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Bundalo et al: Confidential Data Disclosed

Bundalo, Zeljaja, Askraba

19 November 2009  The presentation of evidence at the trial for crimes committed in Kalinovik has been completed, after more than a year and a half, with the examination of additional witnesses by Nedjo Zeljaja's Defence and the presentation of material evidence by the Prosecution of Bosnia and Herzegovina and the Defence of Ratko Bundalo.

At the end of the evidence presentation by the Defence of Nedjo Zeljaja, protected witness A inadvertently revealed the function he performed in Kalinovik in the summer of 1992, also saying that his identity had previously been disclosed to the public.

"In Kalinovik everybody knows who I am. This is why I asked the Court to let me testify without any protective measures this time," witness A said. The Trial Chamber did not react or warn the public of its legal obligation not to disclose his data.

The protected witness previously testified for the Prosecution of Bosnia and Herzegovina. On that occasion he spoke about events that took place in Kalinovik in 1992 and the function Zeljaja performed at the time.

Following his testimony in May 2008, Prosecutor Munib Halilovic informed the Trial Chamber he had received a letter from protected witness A, in which he alleged that he had been contacted by some crime accomplices from Kalinovik in an attempt to persuade him to change his statement.

Trial Chamber Chairman Stanisa Gluhajic said at the time that it might be possible that one of the parties to the proceedings had disclosed the identity of the protected witness. He said that if he found out who had done this the person would be sanctioned.

Nedjo Zeljaja, Ratko Bundalo and Djordjislav Askraba are charged with crimes against humanity committed in the Kalinovik area in 1992 and 1993. The Prosecution claims that Zeljaja was Commander of the Public Safety Station in Kalinovik, Bundalo was Commander of the Tactical Group in that area and Askraba was Commander of Guards in "Barutni magacin" detention camp, where he also performed the function of a manager.

Protected witness A, a former policeman from Kalinovik, said that indictee Zeljaja stayed on Humac hill "for a few days" at the beginning of August 1992. He said that the indictee complained about his health.

"I think Zeljaja was there as Commander of the Second Police Squad. Later on people said he lied about his health problems in order to be able to leave the military positions," witness A recalled.

Mirko Cerovic, a former medical practitioner with the Mixed Anti-armour Artillery Regiment in Kalinovik, spoke about Zeljaja's health. He said that the second indictee visited the Dispensary in Kalinovik on July 30 and August 6, 1992.

"As per the register kept at the Dispensary, Zeljaja was diagnosed with a lung inflammation and skin disease on August 6 and shattered nerves on July 30," Cerovic said.

Witness Mihajlo Bajdar told the Court he took detainee Hasan Hadzic from "Barutni magacin" several times during the course of the summer of 1992 in order to perform some work in the "Zelengora" forestry company. He said he did not see any other men who were held in the building.

"He could not leave the prison alone, so I had to pick him up every time. The war was going on. He was held there. I was told to pick him up and return him to prison. He was just like me, a free man. Nobody touched him," Badnjar said.

The Prosecution claims that Zeljaja was present in Kalinovik from August 2 to 5, 1992 and he knew that Bosniak men were taken from "Barutni magacin" detention camp to various locations, where they were shot.

The trial is due to continue on November 20, when the Prosecution will start presenting its closing arguments.