Hodzic et al: Court Experts' Inadmissible Conduct
24 December 2009 A team of court experts, psychiatrists, has not been able to prepare, during the course of the past three months, a joint report on whether suspect Nedzad Hodzic is capable of staying in a detention unit.
At the request by attorney Midhat Koco, the Court of Bosnia and Herzegovina rendered a decision on reconsideration of the lawfulness of its decision to hold suspect Hodzic in custody. As stated by the suspect's Defence attorney, he is "an epileptic, who is on the edge of collapsing" and needs special health care.
In mid September the State Court ordered Hodzic and three other former members of the Army of Bosnia and Herzegovina, who are suspected of crimes committed in Trusina, in Konjic Municipality, into custody.
The Prosecution of Bosnia and Herzegovina considers that suspects Nedzad Hodzic, Mensur Memic, Dzevad Salcin and Senad Hakalovic, former members of the "Zulfikar" Special Purposes Squad with the Army of Bosnia and Herzegovina and the "Neretvica" 45th Mountain Brigade of the Army of Bosnia and Herzegovina, attacked Trusina village on April 16, 1993.
During the course of the attack 19 civilians were killed and four, including two children aged two and four, were wounded. On the same day three Croatian Defence Council, HVO, soldiers were killed.
The four men are suspected of war crimes against civilians. Hodzic and Memic are suspected of war crimes against prisoners-of-war.
Abdulah Kucukalic, who was the head of a three-member team of court psychiatrists, said the team had not managed to prepare joint findings concerning Hodzic's health state, adding that they were submitting to the Court their individual findings instead.
"Unfortunately, I must say we have not managed to agree upon procedural issues. For that reason, each of us has made his own opinion to which the Court can reply," the court expert explained.
Preliminary hearing judge Davor Jukic said the court experts' conduct was inadmissible, adding that they had to make, within the next 10 days, a joint report stating whether Hodzic needed special medical care in a psychiatric institution.
"Your task is to make a joint report, not individual reports. Only after it has reviewed a joint report can the Court of Bosnia and Herzegovina make an urgent decision on whether the first suspect will be transferred from the Detention Unit to a psychiatric clinic," Jukic said.
Suspect Hodzic left the hearing in the meantime, after he became ill.
Nihad Bojadzic, former Deputy Commander of the "Zulfikar" Special Purposes Squad with the Supreme Command Headquarters of the Army of Bosnia and Herzegovina, and Jusuf Hadzajlija, known as Homeini, former Assistant Commander for Security with the "Neretvica" 45th Mountain Brigade of the Army of Bosnia and Herzegovina, were also arrested on suspicion that they participated in the attack on Trusina.
Rasema Handanovic and Edin Dzeko are reported to have been arrested in the US on suspicion that they participated in this crime. They are believed to be awaiting extradition to Bosnia and Herzegovina.
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The opinions expressed in Balkan Insight are those of the authors and do not necessarily represent those of the Balkan Investigative Reporting Network
