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The Court determined that the evidence provided by the Prosecution of Bosnia and Herzegovina did not indicate that there was a grounded suspicion about the responsibility of Vidovic and Misic.
“The Court reminds that the law and existing practices foresee that the existence of a grounded suspicion, as a higher level of probability that the suspects committed the crime charged upon them, represents a preliminary condition for ordering custody or prohibiting measures,” the Court of Bosnia and Herzegovina said in its announcement.
The Prosecution of Bosnia and Herzegovina previously requested the Court to order Vidovic and Misic into custody, while the Defence teams said that the motion was unfounded.
Prosecutor Sead Djikic mentioned the influence on witnesses and accomplices as the reasons for ordering them into custody.
“Considering the fact that we are still searching for some accomplices, former members of the Training Centre on Mount Jahorina, the suspects might interfere with the process by influencing witnesses and accomplices,” Djikic said.
The Defence of the suspects said that the custody order motion was unfounded, adding that the Prosecutor had not provided one single example to show that the suspects influenced witnesses or accomplices.
“It is not enough to say it in abstract terms, but one should list concrete circumstances, which the custody order motion does not contain,” said Biljana Brkic, Defence attorney of Misic.
Goran Vladavic, Defence attorney of suspect Vidovic, told the Court that the suspect had already given three statements and that there was no real danger that he would attempt to flee.
“He travelled to Spain with his family. There is no real danger that he might flee. He is a family man,” Vladavic explained.
The Defence of the suspects proposed to the Court to order prohibiting measures against Vidovic and Misic.
When asked by judge Stanisa Gluhajic whether he would agree to prohibiting measures, Prosecutor Djikic said that he consented to the Defence’s proposal for prohibiting measures.
