Naser Orić Case: BiH Prosecution Requests Seizure of Documents and Restriction of Movement to Sarajevo Canton and Zenica-Doboj Canton

The hearing before the preliminary proceedings judge of the Court of BiH, Željko Marenić, in the case of Naser Orić has concluded. The BiH Prosecution claims there is reasonable suspicion that he committed a war crime against the civilian population on June 8, 1992, and July 12, 1992, in the place of Zalazje, Srebrenica municipality.

Prosecutor Miroslav Janjić stated that the Prosecution is conducting an investigation based on reasonable suspicion of a war crime against the civilian population in which a large number of residents of Serbian nationality were killed.

Prosecutor Janjić emphasized that the reasonable suspicion arises from witness statements, statements from victims' family members, and the fact that Orić was a member of the Army of the Republic of BiH at the time.

- We are requesting prohibitive measures due to the risk of flight because Orić arrived in BiH through an extradition procedure, also due to influence on witnesses. We request that Orić's movement be restricted to the area of Sarajevo Canton and Zenica-Doboj Canton because some of the witnesses who need to be examined reside in Una-Sana Canton and Tuzla Canton. Also, we request that Orić report weekly to the Ministry of Interior of Sarajevo Canton in the Center, and we believe these measures are adequate for the successful conduct of the proceedings.

Edina Rešidović from the defense team of Naser Orić stated that before the Court decides on prohibitive measures, it must review whether there is sufficient evidence regarding the reasonable suspicion of the charges against Orić.

- The Court must also address other questions about whether this is a matter already adjudicated and must respect the ne bis in idem procedure - Rešidović emphasized.

She stated that Orić is charged with command responsibility, but the Hague court has finally ruled that he did not have effective control over certain units of the Territorial Defense of Srebrenica, and that the Hague Tribunal completely acquitted him of command responsibility. She also stated that in the reasonable suspicion submitted by the Prosecution, his personal activity is not mentioned anywhere, only command responsibility, and a verdict on that was rendered by The Hague.

Lejla Čović, also from the defense team of Naser Orić, commented on the prohibitive measures requested by the BiH Prosecution and noted that the extradition procedure was not carried out because Orić attempted to be unavailable to the BiH judiciary, but traveled to Switzerland at the invitation of Bosniaks for the commemoration of the 20th anniversary of the Srebrenica genocide.

- Your Honor, my client gave a statement as a suspect back in November 2008, and since then he has traveled out of the country and returned multiple times, as established by the Swiss court. He has never attempted to influence witnesses and does not even know who the witnesses are. Therefore, the defense requests that all requests of the BiH Prosecution regarding prohibitive measures against my client be rejected - Čović emphasized.

Incidentally, the Prosecution requested that all travel documents be seized from Orić and that the issuance of new documents be prohibited due to the risk of flight, and the judge twice asked Prosecutor Janjić for clarification on why he believes Orić might flee. Judge Marenić will render her decision subsequently, and it will be delivered in writing to both the BiH Prosecution and the defense of Naser Orić.

Naser Orić, the wartime commander of Srebrenica, was extradited to BiH from Switzerland on Friday, where he was arrested on June 10 on a warrant from Serbia for alleged crimes in the village of Zalazje near Srebrenica.

He was placed in extradition custody, where he spent 14 days. The extradition was requested by Serbia, but also by BiH, and the Swiss court decided in favor of BiH.