Injured Party Granted Vulnerable Witness Status

The Trial Chamber has granted ‘vulnerable witness’ status to an injured party, who, according to the Zenica Cantonal Prosecution’s charges, was raped by indictee Asim Kadic in June 1992.

The public will be excluded during her testimony, while the indictee will be removed from the courtroom. She will also be provided with psychological support.

The Court made the decision on the basis of an assessment conducted by medical court expert Emira Ejubovic, who determined that, facing the indictee would cause stress and trauma to the injured party.

The three previous hearings at Kadic’s trial were postponed because it took long to obtain complete medical documentation about the injured party in order to assess her health condition.

After having reviewed the received documents, the court expert determined that the injured party had visited doctors due to physical problems, because she had tried to suppress the trauma and avoid discussing the subject.

“After 2009, when the process was initiated without her knowing about it or requesting it, her family was destroyed. Her health problems deteriorated due to her mental condition. Should she have to face the indictee she would be traumatised again,” Ejubovic said.

The Court rejected Defence’s objections about the statute of limitations and unlawful repetition of the criminal proceedings, saying that they were groundless.  

The Chamber determined that a verdict was not pronounced during the previous proceedings conducted before the Basic Court in Visoko and District Military Court in Zenica, but the Prosecution decided to discontinue the investigation instead. The investigation was later continued, resulting in the filing the indictment for war crimes, which did not fall under the statute of limitations.

The trial is due to continue on July 18.