Lazarevic et al: New old indictment

The Prosecution of Bosnia and Herzegovina have changed the indictment against Sreten Lazarevic et al for the second time in the last two days.

Prosecutor Paul Flynn explained that the third amended indictment would be the same as the original one, while “the second indictment is now withdrawn due to time limit and potential problems it might cause to the Defence”.

Defence attorneys Milos Peric and Miodrag Stojanovic expressed their dissatisfaction due to the way in which the Prosecution works.

Stojanovic said that “the Law on Criminal Proceedings in Bosnia and Herzegovina does not mention the possibility of withdrawing an indictment, because, if an indictment is withdrawn, it no longer exists”.

“I am particularly surprised by the Prosecution’s motion, because, in the second indictment, they gave up on two counts against my client but those counts are now back in the indictment. We are talking about a completely new indictment, which has to be submitted to the Chamber for confirmation,” Peric objected.

Sreten Lazarevic, Dragan Stanojevic, Mile Markovic and Slobodan Ostojic are charged with having participated in the detention and beating of civilians, who were detained in the prison, offence court and “Novi izvor” buildings in Zvornik.

The indictment alleges that the four men were members of reserve police forces in Zvornik. Allegedly Sreten Lazarevic was manager of the detention camp in which civilians were held, while Stanojevic, Markovic and Ostojic were guards.

Prosecutor Flynn explained that there was “a cultural misunderstanding”, because he did not “express himself properly in the motion”. He said that he would “withdraw from this indictment all those counts, which had been withdrawn from the second amended indictment, in order to avoid any problems”.

Presenting the third, amended, indictment the Prosecutor explained that he would give up on the allegations pertaining to pillaging of prisoners by Sreten Lazarevic, as well as “sub-counts 2a and 2b related to Dragan Stanojevic’s” alleged beating of prisoners.

At this hearing Lazarevic’s Defence presented its final material evidence, including a document issued by the Public Safety Station in Zvornik, confirming that “Sreten Lazarevic never performed any managerial functions with the Station”.

Following the presentation of additional pieces of evidence, the Trial Chamber declared the evidence presentation process “completed”.

The next hearing is due on September 22, 2008, when the parties will start presenting their closing arguments.