ICTY: Indictment expansion motion rejected

The Trial Chamber of the International Criminal Tribunal for the former Yugoslavia, ICTY, rejected the Prosecution’s motion, requesting the expansion of the indictment against Milan and Sredoje Lukic.

The Prosecution filed the motion with the Chamber in late June this year, despite the fact that the Tribunal indicated that the final deadline for filing of the motion would be mid-November last year. This is the main reason for which the Chamber decided to reject the indictment expansion motion.

On June 12 the Prosecution filed the motion, asking for expansion of the indictment against Milan and Sredoje Lukic, wanting to include in it the charges for the rape of women committed in Visegrad area.

In its motion the Prosecution stated that the collected evidence indicated that Milan and Sredoje Lukic kidnapped women and girls from their houses or shelters in Visegrad, “while, at the same time, they captured or killed their husbands, sons and brothers.”

“Milan Lukic and, on some occasions, Sredoje Lukic, held the women and girls in detention at several locations, most notorious of which were the ‘Vilina vlas’ hotel (the central office of Milan Lukic’s paramilitary group) and the ‘Hasan Veletovac’ school building, as well as some other locations,” the Prosecution said, adding: “Women were held in slavery, they were tortured and raped at those locations. Many of them were raped on multiple occassions.”

After the ICTY Prosecution had filed the motion, the Defence filed an appeal, considering that adding new amendments to the indictment might lead to extension of the trial and even delay the start of the trial.

The Defence said that the indictment had already been amended two times, which means that the Prosecution could have added the rape accusations earlier on.

“The Defence considers that the Prosecution was aware of the existence of the rape allegations when they took statements from witnesses ten years ago. It could have avoided this situation had it included these charges in the indictment at an earlier stage,” the Defence’s appeal indicates.

Milan Lukic is charged, as commander of “Beli orlovi” (“White Eagles”) or “Osvetnici” (“Avengers”) Paramilitary Unit in Visegrad, with war crimes and crimes against humanity, while Sredoje Lukic, a pre-war policeman from Visegrad, is charged, as a member of the Paramilitary Unit, with crimes against humanity.

The indictment further alleges that the two men participated in deflagration of 70 Bosniak women, children and the elderly, in a house in Pionirska Street, and 70 more persons in Bikavac settlement.

Besides that, they are charged with torture and beating of Bosniaks, who were detained in Uzamnica barracks.

Milan Lukic is separately charged with the shooting of Bosniaks on the Drina riverbanks.

Milan Lukic was arrested in Argentina in the summer of 2005. Sredoje surrendered to the Republika Srpska authorities in 2005, after having been hiding in Russia for years. The initial indictment against them was filed in 1997.

The trial of the Lukic cousins is due to start on Wednesday, when the Prosecution will present its introductory arguments.