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Raguz et al: Incapable of Testifying

10. January 2013.00:00
Testifying at the trial of Ivo and Veselko Raguz for crimes in Stolac and Capljina, expert witnesses say that protected witness CD is not capable of testifying at this trial due to her mental state.

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“Witness CD suffers from chronic post-traumatic stress disorder, which has not been medically treated. Consequently, it has caused memory loss,” said neuro-psychiatrist Helena Skopic.

She explained that the witness, whose testimony was interrupted in October 2012, was willing to appear in the courtroom, but she could give only partial answers to questions, adding that, due to her current condition, she was not capable of speaking continuously.

“She is not able to use her pseudonym consistently. She can neither name persons from the wartime period nor determine dates and years,” Skopic explained.

Veselko Raguz, former Commander of the Fourth Battalion of the Knez Domagoj Brigade with the HVO, is charged with having ordered and participated in the arrest and detention of civilians from Stolac and Capljina during the summer of 1993, while Ivo Raguz, former member of that Brigade, is charged with having participated in the abuse of prisoners.

Skopic prepared her findings about witness CD’s health in collaboration with psychiatrist Berina Hacam, as per a Court order from November 2012. Hacam too confirmed that the witness was not capable of testifying due to her current mental state.

Prosecutor Remzija Smailagic proposed that a statement given by the witness at another trial in late 2010 be read in the courtroom. The proposal, to which the Defence objected, was also rejected by the Trial Chamber.

“Had we known that a proposal would be made to read a statement given in another case, for which the indictment has not been confirmed as yet, we would not have invited these expert witnesses or spent the budgetary resources,” said Trial Chamber Chairwoman Minka Kreho.

The trial is due to continue on January 16.

This post is also available in: Bosnian