Gasal et al: Cancellation of Prohibiting Measures

Fahrija Karkin, Defence attorney for Enes Handzic, asked for the cancellation of the measure banning his client from contacting other indictees in this case, because, as he explained, “the Defence is soon to start presenting evidence, so there is a need to harmonize the allegations by all defence teams”.

The Prosecution said that it did not see any point in changing the prohibiting measures, because “the Prosecution evidence presenting is still underway”. The Court will render its decision at a later stage.

The Prosecution charges Nisvet Gasal, Musajb Kukavica, Enes Handzic and Senad Dautovic with crimes committed against Croatian civilians, who were detained in garages and detention camps in Bugojno during the course of 1993 and 1994.

The indictment alleges that Gasal and Kukavica were responsible for functioning of “Iskra” detention camp. Enes Handzic, former Assistant Commander for Security with the 307th Brigade of the Army of Bosnia and Herzegovina, and Senad Dautovic, former member of the Joint Command of the Bosnian Army for Bugojno, are charged with participating in the capture of civilians and its planning.

As of February 19 this year the four men have been defending themselves while at liberty, but a number of prohibiting measures were pronounced against them. Among other things, the prohibiting measures against the four indictees include a ban on contacting witnesses, accessories and helpers, as well as “contacting each other”.

At this hearing the State Prosecution continued presenting its material evidence, by introducing 87 documents, including mainly certificates of wounding or level of disability for former members of the Croatian Defence Council, HVO.

The State Prosecution also presented certificates issued by the Defence Service of Bugojno municipality concerning a missing person status, as well as death certificates issued by the Municipal Court, a decision issued by the Municipality concerning family disability benefits and a certificate on the circumstances of their death issued by the so-called “Republic of Herceg-Bosna” in the names of Stipica Zelic and Frano Jezidzic.

The Defence teams objected the introduction of the certificates issued by Herceg-Bosna, explaining that the Federation of Bosnia and Herzegovina had already been established in 1996, when those certificates were issued. The Prosecution responded by saying that the set of certificates was obtained from the Defence Section of Bugojno municipality, adding that all certificates “were included in one joint list”.

The Croatian community of Herceg-Bosna declared its establishment in November 1991. In August 1993 the Croatian Republic of Herceg-Bosna was proclaimed. It was established by the Croatian political leaders in Bosnia and Herzegovina. It was revoked by the Washington Agreement signed in February 1994.

Other pieces of evidence included certificates on disability level in the case of 16 former members of HVO, who were detained in Iskra detention camp in Bugojno during the course of 1993 and 1994.

Among other things, the evidence included findings and opinions made by the medical Commission for Examination of People covered by the Law on the rights of former soldiers and their family members, certificates issued by the Defence Section of Bugojno municipality concerning fulfillment of the right to social benefits and certificates on captured people issued by the International Red Cross.

The next hearing is due to take place on June 24, 2009, when the Prosecution will continue presenting material evidence.