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Presenting its closing statement, Senad Hakalovic’s defense said Hakalovic should be acquitted of the charges brought against him.
“The prosecution of Bosnia and Herzegovina has not proven that Senad Hakalovic violated international humanitarian law. My client should be acquitted of the charges,” defense attorney Kadrija Kolic said.
Hakalovic, a former soldier with the 45th Brigade of Army of Bosnia and Herzegovina, has been charged with crimes in Trusina along with four members of the Zulfikar Squad, namely Mensur Memic, Dzevad Salcin, Nedzad Hodzic and Nihad Bojadzic.
According to the charges, Hakalovic participated in the capture and killing of 18 Croat civilians and four captured Croatian Defence Council soldiers in Trusina on April 16, 1993.
Kolic said under the revised indictment Hakalovic was charged with crimes against prisoners of war, instead of the original charges, war crimes against the civilian population.
Kolic said numerous witnesses have confirmed that Senad Hakalovic did not have a command position, and therefore could not have ordered the shooting.
Kolic said the witnesses confirmed that capturing people, “even civilians in the way Hakalovic did it, as described in the indictment,” was a legitimate action during war.
“The legitimacy was lost when the persons mentioned in the indictment were shot, but that was done by witness E and some other persons,” Kolic said.
He pointed to the unlawfulness of state prosecution’s evidence, as well as unlawful actions undertaken by “the prosecutor responsible for this case.”
The defense’s closing statement was interrupted due the poor health of one of the trial chamber members. The trial will continue on Monday, March 30.
