosecution examined the witness directly, the court also allowed direct examination by the defence.

"Considering that some inconsistencies emerged in the testimony of the injured party that may only be clarified through direct examination, I motion that the injured party be called as a defence witness," lawyer Velimir Maric said.

Before the examination of the witness, the prosecutor read out the indictment, and both parties presented their opening statements. Prosecutor Vesna Budimir said that the testimonies of witnesses and documentary evidence would prove that the accused committed a crime against the civilian population.

"At that time, Zrinko Pincic had the power and the authority in that one small village. Witness "A" had neither the power nor the authority. All she had was pain and suffering. Donje Selo became a hell in her life. A hell that lasted several months, that continues to last to now and will last until the end of her life. Zrinko Pincic is responsible for this hell," Budimir said.

Defence counsel Maric said in his opening statement that he intended to prove that the victim and the accused "were friends," and that this was "voluntary consent to an act that is a result of her own free will."

He also said that the indictment had "political connotations" and the prosecution was trying to "tailor historical facts to suit their own needs," to the detriment of the accused and Croats in Bosnia and Herzegovina.

Presiding Judge Minka Kreho interrupted him during his opening statement, warning that this was not a political trial, but criminal proceedings before "an independent prosecution and court".

The trial resumes on 15 September, when a court expert will be heard.