Bastah et al: False Statements by Witnesses

“I was ordered to do things. I simply could not refuse the orders. I have now been victimized,” Bastah said.

The State Prosecution charges Bastah, a former reserve policeman with the Public Safety Station in Vlasenica, and Goran Viskovic, a former member of the Serb Republic of Bosnia and Herzegovina Army, with the capture, detention, beating and murder of Bosniak civilians in the Vlasenica area from April to September 1992.

In addition to the first indictee, Milorad Potparic, Bastah’s additional Defence attorney, presented his closing arguments at this hearing. He called on the Court to pronounce a verdict of acquittal.

“Our task was not easy, because we had to defend Bastah, who is charged with a number of crimes supported by false statements given by witnesses and allegations based on the false statements. This was done because the prosecution bodies wanted to make Bastah a war criminal,” Potparic said.

He told the Court the Prosecution’s indictment was “indefensible”, adding that it “is not based on reality”.

“The person who issues orders is the one making decisions about detaining people. However, Bastah’s actions did not include grave deprivations of liberty, because he simply captured people and executed orders,” Potparic said.

Bastah’s Defence attorney said it was illogical for a reserve policeman to be held responsible for a number of crimes committed in Vlasenica, adding that “each sensible person should question the President of the Crisis Committee and Chief and Commander of Police about those crimes”.

“Our client, as you could see during the course of the trial, is a mentally and physically unstable person, who is obedient to authorities. Had he been ordered to capture his father, he would have done that,” Potparic said.

The Trial Chamber warned Bastah several times during the course of the trial not to accuse witnesses of telling lies.

“Considering the circumstances, I call on the Court, even if it decides to pronounce him guilty, to pronounce a benign sentence against Bastah and exempt him from paying the trial costs. The only property he has is his own house. If he had to pay the trial costs, he would have to sell the house and jeopardize the existence of his family,” Potparic said.

As part of its closing arguments, the State Prosecution called on the Court to sentence Bastah and Viskovic to long-term imprisonment. At the last hearing the Defence of the first indictee called for a verdict of acquittal.

The next hearing is due to take place on January 25, 2010, when the Defence of Goran Viskovic will present its closing arguments.