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Kondic: Permanently Dependent on Outside Assistance

1. November 2010.00:00
The Prosecution of Bosnia and Herzegovina has refused to accept the findings of a team of experts who say that Vinko Kondic is not capable of following his trial, and called on the Court to allow another assessment of the indictee's mental and physical capacity.

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On the basis of the findings, the Court of Bosnia and Herzegovina rendered a decision in early October terminating the criminal proceedings against Vinko Kondic, former Chief of the Public Safety Station in Kljuc, saying “the proceedings will continue once the indictee’s health condition has improved”.

Vinko Kondic, who is charged with a series of crimes committed in Kljuc area in 1992, suffers from Parkinson’s disease. He has often failed to appear in court because of his poor health condition.

After the Prosecution of Bosnia and Herzegovina appealed the October decision, the Court revoked it and referred back to the Trial Chamber for consideration. At this hearing court expert Abdulah Kucukalic, a psychiatrist, was examined. He presented the same findings and opinion as the previous experts.

“The team of court experts followed Kondic’s health condition over a long period of time. (…) He is incapable of following the trial at this moment. He will not be capable of doing it in the future either. (…)

“There will be some periods when he will feel better, but this is a degenerative disease. His condition will deteriorate more and more. It is not realistic to expect his condition to improve,” Kucukalic said, adding the disease had “already led to the severe disability” of the indictee.

The court expert said that the indictee’s limbs were numb, he could not walk, he had difficulties speaking and he was “bed-ridden”.

“He cannot survive on his own. He is permanently dependent on other people’s help. (…) If you bring him to the courtroom, you will have a man in a wheelchair or a bed-ridden man. You will not be able to get anything from him, no answer at all,” Kucukalic said.

State Prosecutor Dzemila Begovic said the findings presented by the team of experts were “contradictory, irrelevant and incomplete”. She proposed that the Court have a new team of experts assess the indictee’s mental capabilities on the basis of these findings.

The Defence objected to the Prosecution’s proposal. The Court will render its decision at a later stage.

Kondic was arrested in December 2007. He was held in custody until September 2010, when he was released to liberty under certain prohibiting measures. Prior to his arrest, Kondic was a defence attorney before the War Crimes Chamber of the Court of Bosnia and Herzegovina.

M.H.

This post is also available in: Bosnian