Kovac: Seeking Justice

In March 2010, the Appellate Chamber revoked the first instance verdict and upheld the Defence’s appeal arguing that the First Instance Panel had “gravely violated criminal procedure” and ordered a retrial.

By the first instance verdict, pronounced in July 2009, Kovac was sentenced to 13 years in prison. The Trial Panel found the accused guilty, as Commander of the Military Police Squad with the Vitez Brigade of the Croatian Defence Council, HVO, of having ordered, approved and committed the unlawful detention of Bosniak civilians in the cinema and Public Accounting Service premises in Vitez during the war. Additionally, Kovac was found guilty of having raped protected witnesses A and B.

After reading the indictment, Prosecutor Mirko Lecic presented his opening remarks stating that he would not use additional evidence.

Defence attorney Dusko Tomic made clear in his opening remarks that he wants to re-examine almost all Prosecution witnesses in order to prove that those who were detained were not civilians, as alleged by the Prosecution, but troops of the Army of BiH.

The indictment alleges that the accused, among other things, unlawfully arrested more than 250 Bosniak civilians, detained them in inhumane conditions and forced them to perform labour in dangerous places.

“Since I joined this case at a later stage I did not get a chance to examine Prosecution witnesses during the first instance trial. (..) I want to prove that all witnesses, including the girl who was allegedly raped, were already members of armed forces prior to the conflict between the HVO and the Army of BiH,” the Defence attorney said.

Since the Defence only “wants to ask these witnesses about their status and the presence of the accused during their arrest” he said he expected that it would not take more than three trial days, adding that “we need to seek justice and only by doing this can we reach the truth.”

The Appellate Panel will render a decision regarding the examination of several additional Defence witnesses at a later stage, after the Defence has submitted a written motion concerning the relevance of their testimonies in establishing decisive and new information.

Both parties agreed that the evidence presented during the first trial will be accepted as evidence for the re-trial without having to listen to every single witness testimony again.

Kovac has been held in custody since February 1, 2008.

The next hearing will take place on May 25, 2010 when the Defence will examine several witnesses.