Klickovic et al: Unaware of Crimes

The Defence teams have examined more than 90 witnesses and included about 500 pieces of material evidence in the case file over the course of the trial.

The parties are due to start presenting their closing arguments on October 5 and 6.

The State Prosecution charges the three indictees with murders, deportation, torture, detention, forced labour and other inhumane acts committed against the non-Serb population in Bosanska Krupa in 1992.

The indictment alleges that Klickovic was President of the wartime Presidency and Commander of the Crisis Committee in the Serb municipality of Bosanska Krupa; Drljaca was a Chamber President with the Temporary Court Martial based in Jasenica and a member of the Commission for the Exchange of Prisoners; and Ostojic was Commander of the 11th Krupa Light Infantry Brigade of the Republika Srpska Army, VRS, at the time of the crimes.

In March 2009 the Defence teams began the presentation of evidence with the examination of indictee Klickovic, who testified in his own Defence at ten hearings. Klickovic said he had not known about the crimes committed in Krupa, but that he found out about them from the indictment, witnesses’ statements and material evidence.

“As a human being I can say that any war is hideous, and participating in one is hideous as well. The priority of the three of us was to save human lives. In regard to the text of the indictment, I could not have participated in that, I could not have had any impact on those events because I did not know they took place,” Klickovic said.

Non-existent Brigade Prison

The indictment against the men alleges that the crimes began on April 21, 1992, when “the Serb forces, which were under Gojko Klickovic’s actual command”, conducted an attack on Krupa and Ostruznica that lasted for several days and led to the destruction of the town, the murder of 17 people and the wounding of 14.

Numerous Defence witnesses, including indictee Klickovic, have denied the Prosecution’s allegations over the course of this trial, claiming the attack on Krupa was conducted by “the Muslim forces”.

The State Prosecution alleges that arrests, detention and abuse of the non-Serb population in the school building in Jasenica began in April 1992. Detainees were examined before the Temporary Court Martial. Some of them were then detained in the “Petar Kocic” school building in Krupa.

The indictment alleges that the Temporary Court Martial “summarily” indicted and sentenced detainees. Dmitar Ciganovic, Mirko Orelj and Rajko Klickovic, the first indictee’s brother, have given testimony about the work of the Court, saying they participated in the examination of detainees in Jasenica and claiming that no one was abused.

“I was not officially a member of the Court, but I was tasked with taking people’s statements for a few days. Orelj, Ciganovic and I examined more than 60 people. We did not force them to speak or threaten them,” Rajko Klickovic said.

Military expert witness Radovan Radinovic, who was asked by the first indictee’s Defence to present his findings and opinion at this trial, said that a prison or detention camp could not have been formed in Krupa.

“The Brigade could just manage a reception center for prisoners of war, but I cannot say what the school buildings in Jasenica and Krupa were used for, because I do not have sufficient data,” Radinovic said.

Witness Dusko Stoisavljevic, former Director of the Krupa school, also said he was unaware of the crimes committed in the school building.

“I do not know in which buildings people were detained in Krupa or for what purpose the “Petar Kocic” school building was used in that period. (…) I heard on a TV show in 1996 that 11 prisoners had been killed in the school building,” Stoisavljevic said.

Most Defence witnesses said they were not aware of the suffering of men who were held in the school building.

“Later on I found out that the Army had established a Temporary Court Martial in the ‘Petar Kocic’ school building, which was guarded by military policemen. It was late 1992 when I found out about the abuse of prisoners, as they kept information about it secret. The man who did this is a dark spot on Podgrmec history,” said Miroslav Vjestica, who was suspected of crimes committed in that area, in his testimony for the Defence of Klickovic and Drljaca.

Crimes under a Veil of Secrecy

The indictment alleges that Joja Plavanjac, who is currently at large, came to the school building in the first half of August 1992 and killed a group of Bosniak male detainees.

The Defence teams said that the three indictees are now informed about the murder of those men. Testifying in his own Defence, Klickovic denounced the crime and said that he didn’t know anything about it because it was “a big secret”.

“All that I know in regard to that incident is what I have heard during the trial, and that is a stain that no one can justify. I, along with the other two indictees, condemn such an act of cowardice,” the first indictee said.

At the end of the trial, in September 2010, the Prosecution of Bosnia and Herzegovina revised the indictment, charging only indictee Ostojic, as commander, with the murders committed in the “Petar Kocic” school building by Plavanjac.

Ostojic’s Defence examined several witnesses who said he was not present in Krupa at the time of the crime and that he did not know about the crime, as he was “not informed about it by Brigade members subordinated to him”.

“We were not in Krupa at the time, because the Commander went to Drvar and to Mount Kupres to dismiss the assistant commander for morale with the Seventh VRS Motorized Brigade. Upon our return, nobody told me that Plavanjac had killed someone,” said Predrag Bjeljac, the third indictee’s brother-in-law, adding he was his “personal escort” during the course of 1992.

Some Defence witnesses said that Plavanjac, who was allegedly a member of the 11th Krupa Light Infantry Brigade, was never punished for his participation in the crime.

Presenting his findings and opinion at the request of the third indictee’s Defence, military expert witness Slobodan Kosovac said that Plavanjac was probably not a member of the Brigade, and Ostojic could not have known about the arrest of a group of men in August 1992.

Evacuations for Security Reasons

The Prosecution alleges that non-Serbs who were not arrested or detained in various buildings were “forcibly resettled” away from the Bosanska Krupa area during the course of May and June 1992, “in line with Gojko Klickovic’s written orders”.

However, indictee Klickovic claimed to have signed the evacuation orders in order to save the non-Serb population.

“Thanks to the evacuations, we saved many lives in those mad times. As far as the evacuation is concerned, I do not feel any regret, as all those Muslims have now returned to their homes. I am happy because nobody was killed, but the problem is that the Serbs are gone,” the first indictee explained.

His Defence witnesses confirmed that Bosniaks left Bosanska Krupa voluntarily “for security reasons”.

“Muslims left in 1992. They were not deported, but they resettled. They were resettled in a nice way, which means they could take whatever they wanted with them and go wherever they wanted. Nobody did them any harm. They left Krupa for security reasons,” witness Petar Keca said.

Legal expert witness Radomir Lukic, who was examined by the Defence of Klickovic and Drljaca, said the Serb municipality of Bosanska Krupa was established in a legal way, and the evacuations of non-Serbs in the summer of 1992 were in line with the law.

The trial of Klickovic, Drljaca and Ostojic for crimes committed in Krupa area has lasted for more than two and a half years. The Prosecution charges them with crimes against humanity and war crimes against prisoners of war and civilians, while Klickovic is charged with violations of the laws and customs of war.

The indictees have been defending themselves while at liberty under certain prohibiting measures. They offered financial deposits as guarantees that they would appear before the Court.

Aida Alic is a BIRN-Justice Report journalist. [email protected] Justice Report is an online weekly publication of the Balkan Investigative Reporting Network, BIRN.