Memic et al: Alispago Incapable of Following Trial

Expert witness Harun Brkic, a neurosurgeon, explained at the hearing that Alispago suffered from a severe spinal disease, adding he was not able to follow or actively participate in the trial at this moment due to pain.

He recommended that the Court allow the indictee a three-week recovery period, which should lead to an improvement in his health condition.

“Although the Chamber considers that there are discrepancies between the facts mentioned in the findings and the expert’s explanation, we shall accept the recommendation and enable the indictee to undergo the proposed treatment for three weeks. An assessment will be conducted again following the three-week period,” Trial Chamber Chairwoman Zeljka Marenic said.

Alispago, Mensur Memic, Senad Hakalovic, Dzevad Salcin, Nedzad Hodzic and Nihad Bojadzic are charged with an attack on Trusina village, Konjic municipality on April 16, 1993, when 18 civilians and four members of the Croatian Defence Council, HVO, were killed.

The indictment alleges that Alispago was Commander of the Zulfikar Special Purposes Squad with the Main Command Headquarters of the Army of Bosnia and Herzegovina, Bojadzic was his Deputy, Memic, Salcin and Hodzic were members of the Squad and Hakalovic was a member of the Neretvica 45th Mountain Brigade.

All the indictees are currently being held in custody.

The expert witness said that at this stage it would not help to allow indictee Alispago to follow the trial while in a separate room, where he would be able to lie down and perform necessary exercises.

Trial Chamber members and the Prosecutor posed several questions to the expert witness, because he said in his findings that the indictee would not be able to follow the trial for more than two or three hours per day, while he said at the hearing that he was currently not capable of participating in the trial at all.

“Considering the condition in which he was when we saw him, he would not even be able to follow the trial for two hours. If he has the opportunity to walk slowly for half an hour or one hour every day, perform exercises needed to improve of his muscle tone and take necessary medications, I think he will be able to follow the trial for two or three hours per day in three weeks time,” the expert witness said.

The trial is due to continue on January 17, 2011.