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The custody extension motion for suspect Zivkovic was requested due to a possibility that he might flee and influence witnesses and that the public order and peace might be disturbed. The Defence proposed that the State Prosecution’s motion be rejected and prohibiting measures ordered instead.
Zivkovic has a seasonal job in Serbia. He visits his family in Bratunac occasionally. This means that he is outside of Bosnia and Herzegovina most of the time. The Prosecution of Bosnia and Herzegovina has filed an indictment against him. This can be an additional reason for flight, said State Prosecutor Rut Ley.
The Defence pointed out that the Prosecution of Bosnia and Herzegovina did not provide arguments for the extension of custody, adding that the suspect could not flee, because he did not have citizenship of Serbia.
The suspect is not able to flee, considering his financial situation. As far as the possibility of him influencing witnesses is concerned, the investigation has been completed and he can no longer influence them. Also, there are no indications that his release to liberty could disturb the public. He is an insignificant person in his community, said Nenad Rubez, Defence attorney of the suspect.
Prosecutor Rut proposed that custody for the suspect be extended until the confirmation of the indictment. The Trial Chamber explained the the confirmation of the indictment was an uncertain act, so custody could not be extended in such way.
As far as the Court is concerned, no indictment exists as of yet. It may not be confirmed in the end, so we cannot order him into custody until the confirmation of the indictment, said Trial Chamber Chairwoman Vesna Jesenkovic.
After that the Prosecution of Bosnia and Herzegovina proposed that custody for Zivkovic be extended for 15 days.
Zivkovic, who was arrested in mid-June this year, is suspected of having committed crimes against the Bosniak population in Hranca village, Bratunac municipality in May 1992.
During an attack on that village, conducted on May 3, 1992, four persons, including a six-year old girl, were killed, while nine people were captured and taken away. None of them has been seen alive since then. Hranca was attacked again six days later, when at least 14 people were killed.
