The Court of Bosnia and Herzegovina allows indictee Miodrag Nikacevic to defend himself while at liberty, ordering certain prohibiting measures against him.
Following the completion of evidence presentation at the trial of Miodrag Nikacevic, the State Court rendered a decision terminating his custody.
The decision was rendered on the basis of a motion filed by the Defence, because all witnesses had been examined. It was explained that there “was no danger that the indictee may seek to escape or influence witnesses”.
“Due to these reasons the custody of indictee Nikacevic is terminated. He should be released right away,” Trial Chamber Chairman Davorin Jukic said.
Nikacevic is charged with having participated, together with other members of military, paramilitary and police forces of the former Serbian Republic of Bosnia and Herzegovina, in crimes against humanity committed in the Foca area in 1992. Among other things, he is charged with having raped two women in April and July 1992.
The trial Chamber ordered certain prohibiting measures against Nikacevic, including a ban on leaving his place of residence without the permission of the State Court, an obligation to report to the Police Station in Foca every day and a ban on discussing the case with anyone other than his Defence attorney. His personal identification documents and his passport, if he has one, will be confiscated.
The indictee had been in custody since February 2008, after having been arrested by the State Investigation and Protection Agency, SIPA, on a warrant issued by the State Prosecution.
Following the completion of evidence presentation, in January 2009, the Prosecution filed a revised indictment with the State Court. The Defence did not raise any objections. The public has not been informed of further details concerning the revised indictment.
The Prosecution is due to present its closing arguments at the next hearing, scheduled for January 27, while the Defence will do the same on February 3, 2009.