
23 November 2009
The Prosecution of Bosnia and Herzegovina has filed a custody extension motion in the case of Darko Dolic, who is charged with war crimes against civilians committed in Prozor Municipality.
The State Prosecution requested the extension of custody due to the possibility that Dolic might seek to influence witnesses and accomplices, some of whom live near him.
The Defence objected to the Prosecution's motion. The preliminary hearing judge announced that he will render a decision concerning the motion at a later stage.
The Prosecution of Bosnia and Herzegovina charges Dolic, a former member of "Jastrebovi" ("Hawks") Reconnaissance Squad with the "Rama" Brigade of the Croatian Defence Council, HVO, with having participated in physical abuse and robbery of Bosniak civilians in Druzinovici village, Prozor Municipality, in August 1993.
The indictment alleges that Dolic raped and beat up one person on the same day the other crimes were committed.
The Prosecution alleges that the indictee raped protected witness S1, who was a minor at the time, while threatening her with weapons, in a house in Lapsunj village, where more than 30 Bosniak women were held, "on several occasions" in the first half of August 1993.
In addition, Dolic is charged with having raped protected witness S3 in Druzinovici village "at the end of July or beginning of August 1993".
"Rape victims are considered as vulnerable witnesses. The nature of the crime indicates that those persons are vulnerable. Should the indictee be at liberty, the witnesses would feel even more helpless," Prosecutor Sanja Jukic said, explaining the custody order motion.
The Prosecutor said that the indictee committed the crime in collaboration with "other perpetrators, who have still not been identified", adding that he might get in touch with them if at liberty and thus avoid responsibility, "which would certainly have a negative effect on this trial".
Defence attorney Zlatko Milovic said the Prosecution's reasons "cannot be applied in the indictee's case".
"Dolic voluntarily responded to the request made by the Cantonal Prosecution in Mostar, because he did not feel guilty. The situation is the same today," Milovic said, adding that no witnesses have confirmed that the indictee has tried to approach them. He said that he was therefore convinced that they were not afraid of him.
The State Investigation and Protection Agency arrested Dolic on October 20 this year. He has been in custody since then.
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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In its report on the state of human rights in Bosnia and Herzegovina in 2009, the US State Department mentions progress that has been made, as well as political pressure that has been put on the judiciary in Bosnia and Herzegovina.
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