Who conducted and how the investigation in the Dudaković case: Illegal seals of the RS Ministry of Justice

By Amina Čorbo-Zećo

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At the trial of General Atif Dudaković and others, testimonies of witnesses who have since died were read today, namely Božo Jarić died even before the indictment was filed, so it remained unclear why he was on the list of witnesses to be examined.

First, the prosecutor's deputy Ivan Matešić read the testimony of Božidar Knežević, given in 2015, who stated that he lived in Sanski Most until 10/10/1995, but that they had to leave their hometown due to the Army of the Republic of Bosnia and Herzegovina's operation. Knežević spoke about the murdered Popović and Gogić families (a total of five bodies) in Tomina and how he found their corpses on a horse-drawn cart and how the Army of Republika Srpska took care of the bodies. The next day, he went to Tomina to make sure they were buried.

"Rajko Tica told me that the Popovići were killed in Tomina," Knežević said during the investigation.

Lawyer Asim Crnalić asserted that the witness clearly stated that there were Serb soldiers in Tomina and that they were killed there.

"So how is it then? The testimony does not show how the Popovići and Gogić families died. Also, during the investigation, suggestive questions were asked, suggesting to the witness that the deceased were killed, but it is not clear at all how they died," said Crnalić.

Ifet Feraget noted that the witness had different signatures on each page, so if the witness were alive, he would direct the questions in that direction.

"The witness does not state where, when, or how the bodies were found. I would also ask him if he had the opportunity to hear from officials against whom the investigation is being conducted and what this case is about," said Feraget.

The reading of the testimony of another witness, Božo Jarić, who spoke about the circumstances of his capture and imprisonment in Sanski Most, led the defense to assert that not a single point related to the indictment charges. The testimony mentioned very brutal things that did not concern the Fifth Corps at all. Rape and camps are mentioned, which do not concern the accused in any way, and even the presiding judge of the Trial Chamber, Željka Marenić, said that it was clear to them that these accusations from the testimony did not relate to the accused.

However, what Ifet Feraget revealed at the hearing calls into question the legality of the investigation in this case.

"In one of the minutes, which was very interesting, there was a seal stating that the minutes were a true copy of the original. When I asked the esteemed colleague prosecutor if he had the original minutes with him, he said he did. When I looked at those minutes, I saw that they had signatures that should be original from those persons, but I don't know that. The question arises as to why you put the seal of the Ministry of Justice of the BiH entity of Republika Srpska, the Center for Research of War Crimes, on the original minutes," said Feraget.

He added that there was no need to put a seal stating it was a true copy of the original on the minutes. This further led to the conclusion that the minutes were compiled and obtained by the Ministry of Justice of Republika Srpska, which is not in accordance with the law.

"Because that Center for Research of War Crimes, regardless of its name, is not in accordance with the provisions of the Criminal Procedure Code, which states that the investigation is conducted, managed, and supervised solely by the Prosecutor's Office. After that, a series of questions arose, primarily regarding relevance. Given that the witnesses were questioned about circumstances that have no connection to the accused persons," added Feraget.

The defense noticed that the witnesses were questioned during the investigation about circumstances that were not part of the indictment, which the Trial Chamber also noticed and the presiding judge Marenić commented on.

"So, these are a series of omissions to which the defense has objected. Regarding legality, authenticity, and relevance. I repeat, about circumstances that are first unknown, and then about circumstances that do not concern the people who are accused. There are statements that are morbid and do not fit into any logic of common sense. The question arises whether a legal investigation was conducted. In my opinion, it was not," added Feraget.

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