Neskovic and Ilic: (Un)grounded Custody Motion

The Prosecution argued that the two indictees, who are charged with crimes committed in Srebrenica, should be ordered into custody due to the possibility that they may attempt to influence witnesses and accomplices and disturb public order, while the indictees’ Defence teams consider there are no reasons for ordering them into custody.

The Court of Bosnia and Herzegovina will render a decision concerning the motion at a later stage.

Neskovic and Ilic, former members of the “Jahorina” Training Center with the Special Police Brigade of the Ministry of Internal Affairs, MUP, of Republika Srpska, RS, are charged with crimes against humanity committed in the Srebrenica area in July 1995.

The indictment alleges that they participated, on July 12 and 13, 1995, in the search of houses in the vicinity of Potocari and the escorting of Bosniaks to the United Nations base. In addition, Neskovic is charged with having ordered two Training Center members, whom he knew, to kill two prisoners in the Kravica Agricultural Cooperative warehouse in Bratunac municipality on July 13 and 14, 1995. The two men allegedly carried out his order.  

The indictment alleges that, “by shooting from an automatic rifle at a pile of executed detainees”, Ilic “’checked’ whether any of them survived the initial shooting”. It further alleges that he killed a prisoner in Jelah village on July 17, 1995.

State Prosecutor Ibro Bulic argued that the indictees should be ordered into custody because otherwise they might attempt to contact witnesses and accomplices and influence them in order to make them change their statements.

“There is a real risk that the two indictees might intimidate witnesses. I must stress that the Prosecution is conducting investigations against a few other individuals who are associated with these crimes. Earlier today I received a note from Interpol, asking us to provide them with a few pieces of information about a person who was arrested in Russia, who participated in these events,” Bulic said.

The indictees’ Defence considers that the reasons for ordering them into custody are groundless.

“There is no evidence that my client got in touch with certain persons. The Prosecution has not proved that he might try to do so. We do not consider there is a danger that he might influence the accomplices either,” Vesna Tupajic-Skiljevic, the first indictee’s Defence attorney, said.

Ilic’s Defence attorney, Milos Peric, said his client has respected the prohibiting measures while at liberty, adding there was no grounds for ordering him into custody.

“Ilic is in a specific position, because certain prohibiting measures were previously ordered against him as per a Prosecution request. Had he wanted to influence witnesses, he could have done so over the course of the past eight months,” Peric said.

Ilic was arrested in October 2009. At the beginning of January 2010 he was allowed to defend himself while at liberty under certain prohibiting measures as per a proposal made by the Prosecution of Bosnia and Herzegovina. Acting on a warrant issued by the State Prosecution, the State Investigation and Protection Agency, SIPA, arrested Neskovic in late August 2010. He has been held in custody since then.

 A.A.