Verdict against Rackovic Expected May 11, Defense Gives Closing Statements

Vitomir Rackovic’s defense said the prosecution failed to prove that Rackovic committed war crimes in Visegrad, and called upon the Bosnian state court to acquit him of all charges.

Petko Pavlovic, Rackovic’s defense attorney, said the state prosecution failed to prove a single punishable action committed by his client, nor his intention to participate in criminal acts.

During the Bosnian war, Rackovic was a initially a member of the Territorial Defense before joining the Fourth Company of the Visegradska Brigade of the Bosnian Serb Army. He’s been charged with participating in attacks on Bosniak villages, as well as instances of rape, torture, detention, and destruction of property in the Visegrad area from May until the end of August, 1992.

With regards to the charge that Rackovic unlawfully arrested the Bosniak population, Pavlovic said it hadn’t been determined that his client had arrested or detained anyone.

“Injured party Adil Cakar denied having been deprived of his liberty, along with Muhamed Cukojevic, by Rackovic on May 14, 1992. He said he only saw the defendant later on. I guess the injured party knows who arrested him best,” Pavlovic said.

Pavlovic commented on witness testimony referring to the abduction of local residents of the village of Kabernik, and said the testimony was contradictory.

He said several defense witnesses had said Rackovic was wounded several times during the war, and that he was wounded for the first time on July 19, 1992.

“It’s very interesting to note that each of the three times he was wounded, [it was] in the vicinity of his house in the area of Gornja and Donja Lijeska, while defending his hometown, and not while attacking Bosniak villages,” Pavlovic said.

Pavlovic said defense witnesses confirmed that Rackovic was on the frontline at Zaglavak for approximately forty days.

“The court should fully trust these numerous witnesses. It shouldn’t believe the allegations contained in the prosecution’s closing statement, which said they [the defense witnesses] were Rackovic’s friends. The prosecutor asked these witnesses whether they were friends [with Rackovic], but they said they were just neighbours or acquaintances,” Pavlovic said.

Pavlovic said witnesses who claimed to have been abducted from their homes in Bikavac and raped weren’t trustworthy, as “their testimonies differ with regards to substantial facts.”

“They differ in the following ways: the date when they were taken away and raped – June or July, how many women were taken away, what kind of vehicle was used, which bridge they crossed, how Rackovic was dressed, whether he was armed or not, where they were seated in the car…These aren’t unimportant differences, as the prosecution alleges,” Pavlovic said. Pavlovic said one of the witnesses had only talked about her alleged rape by Rackovic a few years ago.

Pavlovic said testimony given by Adem Berberovic, who claimed to have been beaten by Rackovic, was also not trustworthy. He said Berberovic’s allegations were contradictory.

“The defense of Vitomir Rackovic deeply believes that after having assessed all the evidence, the trial chamber will pronounce a verdict of release. Bearing in mind the analysis of such evidence, it is clear that one cannot conclude that Rackovic acted in the manner described in the indictment, in those concrete situations,” Pavlovic said.

The pronouncement of the first instance verdict is scheduled for May 11.