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Karajic: David Versus Goliath

Suljo Karajic

11 February 2010  In his closing statement indictee Suljo Karajic thanks the Trial Chamber, adding that he is "ready to accept any decision made by the Court".

"I would like particularly to mention, with good will and fully conscious of my words, that I am happy and satisfied by the fact that Bosnia and Herzegovina has a State Court and Prosecution, as I consider this is what I fought for. I would like to stress my gratitude for the professional, correct and fair trial. My opinion will not change once the verdict has been pronounced, irrespective of what the verdict may say," Karajic said.

In his statement, the indictee said he was "aware of his failures", adding that he "fully affirms the admission of certain crimes".  

"Other people have used me, although I was a personification of resistance and courage, to acquit themselves of their sins. I did not do anything but what I have already admitted," Karajic said.

The State Prosecution charges Suljo Karajic, former Commander of the Second Military Police Squad with the 505th Motorized Cavalry Brigade of the Fifth Corps with the Army of Bosnia and Herzegovina, with crimes against prisoners-of-war and civilians committed in the Bihac district during 1994 and 1995.

Tetsifying for his Defence, the indictee admitted the crimes described in three out of ten counts, including the murder of Amir "Kolac" Karajic. He denied the other crimes of which he is charged.

The crimes were committed during the course of the conflict between the Army of Bosnia and Herzegovina and the National Defence of the Western Bosnia Autonomous Region, ND WBAR, founded by Fikret Abdic in September 1993. The Region existed until 1995. Abdic was sentenced, in Croatia, to 15 years in prison for crimes committed during this period.

"We would like the Court to pay special attention to the character of the conflict and its influence on its participants. The witnesses' statements indicate that this was a conflict between David and Goliath, which had the most brutal elements of a military conflict. The Fifth Corps of the Army of Bosnia and Herzegovina, in this case David, was unarmed, the population was hungry, while the Bihac District was attacked from all sides," Hasan Veladzic, Defence attorney of the indictee, said.  

The Defence stated there were no aggravating circumstances in the case of Karajic, adding that the Court should take into consideration "the unique mitigating circumstances" and sentence Karajic to less than 10 years in prison.  

"What happened to Suljo Karajic in 1994? The indictee had been an excellent soldier before 1994. He did not do any bad things until the murder of Kolac or after the murder. (...) The Defence has undoubtedly proved that the indictee had been wounded three times prior to that date and that he suffered excruciating pain. He was also affected by cold, malnutrition and exhaustion, while exposed to constant severe attacks by the aggressor. All these things led to reduced mental competence," the Defence argued.

Veladzic said indictee Karajic could not be held responsible for crimes committed against civilians, due to the fact that "the injured parties mentioned in the related counts are undoubtedly on the side of the Army of Bosnia and Herzegovina".

"International law foresees criminal responsibility only in case civilians are followers of the opposite conflicting party, which was not the case here. Therefore, even if a crime was committed against them, it should be characterized as some other type of crime, which is not under the jurisdiction of this Court," Veladzic said.

The Defence pointed out that the indictee was "a volunteer who fought for his own survival" during 1994, adding that he was not a member of the Fifth Corps of the Army of Bosnia and Herzegovina at the time.

"The Defence will also say the following about the protected witnesses, who asked for protection measures out of fear. Their reasons are justified. They should be afraid, but only of the volume of contempt for them among honourable citizens of Velika Kladusa. They are hiding from themselves, because they did not tell the truth," Veladzic said.

The next hearing, at which the Defence will continue presenting its closing statements, is scheduled for February 19, 2010.