Bundalo et al: Verdict due on December 18

A verdict is scheduled to be announced on December 18.

Ziko Krunic, Defence attorney of Djordjislav Askraba, insisted that his client did not commit crimes against humanity in Kalinovik, and called for acquittal.

“If the Court accepts the responsibility of Djordjislav Askraba as a participant in the joint criminal enterprise and his membership in the ‘Barutni magacin’ guard service, a system of objective responsibility will be introduced. It is not possible to consider Askraba responsible for acts committed by other people,” Krunic said, adding that, “unfortunately, a huge evil happened in Kalinovik”.

Indictee Askraba said that, being a policeman, he executed orders issued by his superiors, without questioning them.

“I never said anything bad to anybody. I feel sorry for the families of the victims,” said Askraba in his short address to the Trial Chamber.

The Prosecution of Bosnia and Herzegovina charges Askraba, Ratko Bundalo and Nedjo Zeljaja with crimes committed in Kalinovik, where a few detention buildings existed. The indictment alleges that, in August 1992 several Bosniak detainees were taken from the “Barutni magacin” (“Gunpowder Depot”) and killed.

The Prosecution considers that Askraba was Commander of Guards, and also occasionally performed the functions of manager at “Barutni magacin” detention camp. Zeljaja was allegedly Commander of the Public Safety Station in Kalinovik and Bundalo was Commander of the Tactical Group.

Krunic said that Askraba did not have responsibility for the detainees, who were taken out from “Barutni magacin”, adding that he could not escort them to locations where they performed some work, to the Foca Penal and Correctional Facility and so on.

“The guard service acted as per orders. The Crisis Committee of Kalinovik decided which Muslims would be detained. It was not Askraba who made those decisions. This is why his criminal responsibility cannot be determined,” Krunic said.

The Defence attorney told the Court that all records found in the Book of Departures were correct, adding that the Chamber could reach appropriate legal conclusions on the basis of those records.

“Djordjislav Askraba was a member of the guard service in ‘Barutni magacin’. Despite the fact that this was a morally problematic service, he performed his tasks in a correct manner. People had food and water… The fact is that the conditions were not appropriate for leading a normal life. However, all the goods that were received were then given to those people. Askraba did not deprive them of anything. He just followed the orders given by his superiors,” Krunic said.

Krunic said the Prosecution of Bosnia and Herzegovina had failed to prove the existence of discriminatory intentions by the indictee, which is a necessary precondition for determining the crime of persecution.

“When you look at the situation today, you can see that there are no Bosniaks in Kalinovik. This is a consequence of what happened at the time. However, I think you must take into consideration the actions Askraba undertook to contribute to making this crime a persecution,” Krunic said.

The Prosecution of Bosnia and Herzegovina called on the Court to pronounce “a sentence that would be in line with the law” in the case of Askraba, while it called on the Court to sentence Bundalo and Zeljaja to long-term imprisonment.