Local Justice – Ostojic: Protection of ICTY Convict Requested

This was agreed at a status conference held at the District Court in Eastern Sarajevo after the Defence had proposed to the Court to order protective measures for the ICTY convict. The Prosecution objected to the proposal. The Defence of Zarije Ostojic requested the protective measures orally after a video link with a court in Milan, Italy had been established in May this year in order for the ICTY convict to testify. However, the convict refused to testify, because he considered that his face and voice should be protected. Zarije Ostojic is on trial for crimes against the civilian population. According to the charges, Ostojic, former member of reserve police forces with the Special Unit of the Public Safety Station in Vlasenica, participated in the beating of civilians in Susica detention camp during 1992. It is alleged that Ostojic, who was accompanied by other members of that military formation, took Bosniaks out of Susica detention camp in Vlasenica and hit them with police batons, rifle buttes, hands and legs. The District Prosecution in Eastern Sarajevo objected to the protective measures for the ICTY convict, saying that it was not in accordance with the law. “The law stipulates what protective measures can be granted for witnesses and who they can be granted to. We consider that the Court should not grant the face, voice and picture blurring measures, because the public has known the identity of the witness for a long time. The Defence is late, because the name of the potential witness has already been published in the media,” said Mirza Hukeljic, Prosecutor with the District Prosecution in Eastern Sarajevo. Dragan Gotovac, Defence attorney of Ostojic, said that he had spoken to the potential witness and his two attorneys from Milan and that they had not mentioned any protective measures until May 10, 2012. “The Defence insists on granting protective measures for the witness, enabling him to testify under a pseudonym and protecting his face. He is serving his sentence at present. He is now entering a phase in which he may be granted conditional release, so he does not want his first name and last name and face to be recognised in the area outside Vlasenica,” Gotovac said. Zenaida Husic, Chairwoman of the Trial Chamber with the District Court in Eastern Sarajevo, said that the Defence should provide the Trial Chamber with a written motion, explaining the protective measures requested for this witness. “Mr. Defence attorney, you know how to conduct a conversation with the witness and file a motion with the Chamber,” Trial Chamber Chairwoman Husic said, addressing Ostojic’s Defence attorney. She said that the trial was postponed until further notice.