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The Defence says these grounds are insufficient and calls on the Court to pronounce prohibiting measures.
The Trial Chamber will render a decision at a later stage.
The State Prosecution based the custody extension motion in the case of Zulfikar Alispago, known as Zuka, on the grounds for suspicion that he took part in the crime in Trusina village, the possibility that he might try to flee or influence witnesses or accomplices, and the possibility that he might disturb the peace if released.
The Prosecution said this justified the extension custody, while the Defence argued that these reasons were “insufficient and unconvincing” and said prohibiting measures should be ordered instead.
Alispago is suspected, as Commander of the “Zulfikar” Special Purposes Squad with the Army of Bosnia and Herzegovina, of having failed to take “necessary and reasonable measures” to punish members of his unit who conducted an attack on Trusina village in Konjic municipality on April 16, 1993. During the attack 19 civilians and three members of the Croatian Defence Council, HVO, were killed.
Acting on a warrant issued by the Prosecution of Bosnia and Herzegovina, the State Investigation and Protection Agency, SIPA, arrested Alispago on February 1, 2010. He has been held in custody since then.
Asim Crnalic, Defence attorney of Alispago, said the Prosecution did not have “adequate evidence” of Alispago’s participation or awareness of the crime, and proposed that the Court set bail, in cash or real estate, to ensure that the suspect does not leave Bosnia and Herzegovina.
“Mr. Zulfikar Alispago has cooperated with the Prosecution of Bosnia and Herzegovina for a long time. He knew an investigation was being conducted against him, but he did not flee. (…) I consider the Prosecution’s statement about the possibility of disturbing the public order to have political connotations, as it indicates that top civilian and military officials were involved in the Trusina crime, and the Defence does not deny the crime happened. However, the Prosecution does not specify who these officials were,” Crnalic said.
Addressing the chamber, Alispago said he did not command the Special Unit at the time when the attack on Trusina was conducted, adding that Nihad Bojadzic was responsible for the Unit at the time. He said the investigation into crimes committed in that village was opened thanks to the help he had given the Prosecution.
“I think I deserve credit for the entire investigation. Although I knew I was suspected of the crimes committed in Trusina, I have not fled,” Alispago said.
Nihad Bojadzic, former Deputy Commander of the “Zulfikar” Special Purpose Squad of the Army of Bosnia and Herzegovina, was arrested, in November 2009, on suspicion that he participated in the same crimes. Under a warrant issued by the Prosecution of Bosnia and Herzegovina, Mensur Memic, Dzevad Salcin, Senad Hakalovic, Jusuf Hadzajlija and Nedzad Hodzic were also arrested.
The suspects were members of the Special Squad and the “Neretvica” 45th Mountain Brigade of the ABiH.
Rasema Handanovic and Edin Dzeko, who are suspected of participation in this crime, are reported to have been arrested in the US.
