Custody Ordered for Darko Dolic
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The Court of BiH ordered custody having determined that there exist “specific circumstances” suggesting that the suspect, if not in custody, will hinder the criminal proceedings by exerting influence on the witnesses and accomplices.
The State Prosecution considers that “the suspect’s individual responsibility and complicity in the crime” are shown by the evidence it submitted to the Court and Defence, claiming that the statements given by protected witnesses, which have been attached to the custody order motion, confirm grounds for suspicion that Dolic committed war crimes against civilians.
The Defence objected to the motion, saying the suspect could offer bail in return for being allowed to defend himself while at liberty.
The Prosecution suspects that Dolic, as a member of the Croatian Defence Council, HVO, committed crimes against Bosniaks from Prozor Municipality in August 1993. The State Investigation and Protection Agency, SIPA, arrested the suspect on October 20 this year.
Explaining the special conditions for the custody order motion, Prosecutor Sanja Jukic said that the victim of a case of rape of which Dolic is charged lives in Varvari village, in Prozor Municipality, where the suspect also lives. She noted that “fear for the witness is therefore justified”.
“The suspect forced the rape victim to have sexual intercourse with him. Should he be at liberty the safety of the victim and her family would be endangered,” Jukic said.
Zlatko Milovic, Defence attorney of the suspect, said that, on the basis of the statement given by the witness who was allegedly raped, it could be determined that she had never seen the suspect again “after having survived this” and that she “is not afraid of anything and is ready to testify before this Court”.
“The crime was committed in complicity with a yet unidentified perpetrator. The Prosecution of Bosnia and Herzegovina is still looking for him. If at liberty, Dolic might influence his accomplice as well,” Jukic said, adding that this was a grave crime that could merit a sentence of at least ten years.
“Great tragedies happened in Prozor town. The suspect participated in those crimes. By staying at liberty, he might influence people who have returned to the municipality. This would undermine relations among its citizens,” Jukic said.
Milovic told the Court that the suspect was familiar with the charges against him “already ten years ago”, wondering “where the grounds for fear come from”.
“Had he felt guilty, my client could have fled ten years ago. Instead, he has not even tried to obtain the citizenship of the Republic of Croatia, although he has a legal right to do so,” Milovic said, adding that his client “is ready to offer some property, such as his father’s house, as a guarantee that he will not leave Prozor”.