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Milarem Berbić. Source: The State Court of BiH
In separate hearings, the prosecution and defence teams presented their positions about extending custody remands for Berbic and Labidi, who were initially remanded following their deportation from Syria to Bosnia and Herzegovina in December last year.
Berbic’s lawyer objected to the proposal, claiming that the allegations that the defendant might flee or repeat the crime, or that his release would disturb the public, had no basis in reason.
Although his indictment for fighting for a terrorist organisation in Syria, Islamic State, has been confirmed, defence lawyer Almin Hrustic called on the court to reassess the substance of the suspicion, claiming that the videos included as evidence did not depict Berbic at all.
Hrustic said that Berbic’s identification documents were confiscated in Syria, where he had gone in search of his daughter and five grandchildren. He said the defendant was forced to work in a village and could not return home.
The defendant said that those who wanted to return from Syria were asked to pay between $500 and $1,500, but he did not have the money. He said he sought alternative possibilities to go back with his daughter and grandchildren, and that he surrendered as soon as possible.
“In 2016, only those who had money or who were sent on a mission by the organisation could come ,” Berbic said.
The defence proposed that the custody measure be replaced with restrictions on Berbic’s movement and on his meetings with others.
Prosecutor Elvira Stanojlovic pointed out that grounded suspicion was confirmed when the indictment was confirmed. She said the evidence showed that the defendant was a member of an Islamic State paramilitary unit and demonstrated a high level of radicalisation. She also said that all those who went to Syria could return.
Labidi’s defence said that he did not have a passport and could not leave Bosnia and Herzegovina even if he wanted to. With regard to prosecution’s allegations about a potential repeated infringement, defence lawyer Senad Bilic said that, besides the fact that movement was impossible, Islamic State has been destroyed.
Bilic contested the possibility that Labidi could repeat the crime in Bosnia and Herzegovina. He said that the danger of influencing witnesses ceased to exist when the indictment was confirmed as all the evidence has already been gathered.
Prosecutor Dubravko Campara disagreed with the defence’s assetions, saying he did not want to be left with a situation in which witnesses changed their statements due to someone’s influence.
“If somebody thinks that borders are impassable, I shall inform them that migrants are still entering and leaving Bosnia and Herzegovina. Those are young people, just like the defendant, and he could easily infiltrate ,” Campara said.
He added that the Islamic State ideology had not been defeated and the organisation had not ceased to exist.
Campara said that Labidi had remained in a war zone for seven years, although his defence lawyer noted that the indictment covered the period between 2016 and 2019, adding that Labidi had left to Syria as a 15-year-old with his mother.
The court decide on the custody extension motions at a later date. At the next stage of the proceedings, the defendants will be asked to enter their pleas.
