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Nedzad Hodzic: Request for Exemption of Judge

Konjic

19 March 2010  At the hearing to consider the extension of prohibiting measures in the case of Nedzad Hodzic, the Defence asks for exemption of preliminary hearing Judge Jasmina Kosovic.

"I consider this trial cannot be fair and I therefore request your exemption. I have to say that the indictment was sent to me by fax yesterday. It happened that I received the last four pages only. In addition, I consider such an attitude towards the Defence to be unfair, because 24 hours is not sufficient time for reading and analyzing an indictment of this scope," attorney Midhat Koco said.

The Court will render a decision at a later stage.

The Prosecution filed the indictment against Nedzad Hodzic on March 12. The Court of Bosnia and Herzegovina confirmed it seven days later.

Hodzic, also known as John Wayne or Johnny, is charged, as a member of the "Zulfikar" Special Purposes Squad with the Main Command Headquarters of the Army of the Republic of Bosnia and Herzegovina, ARBiH, with having participated, on April 16, 1993, in "a well-prepared and previously planned attack" on Croat civilians in Trusina village, Konjic municipality.

The indictment alleges that Hodzic "led one direction of the attack", during the course of which a certain number of civilians were killed. It is further alleged that he issued an order for and participated in the shooting of Croatian Defence Council, HVO, members, who had previously surrendered, in Gaj hamlet. The Prosecution charges him with war crimes against civilians and prisoners-of-war.

Hodzic was arrested in September last year. In January 2010 the Court of Bosnia and Herzegovina released him from custody, ordering a number of prohibiting measures, including confiscation of travel documents, a ban on leaving his place of residence and a ban on contacting potential witnesses.

The indictee was absent from the prohibiting measures extension hearing because, as stated by his Defence attorney, "he is sick and unable to get out of bed or leave his house".  

"I have to tell the Court each time that my client is unable to participate or follow the trial. He is a sick man, who has to be treated in a psychiatric clinic. Two court experts have confirmed this. The Court is neglecting this fact. This is one of the reasons for which I am asking for the exemption of the preliminary hearing judge," Koco said.

Preliminary hearing Judge Jasmina Kosovic said she could not accept the reasons for the indictee's absence, and asked the Defence to submit medical documents supporting its statement.