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Samardzic verdict to be announced on December 13

8. December 2006.00:00
Both the prosecution and the defence have presented their closing arguments before the appellate council, marking the final phase of the retrial.

This post is also available in: Bosnian

At the end of the Nedjo Samardzic retrial, the prosecution again requested a long prison sentence, while the defence asked for an acquittal. The court will announce its decision on December 13.

In the first-instance verdict, which was announced at the beginning of April of this year, Samardzic was sentenced to 13 years and four months imprisonment for crimes committed on the territory of Foca.

At the beginning of October, after both sides appealed to the decision, the Appellate Council made a decision to hold a retrial.

Based on the appeals, the judges concluded that the “facts were not correctly determined” during the first instance procedure.

During the retrial, which started on November 22, the court re-heard statements of most witnesses, which were either read or audio records were played, and reviewed written documents.

In its closing argument, the Bosnian prosecution explained the indictment in which Samardzic is charged with crime against humanity committed on the territory of Foca municipality during 1992 and 1993.

He is charged that from April 1992 to March 1993 he, as former member of Army of Republika Srpska, took part in an expansive and systematic attack against Bosniak civilians on the territory of Foca municipality. Samardzic is charged with the forced relocation of population, murder and other inhumane acts.

Among other things, Samardzic is charged that he was one of the persons who controlled the Karaman House – a notorious detention camp for women in Miljevina – where he kept several girls and underage women in sexual slavery for a long time period.

“The indictee raped underage girls and other women, which caused heavy psychological consequences for his victims,” prosecutor Behaija Krnjic claimed.

The first instance court and the appeals chamber heard statements of several witnesses who spoke of the events that took place in the Karaman House, where, according to one of the witnesses, detained women were treated as objects.

A 12-year-old girl was among the victims. She had dolls with her when she was first brought in. Her fate is unknown to this day.

Prosecutor Behaija Krnjic believes that during the process witnesses “clearly and unambiguously” confirmed Samardzic’s involvement in the events that took place on the territory of Foca, with which he is charged.

Among other things, he is also charged with beating a group of civilians who were brought in August 1992 by buses in front of the Miljevina police station, then taken towards Miljevina mine where they were killed. In October 2001, the remains of 13 persons were found in mass grave Sljivovica, while the search is still ongoing for the rest of them.

The indictee is also held responsible that in June 1992 he took three men of the Grbo family from Rataj village,whose fate is still unknown, and that he took and physically abused Sucrija Softic from the same village.

The prosecution also holds the indictee responsible for the expulsion of civilians from Miljevina on September 3, 1992. The civilians were transferred by buses to sports hall Partizan in Foca, then to the territory controlled by Army of BiH.

“All witnesses clearly and precisely explained how they had to leave Miljevina and that the indictee took part in their expulsion,” prosecutor Behaija Krnjic said.

The prosecution believes that only a long jail sentence is adequate punishment for the crimes.

But defence attorney Slavisa Prodanovic said that in his opinion the evidence offered by the prosecution is “unconvincing” and witness statements “contradictory”.

Prodanovic said that the prosecution did not successfully prove that the events with which Samardzic is charged even took place – and even less successfully that he committed them.

“The prosecution did not prove beyond reasonable doubt that the indictee raped two underage girls in the Karaman House or that he took part in deportation of population from Miljevina,” he said.

In his closing argument, Prodanovic noted the high pressure of media on the Bosnian court during the process and expressed his hope that the court will successfully resist the pressure.

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This post is also available in: Bosnian