New hearing, old problems: Simović wants fugitives from justice as witnesses, but via video link!

By: A. Čorbo-Zećo

A new hearing in the case of Džemal Hadžić and others, better known as the Čemerno case, brought an old story. The Prosecutor's Office of BiH, specifically prosecutor Vladimir Simović, still insists that three witnesses from Belgrade testify via video link.

These are not just any witnesses. They are three members of the VRS, who commanded and led artillery from Čemerno, from where they shelled civilians in Breza, Kakanj, Visoko...

The Court of BiH does not have the means to contact them, so at today's hearing, the president of the panel, judge Minka Kreho, ordered Simović to provide the Court with contact details so that the court can arrange for the examination of a number of witnesses by the prosecution via video link.

Lawyer Ifet Feraget, who is defending the accused Enes Durak, reminded the court at the end of the hearing that by written submission dated 02.04.20204, he pointed out the reasons why the court should not examine witnesses via video link who are not unavailable to the court, whose civilian status is questionable, and against whom an investigation is ongoing or should be initiated due to suspicion of war crimes!

In this regard, we contacted lawyer Feraget, who stated the following:

“Prosecutor Vladimir Simović proposed that five witnesses be examined via video link because they are unavailable and are in another country! I disputed this position of prosecutor Simović because these are not unavailable witnesses, but witnesses who do not live in BiH and whose presence can be secured by summoning them to court. I particularly pointed out that prosecutor Simović failed to use the opportunity for judicial evidence preservation, by having these individuals examined at a time when they were in BiH, which would have also allowed the defense to directly examine these witnesses.

I also disputed prosecutor Simović's a priori stance that they are civilians, considering the evidence presented and the statements of examined witnesses that even female individuals of Serbian nationality at Čemerno used weapons, and some of them, according to those statements, even killed one or two soldiers, and I also pointed out the military expert's findings that the commander at Čemerno should have moved all civilians from the combat deployment zone of the artillery, and that civilians who participated in the fighting cannot be considered civilians!

Finally, prosecutor Simović informed me back in 2019 that the Prosecutor's Office of BiH is conducting an investigation for war crimes against the civilian population, i.e., indiscriminate shelling of Breza, Ilijaš, Visoko, and municipalities within the city of Sarajevo from VRS positions at Čemerno, which is why I pointed out to the court that 'potential indictees and fugitives from justice' cannot be examined as witnesses, let alone via video link,” Feraget told NAP.

We remind you that Simović wants key witnesses in this criminal case to be examined via video link from the Republic of Serbia, including, among others, the infantry commander at Čemerno Momir Šikuljak and the artillery commander at Čemerno Velibor Blagojević, as well as Jovo Trifković.

Otherwise, at today's hearing, the Prosecution presented material evidence.