Lazarevic et al: Difficult decisions

In his closing arguments Paul Flynn, the Prosecutor in the case against Sreten Lazarevic et al, called upon the Trial Chamber to “convict people, whose acts are inexcusable”, adding that “there are no mitigating circumstances” in this case.

In the course of his presentation, the Prosecutor spoke about proving the existence of an armed conflict in Zvornik in 1992, as well as the participation of the indictees in the armed conflict, as “members of the Serbian security forces, who were engaged in the prison”.

Flynn said that the key element, i.e. the indictees’ participation in beating and inhumane treatment of people, was reflected in “the statements, given by witnesses, who did not have any reason to lie”, as well as “numerous identification proofs”.

Former members of the reserve police forces in Zvornik, Sreten Lazarevic, Dragan Stanojevic, Mile Markovic and Slobodan Ostojic are charged with participating in the “unlawful detention and beating of civilians”, who were detained in the prison, offence court and “Novi izvor” buildings in Zvornik.

The State Prosecution charges Lazarevic as manager of the detention camp, in which civilians were held, while Stanojevic, Markovic and Ostojic are charged as former guards.

As indicated by Flynn, the statements given by witnesses Mirsad Omerovic, Ramiz Smajlovic, Fadil Smajlovic and Nurija Nuhanovic can serve as “evidence of the indictees’ presence in the prison and their participation in the criminal acts”.

“The Defence shall try to transfer the responsibility to paramilitary groups and other criminals, which were not controlled by the indictees. However, please remember that prison manager Sredo Vukovic said that he repelled paramilitary groups members on two occasions, when they came there to harm detainees, but the indictees never did the same,” Flynn said.

Defence attorney Radivoje Lazarevic presented the closing arguments of Sreten Lazarevic’s Defence. He called upon the Court to pronounce “a fair verdict of release”.

“It is difficult to make decisions in such big cases, but, within the complex cases there are indictees, who are innocent,” Lazarevic said.

The Defence attorney said that “the Prosecution has not managed to prove Sreten Lazarevic’s command responsibility. In addition, it has not proved, beyond reasonable doubt, that indictee Lazarevic was deputy manager or manager of the detention camp”.

Lazarevic reminded the Court of the statement given by court expert Mile Matijevic and the presence of a large number of paramilitary groups in Zvornik, whose members “beat and pillaged people, irrespective of their ethnic affiliation”, adding that it was “not possible for a reserve policeman to have control over a detention camp or prison, let alone influence the activities of military forces outside that area”.

Commenting on the statements given by Prosecution witnesses, the Defence attorney said that they were “contradictory, full of discrepancies and made in such a way to fulfill someone else’s interests”.

The trial is due to continue on September 23, 2008, when the Defence of the other three indictees will present their closing arguments.