Request to Pronounce Tolic Guilty

Prosecutor Milorad Barasin said that the Prosecution had offered sufficient evidence for the counts related to violation of the International Humanitarian Law, as well as allegations that he committed crimes against the civilian population.

“At the time, when the crimes described in the indictment were committed, all victims had the status of civilians. This was confirmed by numerous witnesses. Consisting mostly of women, the elderly and children, as well as those, who had handed their weapons over, they did not participate in hostilities at the moment of their capture,” Barasin said.

When it comes to the inhumane treatment of detainees in the school building in Odzak, Barasin said that numerous witnesses said that the indictee personally hit them and forced them to lick their own blood.Barasin said that most of the Prosecution witnesses identified the indictee in the courtroom. As said by the Prosecutor, many of the witnesses did not mention the indictee in their previous statements, but they were positive at the main trial, so they should be trusted.

According to the indictment, Tolic, a former member of the 102nd Odzacka Brigade with the Croatian Defence Council, HVO, is charged with having participated in murders of a few prisoners, including Svetozar Dervenic, Mirko Pajic, Simo Cvetkovic, Rade Tomanovic and Rade Deronjic.

“Witness Drago Ninkovic said that Anto Golubovic and Josip Tolic took prisoner Svetozar Dervenic, also known as Ceto, from the school in Odzak and that he died in Strolit afterwards due to physical injuries. (…) During the cross-examination he denied his statement,” Barasin said, adding that this testimony was confusing, but, considering the passage of time and the witness’ health condition, it could not be neglected.

Barasin said that numerous witnesses testified about the murder of prisoners and that they should be trusted.

“Tolic, who acted in collaboration with other HVO members, is also charged with having forced prisoners to have sexual intercourse with a mentally retarded female prisoner, which was authoritatively described by witness AB-2, who does not have any reason to accuse the indictee groundlessly,” Barasin said.

Barasin said that he had proved, through material evidence and Prosecution witnesses’ statements, that Tolic participated in robbing of prisoners and taking them to other locations, where they performed forced labour. Many of them lost their lives at those locations.

He also mentioned indictee Josip Tolic’s testimony, which was closed to public, pointing out that Tolic did not tell the truth.

Barasin said that, apart from his descent behaviour in the courtroom, there were no other mitigating circumstances in Tolic’s case, adding that, as far as the aggravating circumstances were concerned, he would like to accentuate his cruelty, which the victims and their families still felt.

The Defence is due to present its closing statement on February 6.