Local Justice – Djajic: Verdict Due December 3

Presenting its closing statement, the Prosecution requested the Cantonal Court to pronounce the indictee guilty and sentence him according to the law, while the Defence asked the Court to either acquit Djajic of charges or pronounce a sentence that would be shorter than the minimal sentence prescribed by the law.

“The Trial Chamber can determine, beyond any reasonable doubt, that the indictee committed the actions described in the indictment,” said Aida Catovic, Prosecutor with the Cantonal Prosecution in Sarajevo.

Catovic said that it had been confirmed, through the examination of three witnesses, presentation of findings and opinion by two court experts and the presentation of material evidence, that Djajic was guilty of the crimes against civilians in Ilidza.

“Witness Srecko Klaric described the event that happened on November 1, 1995 in a distinct manner. He confirmed that he was in Ilidza and that he did not have the intention to leave the place,” Catovic said.

The indictment alleges that, on November 1, 1995 Djajic ordered armed policemen to bring Klaric to the Police Station under the excuse of conducting an informative interview with him. Upon his arrival to the Station, he allegedly told him that he had to leave his apartment and Republika Srpska, because he was a Croat.

It further alleges that, when Klaric refused to leave his apartment, Djajic punched him in the face. The injured party fell down. The policemen continued hitting him all over his body with their legs and fists. He was then escorted to a checkpoint controlled by the Republika Srpska Army, VRS at Kobiljaca.

According to the charges, Djajic moved into Klaric’s apartment on November 2, 1995 and stayed in it until March 1996. It is alleged that, as he was leaving the apartment, Djajic transported movable assets worth KM 317,000 to an unknown direction.

Catovic pointed out that a court expert in psychiatry determined that Srecko Klaric suffered from post-traumatic stress disorder and that a court expert in financial issues said that the value of movable assets taken from Klaric’s apartment was KM 317,582.

Prosecutor Catovic said that the fact that the indictee was obliged to offer protection to civilians as an inspector could be considered as an aggravating circumstance, while the fact that he had not been sentenced before was a mitigating circumstance.

Milenko Vojo Radovic, Defence attorney of the indictee, said, in his closing statement, that no armed conflicts were ongoing on November 1, 1995, so the crime charged upon Djajic could not be considered war crime, but “a general criminal action”.

“A verdict of release is the only possible verdict. The Prosecution has not proved that Djajic appropriated the property. Even if he had appropriated the property, which he did not, it could not be considered war crime,” Radovic said.

He said that, in case the Trial Chamber eventually determined that Djajic committed the crimes, it should pronounce shorter sentence than the minimal sentence prescribed by the law due to the fact that the indictee was a family man, has a positive personality and that he behaved in a correct manner.

“Irrespective of the Court’s decision, I propose that custody for the indictee be terminated, Radovic said.

Indictee Djajic said that he had been held in custody for 337 days and that he had not hurt “the Klaric family” in any way.