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Judicial Institutions on Momir Savic's Flight

Momir Savic

25 May 2010  The Prosecution of Bosnia and Herzegovina says it has filed a custody order motion against Momir Savic, who fled before the pronouncement of a second instance verdict by the State Court and is now beyond the reach of prosecution bodies.

Momir Savic fled on May 17 this year. Several days later the Appellate Chamber of the Court of Bosnia and Herzegovina sentenced him to 17 years in prison for crimes against humanity committed in Visegrad.

By the second instance verdict Savic's sentence was reduced by one year, as he was acquitted of the charges that he sexually abused a protected witness.

Savic was ordered into custody on December 14, 2007 on grounds that he might seek to influence witnesses and accomplices and disturb the peace.

In December 2008, following the examination of all Prosecution witnesses, Savic was allowed to defend himself while at liberty, but certain prohibiting measures were ordered against him.

"At the main trial, on December 17, 2008, the Prosecutor asked for the indictee to be kept in custody due on grounds that he might seek to influence witnesses and accomplices, considering the fact that he was charged as the commander of a unit in the Visegrad area, which consisted of a large number of people," an announcement issued by the State Prosecution on May 25th.

As stated in the announcement, presenting his closing arguments in June 2009, the Prosecutor again asked the Court to order the indictee into custody on grounds that he might seek to flee or that he might disturb the peace, but the Court of Bosnia and Herzegovina rejected the request.  

"In fact, the Prosecution did not appeal the decision, considering the fact that the appeal would not have postponed its execution and the fact that the Court of Bosnia and Herzegovina had rejected the Prosecution's proposals and arguments for ordering indictees into custody on several occasions. On May 19 this year we received a decision ordering Savic into custody, but we have still not been officially informed of Momir Savic's flight," the Prosecution of Bosnia and Herzegovina says.

Meddzida Kreso, President of the Court of Bosnia and Herzegovina, told the media that the State Prosecution did not appeal the decision ordering Savic into custody.

"The possibility of influencing witnesses was the only remaining basis. One year later, all the witnesses had been examined and the request was no longer valid by law. Presenting its closing arguments, the Prosecution once again filed a motion asking the Court to order the indictee into custody due to existence of a danger that he might flee and disturb the peace. However, the Trial Chamber rejected the proposal, but the Prosecution of Bosnia and Herzegovina did not appeal the decision," Kreso told the media.

The Prosecution of Bosnia and Herzegovina points out that Momir Savic is not the first war-crimes indictee, defending himself while at liberty, who has fled.  

"This practice makes our work pointless. Prohibiting measures are a good alternative to the most strict measure, i.e. custody, but in order to apply them we must have a perfect system in place. The system consists of several institutions, including judicial and police bodies and the State Border Service. Breaking any of the links in the chain causes huge problems," Kreso told Justice Report.