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Building Offered for Bail

26. April 2013.00:00
The Prosecution of Bosnia and Herzegovina requests custody for indictee Nihad Bojadzic, who has already been held in detention for nearly three and a half years.

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The Defence of Bojadzic objects to the proposal, requesting the Court to release him on bail and order prohibiting measures.
 
Custody for Bojadzic, former Deputy Commander of the “Zulfikar” Squad with the Army of Bosnia and Herzegovina, ABiH, has been requested in the case for crimes in Jablanica, including the beating, sexual abuse and rape of Croat detainees in the second half of 1993.
 
Besides this case, Bojadzic is also on trial for murders of Croats in Trusina village, near Konjic. He was ordered into custody in that case in November 2009.
 
Prosecutor Vesna Budimir said that the existence of fear that Bojadzic might seek to flee to Novi Pazar, Serbia, whose citizenship he has, as the first reason for the custody extension motion. In her opinion, the indictee has no bond with Bosnia and Herzegovina. She said that he was retired and that the potential long-term imprisonment sentence represented a sufficient motive for flight.
 
On the other hand, Defence attorney Vasvija Vidovic said that Bojadzic was aware of the accusations for sexual abuse back in 2000, when he gave a statement to a Hague investigator. She said that the allegations that the indictee had no bond with Bosnia and Herzegovina were extremely offensive. 
 
Vidovic pointed out the potential sentence could not be considered a valid basis for custody, mentioning that some indictees had been released from custody even though their potential sentences were even longer. Also, the Defence offered bail money as a guarantee that Bojadzic would not flee. The offer included a residential and business building owned by a friend of his. The estimated value of the building was about 746,000 Marks.
 
“I promise that I will not hide and that I will not leave my place of residence without permission,” Bojadzic said at a request by the Trial Chamber.
 
The Prosecutor responded by saying that she did not accept the offered bail and that she objected to the prohibiting measures. 
 
Budimir said that the possibility that he might influence witnesses in the case for crimes in Jablanica was the second reason for extending custody for the indictee.
 
As she said, Bojadzic had not influenced witnesses in this case, adding that he was in custody during the course of the investigation. She considers that, should he be released to liberty, he would influence witnesses. She said that the same thing happened in the Trusina crimes case during the investigation phase.
 
Defence attorney Edina Residovic said that it had not been proved that the indictee influenced witnesses. She said that, although some witnesses asked for protective measures, it did not necessarily mean that they were afraid of the indictee.
 
The Prosecutor said that the indictee’s release to liberty might result in disturbance of the public order and peace, adding that this was the third reason for filing the custody extension motion. Vidovic proposed prohibiting measures, including a ban on leaving his place of residence and contacting the persons linked to this case.
 
The Court of Bosnia and Herzegovina will render a decision concerning the custody extension motion at a later stage. The current custody order expires on April 28.
 
Prior to this discussion, the Defence of Bojadzic said that severe accusations had been made against the Defence, adding that the custody extension motion mentioned them too. She particularly mentioned a statement by protected witness B, who said that Bojadzic’s Defence was financed by an international organisation involved in drug trade, adding that the Prosecution did not check those allegations.
 
While saying that these were monstrous lies, the Defence requested the Court to order an investigation into the issue.
 
“If the investigation determines that this is not true, the person using those accusations is misusing his position,” Residovic said.
 
Budimir added that she too was called a liar, Islamophobe and so on.

Amer Jahić


This post is also available in: Bosnian