Hodzic Defense Asks Trial Chamber to Discontinue Proceedings

Hodzic, a former member of the Zulfikar Squad of the Bosnian Army, has been charged with participating in the shooting of six members of the Croatian Defense Council. They had surrendered to Bosnian Army forces and were killed in Trusina on April 16, 1993. He is on trial with Mensur Memic, Dzevad Salcin, Nihad Bojadzic, who are also former members of the Zulfikar Squad, and Senad Hakalovic, a former member of the Neretvica Brigade.

“There were no legal grounds for conducting the proceedings,” said Midhat Koco, Hodzic’s defense attorney, at today’s closing statements.

The proceedings against Hodzic began with this arrest in September 2009. Koco said at the time it was suspected that Hodzic was not mentally fit to stand trial. Since then, Hodzic underwent several mental health examinations.

Koco said that in 2009, court experts had determined that Hodzic displayed symptoms of a mental disorder, and as such was temporarily incapable of participating in the trial. According to Koco, the court experts had proposed that Hodzic be sent to a psychiatric clinic for six months, and then undergo another mental health examination.

“That was never done,” said Koco.

Koco said his client’s mental health problems began after he received an injury to the head in 1995. He said he suffered brain injury as a result, with permanent consequences.

Koco said when the trial began in the second half of 2010, Hozdic left hearings that lasted too long. He said he had doubts as to whether his client left the hearings arbitrarily, as the trial chamber claimed. He said neuropsychiatrist Abdulah Kucukalic had said Hodzic was mentally incapable of following the trial.

With regards to the state prosecution’s evidence, Koco said it was unreliable and didn’t even provide indications as to what happened on the day of the crime. He said his client was undoubtedly present when the incident occurred in Trusina, but said he had put his rifle away and was evacuating a wounded soldier.

According to witness testimony, said Koco, the shooting of the surrendered soldiers happened after the soldier had been wounded. That soldier died soon afterwards.

Proceedings against Hodzic in another case, involving war crimes committed on Mount Igman, have been temporarily discontinued.

The trial will continue on April 20, when Bojadzic’s defense will begin presenting its closing statement.