Bundalo et al: New Defence Witnesses

By the next hearing, scheduled for November 6 this year, the Defence is due to inform the Trial Chamber of the names and the number of witnesses it intends to examine.

The Defence of Nedjo Zeljaja decided to file a proposal for examination of new witnesses after the Trial Chamber had accepted, on October 20 this year, the changes introduced to the indictment by the State Prosecution.

Nedjo Zeljaja, Ratko Bundalo and Djordjislav Askraba are charged with crimes against humanity committed in Kalinovik Municipality. The Prosecution charges the three men, as deliberate participants in a joint criminal enterprise, with having participated in the persecution, murder, forcible resettlement, extermination and torture of Bosniaks from that municipality from April 1992 to March 1993.

As per the revised indictment, Bundalo and Zeljaja actively participated in the establishment and organization of “Barutni magacin” detention camp in Kalinovik and Askraba managed the detention camp, as commander of guards. The indictment alleges that detainees were taken from the detention camp to the front lines to perform forced labour. Some of them have allegedly been missing since then.

The Court of Bosnia and Herzegovina rejected the Defence’s proposal to order a chemical analysis of the pen used for writing the names of detainees who left Barutni magacin.

“We have rejected the proposal, considering that numerous pieces of evidence have been presented concerning the book of departures of prisoners, which the Trial Chamber will take into consideration,” Trial Chamber Chairman Stanisa Gluhajic said.

The Chamber rejected the proposal made by the Defence of Ratko Bundalo to suspend the criminal proceedings against its client because it has filed a criminal report against protected witness H, who testified for the Prosecution of Bosnia and Herzegovina.

“We propose that the proceedings against Ratko Bundalo be suspended until the criminal report against protected witness H has been processed. The statement given by this witness represents a clear example of a false statement. This is a key witness for our client, but he has changed his statements. He has testified in line with the Prosecution’s needs,” Defence attorney Drazen Zubak said.

Prosecutor Munib Halilovic said that this proposal was “a legal nonsense, unheard of”.

“This Trial Chamber is supposed to decide which parts of the witness’ statements it would trust and which parts it will not trust. This is a high-ranking official, who was burdened by his role, but he did not get immunity,” Halilovic said.

Judge Gluhajic said that “a criminal report can be filed against the protected witness, but it is up to the Prosecution to decide whether to open an investigation or make some other decision.”

The Court of Bosnia and Herzegovina accepted the proposal made by the Defence of Ratko Bundalo to include as evidence, “an official note made by Marko Kovac, former Commander of the Tactical Group in Foca, and Svetozar Parezanin, former Chief of Headquarters of the Herzegovina Corps”.