Lalovic and Skiljevic: Indictment Revised

The Prosecution of Bosnia and Herzegovina files a revised indictment with the Appellate Chamber of the Court of Bosnia and Herzegovina against Radoje Lalovic and Soniboj Skiljevic, who are charged with war crimes committed in “Kula”, Eastern Sarajevo.

Prosecutor Behaija Krnjic said that no changes were made to the facts contained in the indictment, but some parts of the indictment were further defined. However, the Defence of indictee Skiljevic considered that the indictment had been changed, so it filed objections to the changes.

Milorad Rasevic, Defence attorney for Skiljevic, explained that the revised indictment mentioned paramilitary formations, which was not the case in the previous version.

The Trial Chamber rejected the indictee’s objections, saying that they were groundless. It offered the Defence a possibility to present new evidence if it considered it necessary. The Defence said it did not wish to present new pieces of evidence.

The State Prosecution charges Lalovic and Skiljevic with having held civilians in inhumane conditions in the Butmir Penal and Correctional Facility, better known as “Kula”. Under the first instance verdict, it was determined that Lalovic was Manager of “Kula” and in that capacity, responsible for its functioning from the end of June to mid December 1992. Skiljevic is held responsible for the events that took place in the Facility from the end of December 1992 to the end of 1995.

The verdict further says that the two men voluntarily and advisedly participated in a joint criminal enterprise, while being aware of the existence of an organised system for the mistreatment of non-Serb prisoners, some of whom died in detention.

Lalovic was sentenced to five and Skiljevic to eight years in prison under the first instance verdic, which was then appealed. The Appellate Chamber then ordered a retrial.

“This is a corrected rather than revised indictment. The indictment now gives more specific information about individuals and institutions who participated in the joint criminal enterprise with the indictees,” Prosecutor Krnjic said.

Slavisa Prodanovic, Defence attorney for indictee Lalovic, said that the Prosecutor could not have revised the indictment in that way, because the Trial Chamber could have corrected the small errors, as was done in the new indictment, on its own.

“The revised indictment does not give an explanation of all the things contained in it. The indictment has not been made in the form prescribed by law,” Prodanovic said.

Milorad Rasevic, Defence attorney for indictee Skiljevic, said that, in the revised indictment the Prosecutor did not specify the date on which 37 people were captured in Kasindolska Street or the date on which crime was committed against them.

The Prosecution alleges that 37 prisoners from Kasindolska Street stayed in “Kula”. It further alleges that they were taken away and killed in mid May 1992 and their bodies were found in a mass grave on Mount Romanija 15 years later.

The Prosecution of Bosnia and Herzegovina is due to present its closing statement on Tuesday, June 7.

A.S.