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Nikola Kovacevic, sentenced by the first instance before the War Crimes Chamber for crimes committed on the territory of Sanski Most, has asked that Appeals Chamber chair Azra Miletic be dismissed from the trial because of her nationality.
Kovacevic was sentenced to 12 years imprisonment by the first instance chamber in November last year. The Prosecution, Defence and the indictee filed appeals that they were supposed to explain at the Appeals Chamber session.
According to the first instance verdict, Kovacevic, who was called Danilusko Kajtez until 1996, was found guilty for taking part, as a member of Serbian Armed Forces (SOS) during 1992, in the capture, deportation and torture of civilians and their transport to detention camps on the territory of Sanski Most municipality. Many civilians did not survive the journey to the camps.
Husein Music, defense attorney, explained that the reason for the request for exemption was “nationality of judge Miletic” and also that “there were no legal basis for this”.
“My client has been in custody for a long time. Since the beginning of the trial, all judges have been Bosniaks and Croats, and he has noticed that they do not treat him in a fair and regular way,” said attorney Music, and added that Kovacevic had a feeling that “the trial was in the Federation of BiH and not before the BiH Court”.
“I do not have anything against you as a professional, but the judges are sensitive and biased as they live and work in Sarajevo,” Kovacevic told Judge Miletic.
The BiH prosecution considers that, by this request, Kovacevic wants to gain time.
“Although the request has come in late, we have let you express your opinion as we do not want to imperil your right to a fair trial,” said Judge Miletic and announced that the request would be forwarded to the general session of the Court of BiH for final decision.
