Lalovic and Skiljevic: Proving criminal enterprise
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The trial of Radoje Lalovic and Soniboj Skiljevic, charged with crimes against humanity committed in “Butmir” Correctional Facility in Kula, near Sarajevo, began with the reading of the indictment and the presentation of introductory arguments by the Prosecution of Bosnia and Herzegovina.
“I shall prove that the indictees were deliberate participants in a joint criminal enterprise, in collaboration with the then Justice Minister of the Serbian Republic of Bosnia and Herzegovina and his assistant for the execution of criminal legal sanctions, as well as detention camp guards and police structures,” Prosecutor Behaija Krnjic said, without naming the individuals he was referring to.
During the period cited, Momcilo Mandic was Minister of Justice. Mandic was charged by the Court in Sarajevo with crimes committed in Kula, but he was acquitted of all charges by a first-instance verdict.
The indictment alleges that Lalovic and Skiljevic participated, from May to mid December 1992, in a joint criminal enterprise, “with the aim of persecuting the non-Serb population”. People were detained in “Butmir” Correctional Facility in Kula, which, according to the indictment, “functioned as a detention camp”.
The State Prosecution charges Lalovic in his capacity as former manager of the “Butmir” Correctional Facility in Kula and Skiljevic as his deputy.
The Facility is located on the territory of Eastern Sarajevo, Republika Srpska. It was used as a prison before the war.
The indictment alleges that Lalovic and Skiljevic “supervised the detention camp conditions and made decisions concerning the detainees’ daily regime”. As a result of this regime, some detainees lost weight, while others, deprived of medical assistance, eventually died.
“Guards used to take detainees out and physically abuse them or allowed other people to do that. Lalovic and Skiljevic knew about this. They encouraged, agreed and assisted them in doing this, thus significantly contributing to and improving the functioning of the abuse system in the detention camp,” the indictment alleges.
Presenting his introductory arguments, Prosecutor Behaija Krnjic said that he would prove the charges by examining 54 witnesses, including 51 eye-witnesses, who were present when the crimes of which the indictees are charged were committed. They suffered “detention camp hell”, he said.
“People who performed some functions in the “Butmir” Correctional Facility will be examined as well. They will show us how the detention camp functioned,” Krnjic said, adding that he would present about 500 pieces of material evidence.
Krnjic said that during the course of the Prosecution evidence presentation a medical expert witness would be examined, who would speak about injuries inflicted on detainees, whose bodies were exhumed after the war.
“By presenting these pieces of evidence, we shall enable the Trial Chamber to determine, beyond reasonable doubt, the criminal responsibility of the two indictees,” Krnjic said.
The Defence made use of its legal right not to present introductory arguments at this stage of the trial.
The trial is due to continue on March 9, when the first Prosecution witnesses will be examined.
