Dudaković and Others: How the Investigation Was Conducted and Will the Prosecutor Follow Dodik Like Tegeltija?

SARAJEVO, (Patria) - The trial of General Atif Dudaković and others continues tomorrow before the Court of Bosnia and Herzegovina. Let us recall, at the last hearing, Enver Hadžihasanović, a retired general and Chief of Staff of the General Staff of the ARBiH, was heard, but only by the Prosecution. 

He will be cross-examined tomorrow, February 24. Namely, the defense was not provided with the documents used during the investigation. Ifet Feraget, an attorney, stated that this is something that will be a general problem throughout this entire proceeding. 

„It is the obligation of the Prosecution, in accordance with the so-called principle of truth, to establish with equal attention both the circumstances that incriminate and those that benefit the accused persons. In this case, we have seen on several examples that the Prosecution did not act in that manner. 

This now has detrimental implications for the defense, disrupting the balance of equality between the parties. Primarily, during the examination of the first witness, Enver Hadžihasanović, the defense did not receive the evidence used in the investigation during his examination, and upon my proposal, the Panel postponed his cross-examination for the next time. The defense is taking on the burden of proof, to obtain evidence that the Prosecution was obliged to obtain. That is a problem, and an even bigger one is that two and a half months ago I inspected the case file, and the prosecutor persistently argues with the President of the Panel and wants to claim that I am obliged to list documents. I have the right to be provided with the complete prosecution file, because I have inspected it,“ said Feraget after the last hearing.

Incidentally, Operation Sana ’95 was legally approved and ordered by the Presidency of Bosnia and Herzegovina in its multi-ethnic composition, with the aim of liberating the territory of the Republic of Bosnia and Herzegovina from rebel Serbs and forces from Serbia.

However, today only members who were the only ones executing orders of the legal authorities of the then Republic of Bosnia and Herzegovina are being tried.

As one can hear, if that territory had not been liberated, the existence of Bosnia and Herzegovina would be questionable, so the question arises where today's prosecutors would work. Also, it is still unknown what implications the decision of the NSRS to block work in state institutions will have on the work of the Prosecutor's Office of BiH. Furthermore, the departure of Milan Tegeltija to a political gathering in the RS at the invitation of Milorad Dodik could affect the work of the prosecutor. Let us recall, the prosecutor in this process is Vedrana Mijović, otherwise the daughter of former SNSD parliamentarian Slavko Jovičić - Slavuj. 

In addition to Dudaković, for crimes against humanity committed in the municipalities of Bosanski Petrovac, Ključ, Bosanska Krupa and Sanski Most and surrounding villages, for the murders of more than 300 people, persecution and destruction of religious buildings, former members of the Fifth Corps are charged: Ekrem Dedić, Sanel Šabić, Ibrahim Šiljdedić, Safet Salihagić, Adis Zjakić, Hasan Ružnić, Redžep Zlojić, Samir Solaković, Fatmir Muratović, Muharem Alešević, Husein Balagić, Edin Domazet, Ejub Koženjić, Ibrahim Nadarević and Said Mujić.