Kuvelja: Danger of Incrimination

Protected witness 117, who testified for the Prosecution of Bosnia and Herzegovina at the trial of Bozidar Kuvelja, was instructed that he was granted immunity, but only in relation to the event that happened in Kravica from July 13 to 14, 1995. The witness said that he stood guard in front of the agricultural co-operative building in Kravica that night, while men from Srebrenica were killed behind the hangar.

However, after Prosecutor Ibro Bulic asked the witness, during the cross-examination, about some events that preceded the taking of men to the hangar in Kravica in July 1995, the Trial Chamber decided to stop the examination of this witness due to a possibility that he might be incriminated by his statement.

Kuvelja, former member of the Jahorina Training Centre with the Special Brigade of Republika Srpska, RS police, is charged with having participated in the separation of men in Potocari and the execution of between 50 and 100 men on July 13, 1995 and then also a group of about 100 survivors, who were invited to come out of the warehouse in Kravica. The indictee is defending himself while in custody.

Protected witness 117 said that he was member of the Training Centre based on Mount Jahorina, adding that Kuvelja, whom he recognized in the courtroom, was member of his company.

The witness said that he was present when men were separated from women in Potocari in July 1995 and taken to a nearby house, where they were killed.

After that the Trial Chamber ordered a break. On its return to the courtroom, it said that the witness, who had been granted immunity for a specific event and mentioned other events, which might expose him to criminal prosecution, had to have a legal adviser during the course of the trial.

“Although you are highly educated, you do not understand what this is about. You must have a legal adviser. If you fail to choose one, the Court will appoint an ex-officio legal adviser,” said Trial Chamber member Davorin Jukic.

Prosecutor Ibro Bulic pointed out that he did not think that the witness had incriminated himself, asking the Trial Chamber to confirm this, but the Chamber rejected his request.

“We cannot respond to your question,” said Trial Chamber Chairwoman Jasmina Kosovic.

The trial is due to continue on October 25, 2011, when protected witness 117 will testify in presence of a legal adviser.