Novalic: Deliberate Crime
19 March 2010 The trial of Cerim Novalic, who is charged with crimes against civilians committed in the Konjic area, begins with the reading of the indictment and the presentation of introductory arguments by the Prosecution.
Radio Justice Report
The Prosecution of Bosnia and Herzegovina considers it will be able to prove that Novalic, as a member of the Army of Bosnia and Herzegovina, raped one woman and threatened her by saying he would "kill her if she screamed" in Dzepa village, Konjic municipality in September 1992.
"Holding a rifle in his hand, he first ordered her to take her clothes off and then raped her. After that he left the house, together with an unidentified soldier," Prosecutor Sanja Jukic said, reading the indictment.
The indictment alleges that Novalic and an unidentified member of the Army of Bosnia and Herzegovina forcibly entered the house of Stanko and Borka Saran. The other soldier stayed in the basement together with Stanko Saran, while the indictee ordered his wife Borka to go to the first floor, where her two adolescent children and disabled mother-in-law were at the time.
"He was aware of the fact that he, as an armed soldier, entered a house owned by Serb civilians, who were not associated with any of the parties to the conflict. He deliberately used his position to commit rape," the Prosecutor said, adding that she would prove this by examining witnesses and "the other incriminating actions" by presenting material evidence.
Ismet Mehic, Defence attorney of the indictee, said he would attempt to refute "the legal and factual part of the indictment" and prove that the injured party, Borka Saran, "pointed" to his client after having been persuaded by others to do so.
"We know who the father of the injured party's child, conceived at that time, was. I consider the Prosecution has not examined all the facts in a proper manner," Mehic said.
The Trial Chamber made a decision not to hold a pre-trial conference "due to the simplicity of the case". At this hearing the Prosecution announced that it would need three days to present evidence. The indictee's Defence announced that it would examine "five or six witnesses" and a psychiatrist, who would testify as an expert witness.
At the next hearing, due on March 23, 2010, the Prosecution will examine its first witnesses.
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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
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