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The Chamber, led by Judge Darko Samardzic, decided that an expert witness will appear before the Court on 3 July in order to provide a qualified opinion regarding the state of health of the accused, Faruk Prcic, and to clarify the risk posed by travel to and from Tuzla.
The accused, former commander of the Engineering Unit of the Second Corps of the BiH Army, is charged with eight counts of war crimes against civilians. The indictment alleges that between June and October 1992 he participated in the unlawful detention, torture, and inhumane treatment of Serb detainees in Tuzla. The indictment further claims that the accused failed to prevent such actions by members of his unit, despite having the authority to prevent or punish them.
The Defense submitted documentation showing that the accused suffers from “a life-threatening illness,” and that he will likely undergo surgery in August 2009, for which recuperation could take six weeks, thus possibly interrupting the trial proceedings.
The Defense also questioned the rationale of bringing the accused from Tuzla for the trial, saying that this represents a risk to his life. In particular, Defence attorney Edina Residovic noted that the summer heat would be dangerous for her client.
The Court confirmed the indictment on 12 February 2009. On 12 March 2009, the accused pled not guilty to the charges.
The Prosecution announced that it will introduce 10 witnesses as well as 50 pieces of documentary evidence during the trial.
Some Prosecution witnesses are living in the United States, and one has requested protective measures. The witnesses in the United States are willing to appear before the Court of BiH, but Prosecutor Bozidarka Dodik requested “for the sake of judicial economy” that these witnesses be permitted to appear via video-link.
The Defense did not present its evidence presentation plan.
The accused will remain at liberty ahead of the trial.
