Trbic: New Trial Chamber Member

Nearly a year and a half after the beginning of the trial of Milorad Trbic, indicted for genocide in Srebrenica, the international judge, Lars Folke Bjur Nystrom, will leave the Trial Chamber as his four-year mandate is due to expire at the end of April.

“It is practically impossible to complete the trial by then,” Trial Chamber Chairman Davorin Jukiv said. “We will file a motion requesting the appointment of a new member. In a week from now we will hold a status conference at which we will try to resolve the outstanding issues pertaining to evidence presented so far. We regret this situation, as it will certainly further delay the entire trial, given the fact that the new Chamber member will have to familiarize himself with this voluminous case.”

The Criminal Procedure Code of Bosnia and Herzegovina stipulates that, in cases where a judge has to be replaced, the main trial must start from the very beginning. However, provided all parties agree, it is not necessary to examine all witnesses again, but rather to use their statements given during the main trial.

The trial of Milorad Trbic, former assistant commander for security with the Zvornik Brigade of the Republika Srpska Army, VRS, who is charged with participating in the execution of several thousand Bosniaks in Srebrenica in July 1995, began at the end of 2007.

After all the parties presented their evidence and the Prosecution filed a revised indictment with the Court, the Defence said that it would like to “propose a few new pieces of evidence”.

“The issue of witness P13 has remained unresolved, as we would like to cross-examine him. His earlier statements have been included in the case file. If he still refuses to testify, there is no way we can make him appear before the Court, but we have to know that we tried. In my capacity as Defence attorney, I shall insist on examining him, as I want to have a clear conscience,” Milan Trbojevic, Defence attorney for Trbic, said.

The Defence proposed the examination of Vinko Pandurevic, former commander of the VRS Zvornik Brigade, who was indicted by the Hague Tribunal for crimes committed in Srebrenica. The State Prosecution did not object to this proposal.

“Pandurevic recently testified as a Defence witness at his trial. We intend to ask for transcripts of his testimony,” Trbic’s Defence attorney said.

Trbojevic also announced that he wanted to introduce transcripts of pre-trial status conferences held before the International Criminal Tribunal for the former Yugoslavia, ICTY, in the case of Milorad Trbic, as well as some other documents pertaining to the same case.

Trbic was originally indicted by the ICTY, but in June 2007, as per a motion filed by the Hague Prosecution, the case was referred to the Court of Bosnia and Herzegovina for further processing.

The Trial Chamber will respond to these proposals after a new Trial Chamber member has been appointed.

The next status conference is due to take place on March 16, 2009.