Kovac: Retrial

By the first instance verdict, pronounced in July last year, Kovac was found guilty, as Commander of the Military Police Squad with the Vitez Brigade of the Croatian Defence Council, HVO, of having ordered, approved and committed the unlawful detention of Bosniak civilians in the cinema and Public Accounting Service premises in Vitez during the war.

In addition, Kovac was found guilty of having raped protected witnesses A and B.

The indictee’s Defence appealed the first instance verdict claiming that the criminal proceedings provisions had been substantially violated, facts were wrongly or incompletely determined and the Criminal Code had been violated.

Presenting its appeal at the hearing held on March 4, the Defence complained, among other things, that the first instance Chamber had rejected the proposal to renew the first instance trial when more than 30 days had passed between two subsequent hearings, despite the fact that it was legally obliged to renew the trial.

The Appellate Chamber accepted the appeal pertaining to the substantive violation of criminal proceedings provisions.

“The Appellate Chamber considers the exceeding of the 30-day time period affected the lawful and proper pronouncement of verdict. In its appeal, the Defence pointed to this issue in a manner that supported its argument,” the State Court’s announcement says.

The announcement further says that the Appellate Chamber will remedy the substantive violations of the criminal proceedings, hear the evidence presented earlier and, if need be, present other pieces of evidence during the course of the retrial.

Kovac has been held in custody since February 1, 2008.