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Bundalo et al: Maiden as the Sun and Righteous as the God

Nedjo Zeljaja

03 December 2009  

Continuing its presentation of closing arguments at the trial for crimes committed in Kalinovik, the Defence of Nedjo Zeljaja calls on the Court to acquit its client of all charges.

"The Defence does not deny that a certain number of people were killed in the Kalinovik area. We did not deny the injured parties' suffering. However, Nedjo Zeljaja is not responsible for those crimes. He did not plan, abet, help or commit those crimes. With due respect to the victims, we hope the Prosecution of Bosnia and Herzegovina will try the responsible people," Defence attorney Vesna Tupajic-Skiljevic said.

Indictee Zeljaja personally wrote his closing arguments, but he wanted them to be read in court by his second attorney Radivoje Lazarevic.

"Following the fall of Rogoj, which was taken over by the Army of Bosnia and Herzegovina in August 1992, about 90 percent of the population left Kalinovik. My family stayed there. My children experienced the horror of the war... Some people called me a Serb betrayer, because I helped Muslims. For some people and for the Prosecution I am a war criminal. I pay due respect to all victims," Zeljaja said.

The Prosecution of Bosnia and Herzegovina charges Zeljaja, Ratko Bundalo and Djordjislav Askraba with crimes against humanity committed in the Kalinovik area. The indictment alleges that Zeljaja was Commander of the Public Safety Station in Kalinovik, Bundalo was Commander of the Tactical Group, and Askraba was Commander of guards who also performed the functions of "Barutni magacin" detention camp Manager.

"As far as the war crime is concerned, I am as pure as the sun and as righteous as God. I expect this Trial Chamber to determine the same and pronounce a fair verdict," Zeljaja said.

Presenting her closing arguments Defence attorney Tupajic-Skiljevic said that Zeljaja "did not have effective control over the police forces because, de jure and de facto, he did not perform the function of Commander," adding that he therefore could not bear the responsibility for eventual mistakes of police forces.  

"The Prosecution of Bosnia and Herzegovina has not proved, beyond reasonable doubt, that Zeljaja was Commander of Police in Kalinovik. The Defence's material evidence suggests that he did not perform the function from April 1992 to March 1993," Tupajic-Skiljevic said.

Commenting on the detention of Bosniaks, which is charged upon the second indictee, Tupajic-Skiljevic said that the Defence did not deny that people had been detained, but it considered that Nedjo Zeljaja was not responsible for this, because the orders were issued by Bosko Goveradica, the then Chief of the Public Safety Station in Kalinovik.

As stated by the Defence attorney, Govedarica also signed "the approvals for taking detainees to perform labour".

The indictment charges the three indictees with having been participants in a joint criminal enterprise, together with Bosko Govedarica, Grujo Lalovic, president of executive authorities, and members of the Wartime and Crisis Committee of Kalinovik Municipality, as well as other members of the Army, police and paramilitary formations.

Commenting on the allegation that he participated, together with unknown people, in murders committed in Jelesac, Jezero and Mjehovina villages, in Kalinovik Municipality, Tupajic-Skiljevic said that Zelojaja was not present in Kalinovik at the time, adding that there was no subordinate-superior relation between him and those unknown people, so he did not have the possibility of punishing the perpetrators.  

The third indictee will start presenting his closing arguments on December 4.