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Bundalo et al: Key Person in the Chain of Crime

Bundalo, Zeljaja, Askraba

26 November 2009  In its closing arguments the Prosecution of Bosnia and Herzegovina calls for a long sentence for Ratko Bundalo and Nedjo Zeljaja and "a sentence within the proscribed range" for Djordjislav Askraba.

"It is necessary to pronounce long-term imprisonment, which would be much longer than the minimum term, in the case of Ratko Bundalo. We are talking about 115 victims and the key person in the crime chain. Any sentence that would be more benign than long-term imprisonment would be inadequate in the case of Nedjo Zeljaja. He is the person who prepared, planned, implemented and executed. Djordjislav Askraba does not deserve the same level of responsibility as the two other indictees," Prosecutor Munib Halilovic said.

The State Prosecution charges Bundalo, Zeljaja and Askraba with having committed, as "deliberate participants" in a joint criminal enterprise, crimes against humanity against Bosniaks from the Kalinovik region and the surrounding municipalities, as part of a broad and systematic attack conducted by the Army and police of Republika Srpska and paramilitary formations, from April 1992 to March 1993.

The indictment alleges that Bundalo was Commander of the Tactical Group, TG, in Kalinovik, Zeljaja was Commander of the Public Safety Station, SJB, in the same town and Askraba was a guard in "Barutni magacin" ("Gunpowder Depot") detention camp, where he also performed the functions of manager. The Prosecution charges the three men with persecution, murder, forcible resettlement, unlawful detention, torture, and rape.

"We have presented sufficient evidence to prove that the three indictees committed the crimes charged upon them. (...) The indictees were informed about the attacks by the nature of the functions they performed. Bundalo, as a senior military chief, obtained information even prior to the attacks," Halilovic said, adding that numerous witnesses confirmed that members of the SJB, "in collaboration with the TG", were responsible for the attacks on Kalinovik Municipality villages.

The Prosecution considers that it is an undoubted fact that policemen, "who were under Nedjo Zeljaja's control", arrested all the men from Kalinovik, and Askraba was aware of the unlawful arrests taking place, because he "managed the detention of those people in 'Barutni magacin'".

"He knew that those people were civilians, because all of them were his neighbours, who had lived there with their families," the Prosecutor said, adding that it "must have been obvious" to the indictee that this was done "in line with a coordinated prosecution policy".

In its closing arguments the Prosecution specifically mentioned the four counts contained in the indictment, as well as tens of sub-counts, claiming that it considered each of these to have been fully proved, "with no doubt at all".

"We cannot say they had to do that. They had a choice. They could decide to go to the front lines and expose themselves to danger. However, instead of doing that, they agreed to participate in crimes," the Prosecution said.

The Prosecution considers that, from July 7 to August 5, 1992 Askraba "managed" the "Barutni magacin" detention camp, where Bosniak men were detained. The indictment alleges that, on August 5, 1992, the men were taken away and shot in the vicinity of the detention camp. It is further alleged that a certain number of bodies were burnt.

"'Barutni magacin' has all the elements of a detention camp - guards, wires, minefields, civilians held in inhumane conditions and execution of civilians," Halilovic said.

He said that no mitigating circumstances should be taken into consideration when deciding on the sentence against Ratko Bundalo, because he "still conceals the crime locations and perpetrators". Halilovic said that, despite the fact that there "are a number of aggravating circumstances" in the case of Nedjo Zeljaja and Djordjislav Askraba, there are still some mitigating circumstances, including their help to some individuals during the course of the war.

The Prosecution said that the indictees were "high-ranking individuals", and that this was why the Prosecution gave a detailed analysis in its closing arguments as to why the case did not refer to the indictees' command responsibility, but to a joint criminal enterprise.

"We cannot say that they 'failed to prevent' some events, when they actually ordered half of those things. They cannot prevent what they ordered people to do - that would be a contradiction in itself," Halilovic said. At the end of his closing arguments he called on the Court to order the indictees into custody once the verdict has been pronounced.

Prior to presentation of closing arguments by the Prosecution, the Trial Chamber examined protected witness A at this hearing. The witness confirmed having made an official note on problems present at the SJB in Kalinovik in 1992. The Prosecution included the note in the case file.

The Defence teams are due to present their closing arguments on November 30.