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The Defence objected to the proposal, and the Defence attorneys of Salcin and Hakalovic asked the Court to pronounce prohibiting measures instead of custody.
“We are asking for custody extension for particularly important reasons. The investigation in regard to the Trusina crimes is being conducted against 13 people. Five are in custody. Two Bosnian citizens are due to be extradited from the United States,” Prosecutor Vesna Budimir said.
Rasema Handanovic, known as Zolja, and Edin Dzeko, former members of the “Zulfikar” Squad, are reported in the media to have been arrested in the US.
The Prosecution of Bosnia and Herzegovina suspects that Hodzic, Memic, Salcin and Hakalovic participated in the attack on Trusina village on April 16, 1993, when 22 people were killed, including 19 civilians and three members of the Croatian Defence Council, HVO, who had previously surrendered. On the same day four civilians, inccluidng two children, were wounded.
The Prosecution of Bosnia and Herzegovina suspects that Nihad Bojadzic, former Deputy Commander of the “Zulfikar” Special Purposes Squad with the Headquarters of the Supreme Command of the Army of Bosnia and Herzegovina, committed the same crime. Suspect Bojadzic, who was arrested in November this year, is in custody.
“We still have not examined all witnesses, because some of them live abroad. We are expecting to receive materials from the Hague Tribunal, which should help us determine the suspects’ responsibility,” Budimir said, stressing that 16 witnesses had asked for protection measures because they were afraid to testify during the course of the investigation.
Budimir said that suspect Hodzic’s brother had threatened one witness, adding that the Prosecutor and State Investigation and Protection Agency investigators continue to be threatened, “albeit not by these suspects”.
At the beginning of this hearing Kadrija Kolic, Defence attorney of suspect Hakalovic, asked the SIPA officers, who guard Prosecutor Budimir, to leave the courtroom because they were armed. The Trial Chamber rejected the proposal, noting that these were certified officers.
Mithat Koco, Defence attorney of Nedzad Hodzic, claimed that the basic legal precondition that only a mentally competent person can be held responsible for his acts had not been met. Expert analysis in January this year found that Hodzic is not able to follow or participate in the trial.
Hodzic was brought to the courtroom. However, at the very beginning of the hearing the court policemen took him out because he was not feeling well.
Prosecutor Budimir said that “the suspect’s health state cannot influence the custody order decision”, adding that the suspect was competent when the crime was committed.
The Court will make a decision concerning the Prosecution’s motion at a later stage.
