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Milarem Berbić. Source: The State court BiH
Presiding judge Dzemila Begovic said the chamber had been notified by the court police that they could not bring defendant Berbic into the courtroom because he refused to undergo the requisite medical examination by the detention unit’s doctor, including taking his temperature and filling in a form.
“We have no confirmation that he does not have COVID-19 symptoms. We cannot take the risk. He did not let them take his temperature,” judge Begovic said.
The judge addressed defence lawyer Almir Hrustic, telling him to explain the situation to Berbic and tell him he would not be able to avoid being tried, but by behaving in such a way, he would only aggravate his situation in terms of how long he would have to stay at the detention unit.
Hrustic said he only learned about the situation in the courtroom today, adding that he spoke to Berbic three days ago, when the defendant told him he would come to the hearing.
The indictment charges Berbic with terrorism for fighting for the so-called Islamic State. According to the charges, in mid-2014 he went from Bosnia and Herzegovina to Syria and was filmed for Islamic State propaganda material during his stay in the country.
After the collapse of Islamic State and capture of its remaining members, Berbic was deported back to Bosnia and Herzegovina at the end of 2019.
During the hearing, Berbic’s custody remand was discussed. Bosnian state prosecutor Suada Pasic said she maintains her previous position that justified reasons for extending Berbic’s custody continue to exist.
Hrustic said there were neither general nor specific reasons for extending the custody remand, and that, from the evidence, it was questionable whether suspicions with a basis in fact exist.
He said his client neither had travel documents nor a valid identity card, so he could not possibly leave the country.
The witnesses were examined during the investigation, so he said, that the specific reason for custody had completely “lapsed”.
“I am asking the court to reconsider the lawfulness of the evidence from which the basis of suspicion has been drawn. This refers to videos from YouTube channels which were obtained without a court order and which were interpreted by Security and Intelligence Agency staff,” the lawyer said.
A new trial start date was set for July 20.
