Čemerno Case and Doubts about the Lawful Conduct of the Investigation

SARAJEVO, (Patria) - The trial in the Čemerno case continued today before the Court of Bosnia and Herzegovina, and as at previous hearings, doubts about the conduct of the investigation were once again highlighted, with the defense emphasizing this, so today we heard how lawyer Ifet Feraget pointed out the lack of principle and illegal taking of statements, stating that the investigation in this case was not conducted in accordance with the law.

As stated, those who shelled from Čemerno and committed crimes against Bosniaks should have been examined and prosecuted first, to which the prosecutor said that he is already conducting an investigation against commanders and soldiers who served the 122-millimeter howitzers at Čemerno and from which shells were fired that killed people in Breza, Sarajevo, and Visoko.

Incidentally, today the witness of the Prosecutor's Office of Bosnia and Herzegovina, Dragislav Mijanović, a former resident of the village of Srednje, testified. On June 10, 1992, he went to Čemerno with other members of the Army of Republika Srpska from the Srednje company (Ilijaš Brigade), after receiving information via radio about the crime in Čemerno.

Mijanović claimed that he went to Čemerno as a guide because his wife was from Kunosići, and that in Čemerno they found the bodies of murdered men and women. Mijanović mentioned that he did not recognize anyone because the bodies were covered in blood, but that Sreto Đurđić recognized his brother Gojko, and that he saw Zdravko Damjanović, whom one of the soldiers recognized. He also mentioned two Trifković girls.

Describing what he saw, Mijanović said that he was not present at the identification of the victims, but that he knows that over 30 people were killed. He said that he did not know that there were howitzers used by the VRS at Čemerno, and that he learned this after the end of the war.

Mijanović mostly spoke about indirect knowledge and what Petar Rašević, who has since died, told him. Lawyer Damir Alagić insisted that Mijanović, who claims to have been an auto mechanic in the VRS and that his company did not participate in any armed conflict, explain how he lost his leg. Mijanović stated that he stepped on a mine while changing a tire on a vehicle.

Alagić asked Mijanović whether he participated in the burning of Osman Bešlija in a hunting lodge in Meškovac, which the witness denied and said he did not know who set Bešlija on fire. Alagić then said that "someone else will know."

Feraget asked the witness about the importance of the village of Srednje in road communications, but he could not confirm that Serbian forces held control, stating that he does not know. However, he said that since March 1992, not a single Muslim remained in the police force in Srednje.

He confirmed that he knows how and who killed the Muslims from Ahatovići, but apart from a certain Ruža from Vogošća, he could not remember any other names. In his statement about Čemerno, the witness mentioned around 30 names, so the lawyer emphasized that it is strange that now he cannot remember anyone else except Ruža.

Lawyer Dražen Zubak asked the witness whether he would agree with him that 21 VRS soldiers died at Čemerno, to which Mijanović said he does not know.
Mijanović left open the possibility that there are several people named Nusret Bešlija in the village of Korita.

Prosecutor Vladimir Simović entered into the record the witness's statement given in Zvornik in 2015, while defense lawyers filed objections to the legality, authenticity, and relevance of the evidence.

The Prosecutor's Office of Bosnia and Herzegovina charges former members of the Territorial Defense (TO) and active and reserve police forces – Džemal Hadžić, Teufik Turudić, Džemal Smola, Senad, Haris and Benjamin Sikira, Enes Durak, Mirsad, Nusret and Mirzet Bešlija, and Hamdija Spahić and Nehru Ganić – with participating in a joint criminal enterprise in the village of Čemerno in June 1992.

The trial continues on Thursday, September 12.