Alic: Verdict Due on January 20

In its closing arguments the Prosecution of Bosnia and Herzegovina called on the Court to pronounce Sefik Alic guilty of crimes committed in the Bosnian Krajina area, while the Defence and the indictee said the Court should pronounce a verdict of release.

Alic, former Assistant Commander for Security with the Hamza Battalion of the Fifth Corps of the Army of Bosnia and Herzegovina, is charged with having participated in the abuse of four prisoners of war in August 1995 and failing to undertake the necessary measures in order to punish the persons who killed those prisoners.

The Prosecution of Bosnia and Herzegovina considers that Tewfik Al Harbi, a volunteer member of Hamze and citizen of Saudi Arabia, murdered prisoners who were members of the Serb Krajina Republic Army.

Under a first instance verdict pronounced in April 2008, Alic was acquitted of the charges for this crime, but after the Prosecution of Bosnia and Herzegovina filed an appeal, the Appellate Chamber revoked the verdict and ordered a retrial which began in April last year.

The State Prosecution said it had “proved, beyond reasonable doubt”, that Alic was superior to Tewfik Al Harbi and he was aware of the fact that Al Harbi “was like a time bomb that could commit horrible crimes”.

“The recording obtained by the Prosecution, which shows the capture of the victims, clearly shows that Alic was not a passive observer, but he personally examined and questioned the prisoners. Therefore they became his responsibility. He was responsible for ensuring their safety on their way to the detention center,” State Prosecutor Jude Romano said.

Romano said that the fact that this recording showed that “Tewfik Al Harbi despised all of the prisoners proves that Alic did not prohibit such treatment of prisoners”.

“Tewfik Al Harbi killed them without fear. He acted as a man who thought he could get away with it and not as someone who was opposed by Alic or another officer or someone who was afraid of being arrested,” the Prosecutor said.

Defence attorney Senad Kreho said in his closing arguments that Tewfik Al Harbi was “an irregular soldier of an undetermined identity”, adding he could therefore not have been subordinated to “any of the Hamze Unit members”.

“All of the pieces of evidence suggest that the crimes were committed by an unidentified person of Arabian origin. The Prosecution mentions the person’s name is Tewfik Al Harbi, but it does not provide any pieces of evidence to support its allegation. However, this person was not a member of the Unit. Witnesses said that he used to come to battlefields in his own car, dressed in his own uniform and carrying his own arms,” Kreho said.

The Defence attorney said that the Prosecution of Bosnia and Herzegovina had not proved that Alic performed the function of an assistant commander for security, considering the fact that “there is no written evidence about this”.

In his address to the Appellate Chamber, indictee Alic said that he was not guilty of the murders, adding he “was tasked with reconnoitering the terrain” following the capture of those people.

“My conscience is clear, because I took the four prisoners to my superiors. Someone cowardly killed them afterwards. The first instance Chamber was not deceived by the pre-arranged indictment. I hope you will not be deceived either and you will render a fair verdict of release,” Alic said.