Expert’s Findings without Examination

Neuro-psychiatrist Omer Cemalovic prepared his findings and opinion as per a request by the Prosecution of Bosnia and Herzegovina, BiH, in November 2013 on the basis of medical documentation issued by the Mental Centre in Eastern Sarajevo.

According to Cemalovic’s findings, witness Kekic, who is 85 years old, had a stroke in 2009, so the right side of her body is paralysed. Besides that, she has high blood pressure. Also, one of her kidneys was removed surgically.

“It is logical that her mental functions have deteriorated due to her old age. Participation in a court process would have a negative effect on this witness. It could lead to deterioration of her health condition,” Cemalovic said.

He said that he could not determine whether witness Kekic would understand questions without examining her first, but he could confirm, on the basis of the documentation, that she was not capable of following the trial.

The Defence of Ramiz Avdovic said that it disagreed with the expert’s findings, while the Defence of indictee Iulian-Nicolae Vintila considered the finding “a failure”, primarily due to the fact that the court expert has not conducted an examination of the witness.
The Court decided that the court expert would examine witness Stana Kekic and prepare new findings on the basis of that examination.

Avdovic and Vintila are charged with crimes committed in “Viktor Bubanj” and the Central Prison in Sarajevo. They are charged with having participated in the establishment and maintenance of a system for abuse of Serb civilians.

According to the charges, Avdovic was Commander of guards on the fifth floor of the District Prison in Sarajevo and former “Viktor Bubanj” military barracks, while Vintila was a cook and guard in the former barracks.

Seven pieces of State Prosecution’s material evidence were presented at this hearing. So far the Prosecution has included 242 documents in the case file.

The trial is due to continue on March 28.