Gasal et al: Presentation of Evidence Completed

 The presentation of closing statements is scheduled for August 24. After that, the Court will render a verdict thus putting an end to the first instance trial that began three and a half years ago.

The Trial Chamber declined the Prosecution’s proposal to examine nine witnesses and two expert witnesses and present material evidence as part of additional evidence presenting. Also, it rejected the Defence’s proposal to examine two expert witnesses.

“The Chamber has rejected these proposals, because it deems that all of them were available during the course of the trial and could have been presented earlier,” judge Davorin Jukic, Chairman of the Trial Chamber, explained.

The Chamber agreed with indictee Musajb Kukavica, who made a comment about the duration of the proceedings at this hearing.

“I am not against the examination of new Prosecution witness, but we are neglecting the duration of this trial. More than four years have passed since my arrest. Even Greece went bankrupt in five years, not to mention me,” Kukavica said.

During the course of the trial, Kukavica and two other indictees Nisvet Gasal and Senad Dautovic were allowed to defend themselves while at liberty, but under prohibiting measures limiting their movement and contacts.

The Chamber rejected the Defence’s objections that the revised indictment went far beyond the allegations contained in the original indictment, adding that the events had just been assumed on the basis of the facts presented during the course of the trial.

Under the revised indictment, Gasal, former Manager of the “Iskra” stadium detention camp, and Kukavica, former Commander of Guards, are charged with being responsible for inhumane treatment and groundless deprivation of liberty of about 300 members of the Croatian Defence Council, HVO.

“Gasal and Kukavica failed to undertake measures in order to improve the living conditions in the detention camp. They did nothing to prevent the taking of prisoners to other locations, where they performed forced labour, while their lives were in danger… Kukavica enabled other members of the Army of the Republic of Bosnia and Herzegovina, ARBiH to enter the detention camp. Guards, and sometimes even Kukavica personally, took them out, where they were hit,” the indictment alleges.

The indictment, which was read by Prosecutor Slavica Terzic, alleges that Dautovic is charged with being responsible for inhumane treatment, murder, torture and taking of Croat civilians and HVO members, who were detained in the stadium detention camp and a number of other buildings in Bugojno, to other locations, where they performed forced labour.

The indictment further alleges that Dautovic, former Commander of the Joint ARBiH Command in Bugojno and Defence Command and Chief of the Public Safety Station in that town, and, as such, member of the town wartime Presidency, approved or failed to undertake any actions to prevent the unlawful actions.

“The ‘Iskra’ stadium detention camp was formed by the wartime Presidency in 1993 with the aim of implementing the plan defined under a joint criminal enterprise. Dautovic and the Commander of the 307th Brigade participated in it and the Commander of the Western Operational Group was aware of it,” Terzic said.

Tahir Granic was Commander of the 307th Brigade and Selmo Cikotic, current Minister of Defence of Bosnia and Herzegovina, was Commander of the Western Operational Group at that time.