Hodzic Incapable of Following Trial, Says Court Expert

Hodzic and Dzevad Salcin, former members of the Zulfikar Unit of the Army of Bosnia and Herzegovina, have been charged with the torture, assault, and sexual abuse of Serb prisoners on Mount Igman in 1993.

Kucukalic said a team of experts had examined Hodzic and determined that he was not capable of participating at his trial. He said that Hodzic suffered from a brain dysfunction that affected his behaviour, memory, and logical reasoning.

According to Kucukalic, the injuries in defendant Hodzic’s brain have led to permanent personality and behavioural disorders. Hodzic had also developed post-traumatic stress and post-traumatic epilepsy, Kucukalic said.

“These are permanent injuries. It is unlikely that any improvements will happen and that Hodzic will ever be able to participate in the trial,” Kucukalic said. He said his findings were also confirmed by medical documentation dating from Hodzic’s war injury  in 1995 to the present.

Hodzic underwent expert examinations several times. The last one was conducted in October 2013, when neuropsychiatrist Omer Cemalovic determined that the defendant could attend the trial and follow it for a maximum of three hours with short breaks. Cemalovic said that Hodzic simulated his illness, so there was no way to present a precise opinion on his mental health.

During cross-examination prosecutor Vladimir Simovic asked Kucukalic whether it was possible that there were elements of simulation in Hodzic’s case.

“It is possible that they exist, but a very small percentage. However, that is not enough to deceive the whole team of experts. During this examination we conducted a series of checks and tests, which clearly show physical damage. This excludes the possibility that he is simulating his condition,” Kucukalic said.

Prosecutor Simovic presented Kucukalic with recordings made in 2009, which depicted Hodzic walking and shopping on his own. Kucukalic responded by saying that Hodzic could currently walk, but that it didn’t reveal anything about his mental health.

Simovic then asked Kucukalic how Hodzic had managed to pass a driving test and a medical examination in 1999. Kucukalic said Hodzic should not be allowed to drive, and said he assumed that exhaustive tests had been administered at that time.

Following Kucukalic’s examination, trial chamber chairwoman Jasmina Kosovic said that the trial will continue on March 5. At that date the chamber will render a decision on the next phase of the trial.