Tomic and Josic: Verdict Due on March 12
05 March 2010 The Defence of indictees Ljubo Tomic and Krsto Josic argue that the Prosecution of Bosnia and Herzegovina has not proved the allegations in the indictment, and call on the Court to acquit their clients.
Radio Justice Report
The pronouncement of the verdict in the case of the two members of the Republika Srpska Army, VRS, who are charged with crimes committed in Zvornik, has been scheduled for March 12.
"I have nothing to do with the event they charge me with," Ljubo Tomic told the Trial Chamber. The second indictee, Krsto Josic, echoed this and added that his "conscience was clear and he can face everybody".
The indictment alleges that Tomic and Josic, as members of the VRS, "shot at their neigbours, using firearms" in Marhosi forest, in Kozluk, where Bosniaks from the surrounding villages were hiding, on June 26, 1992. They allegedly killed Muradif Ibrahimovic, and Izet and Semso Nuhanovic, while Nurija Nuhanovic managed to escape.
In their closing arguments the Defence teams said they had been able to "refute the time and place of death of the three killed people" during the course of evidence presentation, adding that they had also proved that the victims were not civilians but members of the Army of Bosnia and Herzegovina.
"According to death certificates, these people died on June 1 and not on June 26, 1992, as stated in the indictment. They died in Bijeli potok and not in Marhosi forest. The documents available to the competent Ministry indicate that the killed people were members of the Army of Bosnia and Herzegovina until June 1, 1992," Petko Pavlovic, Defence attorney of the first indictee, said.
Pavlovic commented on the application of the criminal code, arguing that the Court of Bosnia and Herzegovina would "violate the European Convention on Human Rights" if it does not apply the Criminal Code of the former Socialist Federative Republic of Yugoslavia, SFRJ, which was in force when the crime was committed, and which is more favourable towards perpetrators.
The Prosecution of Bosnia and Herzegovina presented its closing arguments at the last hearing, held on February 24. It called on the Trial Chamber to punish the indictees, but it did not specify what sentence should be pronounced.
"The key evidence at this trial was the statement given by Nurija Nuhanovic. However, the statement is contradictory in itself. It is also in contradiction to statements given by other witnesses and the findings and opinion of the court expert. Simply, the witness did not tell the truth," Nenad Rubez, Defence attorney of Krsto Josic, said.
Rubez asked why Nuhanovic did not do anything to save his son Izet, since parents usually do all they can for their children. He said Nuhanovic did not visit the place where the remains were found even though 15 years have passed since the event.
"Nurija Nuhanovic was not present when Izet, Muradif and Semso were killed. There is no logic in the statement alleging that the indictee searched the terrain and carried their rifles on their shoulders. It is illogical to say that someone fires a bullet at somebody from a distance of 40 meters and misses the target," Rubez said.
The trial of Tomic and Josic began at the end of August 2009.
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