
04 March 2010 Goran Neskovic, former Assistant Minister of Justice of Republika Srpska, says prisoners-of-war who were held in Kula Penal and Correctional Facility were under the exclusive responsibility of the Army and police.
"The Ministry of Defence made a decision on forming centers for prisoners-of-war with penal and correctional facilities. All prisoners were under the control of the Army and civil police. (...) As per the Instructions for Treating Prisoners-of-War, the military and civil safety bodies could arrest people or take them out for questioning whenever they wanted," Neskovic said testifying for the Defence of Soniboj Skiljevic.
Neskovic said the prison management team could not make decisions pertaining to the exchange of prisoners, as this task was performed by "the military exchange commission".
Radoje Lalovic and Soniboj Skiljevic are charged with crimes committed in "Butmir" Penal and Correctional Facility in Kula, near Sarajevo, where non-Serb men, women and children were detained. The indictment alleges that detainees were held in inhumane conditions and taken to other locations where they performed forced labour. Some of them were allegedly killed while performing the labour.
The indictment alleges that Lalovic was Kula Manager until the end of 1992 and that his former deputy, Skiljevic, took over the function of Facility Manager at the end of 1992 and performed this function until the end of 1995.
Neskovic confirmed that, as per an instruction issued by the Ministry of Defence, detainees could be used for performing labour within and outside the prison complex.
"They performed the tasks which the Army considered necessary. As far as I know, some people wanted to perform labour because they would get more food," Neskovic said.
The second Defence witness, Nedjo Draskovic, former President of the District Court in Eastern Sarajevo, said he had regular contacts with both Managers of the Kula Facility, adding that their relations were "completely correct".
"I maintained contacts with Lalovic and Skiljevic. I contacted them in relation to civil detainees, who were ordered into prison by a regular court. They always behaved in a correct manner," Draskovic said, adding that the prison management was responsible for civil detainees only, while the Army and police were in charge of the other detainees.
The witness said the living conditions were "the same as pre-war" conditions, adding that the rooms were clean and tidy. He said that "members of the Management team and prisoners" used to get the same type of food.
Zeljko Mitrovic, former Commander of a working squad in Grbavica, said he used the Kula Facility detainees for setting up sniper protection systems, digging trenches and performing other types of work from the summer of 1992 "to the end of the war in 1995".
"The first time I came there, a guard asked detainees if they wanted to go. Twelve of them volunteered on this occasion. Detainees used to go to work voluntarily. (...) I used to take detainees out and bring them back every time. A duty guard would always write down the names of the people who went with me to perform labour. People were counted on their return," Mitrovic said.
In March 2009 Zeljko Mitrovic admitted guilt before the Cantonal Court in Sarajevo, for crimes against civilians. He was sentenced to two years in prison.
Mitrovic said the working conditions were "equally difficult for everyone". He recalled a few people having been wounded while performing the labour.
"The war itself and Grbavica settlement were dangerous. (...) I remember a man having been wounded and another one killed. In addition to Kula detainees, other people were wounded as well. Wounding happened every day under those conditions. I was wounded three times," Mitrovic said.
The trial is due to continue on March 10, 2010.
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