On Trial Due to Function

Presenting its closing statement, the Defence said that the Prosecution of Bosnia and Herzegovina had not proved that indictee Lukic committed war crimes and that he should be acquitted of charges.
 
“He was on trial practically because he was Chief of Headquarters of the Territorial Defence during the war and because he was in Kljuc. I consider that the Prosecution has not presented evidence proving that he participated in a joint criminal enterprise,” Defence attorney Husein Music said.
 
Indictee Lukic addressed the Chamber, saying that he did not participate in the events charged upon him.
 
“Honourable Court, I have never denied the happenings in Kljuc, but I have denied my participation in them. I express regret for what was done. I express regret to the families of victims,” Lukic said.
 
Lukic is charged, along with Marko Adamovic, with having participated in the preparation, organisation and execution of a widely spread systematic attack aimed against the non-Serb civilian population in the Kljuc area from April to December 1992.  
 
The Prosecution alleges that Lukic was Commander of the Territorial Defence Headquarters, while Adamovic was Deputy Commander of the Territorial Defence Battalion in Kljuc and Commander of the Town Defence Command.
 
Under a first instance verdict pronounced by the Court of Bosnia and Herzegovina in May 2010, Lukic and Adamovic were acquitted of charges. The Appellate Chamber revoked the verdict and ordered a retrial.
 
Defence attorney Music said that the Serbian Democratic Party, SDS, proclaimed a plan on dividing the territories inhabited by the three peoples in Bosnia and Herzegovina, but, at that time nobody knew what was going to happen after that.
 
“It is interesting to notice that the Prosecution claims that Lukic knew what would happen. The Defence says that he did not know. In that crazy situation nobody was aware of what might happen later in Kljuc,” he said.
 
The Defence said that Lukic was neither a member nor a sympathiser of the SDS and that he was not appointed Chief of the Territorial Defence Headquarters due to his membership in that Party.
 
“The Prosecution’s allegation that Lukic became involved in that for the purpose of some plan is a pure assumption. He just performed the job for which he was educated. Also, he did it due to financial interest, just like everybody else,” the Defence attorney said.
 
He said that those who committed the crimes in Kljuc have still not been processed.
 
“The military security bodies in Kljuc failed to punish the crime perpetrators, but Lukic did not know that they did not perform their job properly,” Music said.
 
Presenting its closing statement, the Prosecution said that it had proved that Lukic and Adamovic participated in a joint criminal enterprise, calling on the Court to sentence them to long-term imprisonment.

The Defence of second indictee Adamovic is due to present its closing statement on Friday, November 8.