Gasal et al: Indictment Discussion

The Trial Chamber sitting in the case of Nisvet Gasal and Musajb Kukavica has discussed the joinder of this case and the “Handzic and Dautovic” case, which is also conducted before the Court of BiH.

The proposal to merge the two proceedings was made by the defence attorneys of Gasal and Kukavica in December 2007.

Prosecutor Slavica Terzic said that the prosecution provided written comments concerning the proposal on December 24 last year. She added that the prosecution did not object to the joindering of the two proceedings.

“Defence attorney Senad Kreho correctly indicated that the two cases mention 42 identical witnesses. In addition, out of more than 600 pieces of material evidence in the first case and about 900 pieces in the second case, two thirds are identical. Therefore, we do not object the joindering of the two proceedings,” said Prosecutor Kreho.

The Defence teams of Handzic and Dautovic would not comment on the proposal and they asked for additional time to familiarise themselves with the case.

The Prosecution of BiH considers Gasal and Kukavica responsible for having “carried out, motivated and supported the inhumane treatment of prisoners” in the detention camp formed at the football stadium in Bugojno during the armed conflict between the Army of BiH and the Croatian Defence Council (HVO) from August 1993 to March 19, 1994.

Gasal and Kukavica were members of the Public Safety Centre in Bugojno. They are charged as manager and security commander of the camp in which about 300 Croats were detained. They are also considered responsible for “allowing the examination and torture of prisoners, some of whom have been missing since then.”

The indictment against Enes Handzic and Senad Dautovic, former members of the Army of BiH, charges them with crimes against civilians from Bugojno municipality committed during the conflict with HVO in 1993.

The two men are considered responsible for taking civilians to detention camps, as well as for the maltreatment, forced labour, murder and torture of these people, and the pillaging of their property. By doing that, “they participated in a joint criminal enterprise”.

Senad Kreso, defence attorney of indictee Gasal, repeated the reasons for which these two cases should be joined.

“The same court conducts two processes against the indictees for the alleged crimes committed against the same injured parties in the same area and in the same period of time. This proposal is in the best interest of my client, but also other indictees, and these cases are undoubtedly connected,” said Kreso.

Fadil Abaz, defence attorney of indictee Kukavica, agreed with the proposal.

Handzic’s defence attorney Fahrija Karkin said he had not yet had time to familiarise himself with the other indictment.

“At the moment I am against the proposal as I do not know all the facts,” Karkin added.

Refik Serdarevic, Dautovic’s attorney, agreed with Karkin’s remark, but he supported the proposal for the joinder of the two proceedings, adding that this would result in “better cost-efficiency and expediency of the proceeding”.

Over the next few days, defence attorney Karkin will have access to the documentation, including the indictment against Gasal and Kukavica as well as a recording of the status conference concerning that case.

At the next hearing, scheduled on January 23, he is expected to express his opinion about the proposal.