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A final verdict will be rendered on May 27, said the presiding judge, Azra Miletic.
“The accused acted together as co-perpetrators. They fired together and shared the intent to kill these three civilians. Based on the evidence presented at the trial, the panel can conclude this beyond a reasonable doubt,” said Prosecutor Adnan Gulamovic.
The Prosecution of Bosnia and Herzegovina charges Tomic and Josic with the murder of three Bosniak civilians in Kozluk, Zvornik Municipality. In a first instance verdict issued in March 2010, they were acquitted of charges that the men, as members of the Republika Srpska Army, VRS, killed Izet and Semso Nuhanovic, as well as Muradif Ibrahimovic, in the Marhosi Forest on June 26, 1992.
The indictment alleges that the Bosniaks had been forced to leave Kozluk and sought shelter in the “Marhosi” woods when they were surrounded by members of the Serb Army. The Prosecution contends that the indictees found the hiding men, “recognised them as their neighbours, and shot them with the intention of depriving them of their lives.”
The first instance verdict was appealed by the Prosecution, who cited substantive violations of the criminal proceedings provisions and wrongly and incompletely determined facts. The verdict was revoked by the Appellate Chamber in October 2010.
The Defence Attorneys for both Tomic and Josic sought to prove that there were vast inconsistencies in witness testimony.
“The key evidence, the examination of Nurija Nuhanovic, the injured party, contradicts itself and the statements of other witnesses, especially defence witnesses,” said Josic’s defence attorney, Nenad Rubez. “There are three versions of the same incident. Which one is correct? If this is unforgettable trauma, why are there discrepancies? They are the result of lies.”
“On behalf of my client, I wish to express condolences to all families who lost relatives in the recent war,” said Tomic’s Defence attorney Petko Pavlovic. “It is unfortunate that these three men died, but the Prosecution did not prove beyond a reasonable doubt that the accused are responsible.”
Defence attorney Rubez also said that conducting the trial before the Court of Bosnia and Herzegovina, instead of before the District Court in Bijeljina, is a violation of his client’s human rights.
“The Court of Bosnia and Herzegovina, pursuant to the law and to jurisprudence, was not competent to try this case. This should have remained in the Cantonal Court jurisdiction in Tuzla, where it was investigated, or forwarded to the Court in Bijeljina,” said Rubez. “I believe this is a violation of Article 6 of the European Convention on Human Rights.”
Tomic and Josic were indicted in 2006 in Tuzla, where an investigation was opened against them. The District Court in Tuzla determined that it was not competent to try the case, forwarding it to the Court of Bosnia and Herzegovina, where the trial began at the end of August 2009. The retrial began on April 5.
