Trial of Dudaković and others: Defense warns that the Prosecution is hiding evidence and questioning 'third-hand witnesses'

SARAJEVO, (Patria) - In the continuation of the trial against Army of RBiH General Atif Dudaković and 14 other individuals accused by the Prosecutor's Office of Bosnia and Herzegovina of alleged war crimes in the Bosanska Krajina region, the BiH Prosecutor's Office heard another prosecution witness.

Mile Ćulibrk from Bosanski Petrovac, who now lives in Derventa, spoke about the suffering of his father Milan (1928) and brother Duško (1954), who was disabled, and who remained in the village of Oraško Brdo after the VRS withdrew from those areas in September 1995.

As the witness stated today, the family's last contact with the two was around September 1st, when they refused to leave the area, saying that no one would harm them because they were civilians.

Unknown cause of death

At that time, as he stated today, he was a member of the VRS on the battlefield in the vicinity of Ključ, while his family left Bosanski Petrovac on September 10th, with organized transport by the VRS, because, as he stated today in response to a question from judge Željka Marenić, "it was no longer safe to stay there".

They received information that his father and brother were no longer alive, as he stated today, about two months later, and they were informed by a certain "Enes from Golubić".

It turned out to be Enver Memagić, the husband of his cousin Dušanka, who, as he said, informed them through acquaintances that he had found them dead near their house and buried them. He stated that they were buried about 15 meters from the house.

He said that the bodies were exhumed in 2013 and transferred to Banja Luka, and that his father's body was complete, while his brother's body was incomplete.

Further, in response to questions from prosecutor Vedrana Mijović, he said that two of his other relatives, Mirko and Boro Ćulibrk, also perished in the village, and that their houses were burned down.

Lawyer Jasmin Mesić asked the witness if Enver, in November 1995, when he reported the death of the witness's father and brother, described the scene, if there was any weapons, ammunition, or similar, to which the witness replied that there was nothing. He explained that Enver told his wife, who then informed them through relatives, and that he did not know who killed them or what happened.

When asked if they were present at the exhumation, he said they were not, but that they were at the identification in Banja Luka in 2016 and did not have the opportunity to see the bodies. He also said that they did not discuss the cause of death with the pathologist.

Lawyer Marsela Bjramović asked the witness if they were given a report regarding the exhumation, stating that it indicated that the cause of death could not be determined, to which he replied affirmatively.

When asked if it was true that he did not know who they perished from, the witness said: "From the Fifth Corps", to which the lawyer replied: "Given that you were not there nor anyone close to you, is that your assumption?", to which the witness replied: "Well, yes".

When asked if VRS and HVO attacks were taking place in that area at that time and if the army was evacuating the population after September 12th, the witness said: "Yes. Some were evacuating, some were not".

Lawyer Ifet Feraget asked the witness who else he had besides his father and brother, to which he replied that he had a sister in Prijedor. The lawyer tried to ask if he knew what his sister Slavka Stipić had said about this during her testimony, but judge Marenić, after the prosecutor's objection, did not allow further questions in that direction.

Feraget pointed out that this was another indirect witness, to which judge Marenić said that he was an injured witness.

The lawyer then stated that the witness's sister and cousin had previously given statements on these matters to the Ministry of Internal Affairs of the RS, specifically the CJB Banja Luka, and that the defense had not received those records, but rather records of statements taken later, and emphasized the violation, stating that it was a violation of the principle of orality.

The witness, responding to further questions from Feraget, said that his father and brother were killed next to their house, that Enver, Dušanka's husband, had conveyed this, that Memagić was not there at the time it happened, nor was his wife.

When asked by the lawyer if he knew that RS representatives were at that location a month later and found nothing, he said that he was not aware of it. When asked if he had discussed this with his cousin Milan Ćulibrk, he said he had not. The lawyer then asked the witness how far the village of Prkosi was from that location and if he was aware that remains were allegedly found there, to which the witness repeated that the bodies, according to Enver's statement conveyed by relatives, were near the house.

When asked by the lawyer if there was shelling at that time, he said yes. When asked by the lawyer if it was from the direction of Drvar, the witness said: "From the direction of Bihać and Drvar".

- From the direction of Bihać on September 10th? - asked the lawyer, to which the witness replied: - Yes.

Investigation statements that are missing

The lawyer also asked if he had heard the story that his cousin Boro, who, as he said today, perished at the same time as his, had actually escaped and was not killed, to which the witness replied that he had not heard that.

Lawyer Mirsad Crnovršanin asked the witness how far Bihać was from Bosanski Petrovac, to which he replied 54 kilometers.

When asked if it was true that Oraško Brdo was four kilometers from the border with the Republic of Croatia, he said that it was "about 35 kilometers".

Lawyer Mirna Avdibegović reminded the witness that he had said that his last contact with his father and brother was around September 1st, and that they were already discussing evacuation at that time, to which he replied affirmatively.

Judge Tanja Curović asked the witness who set fire to the houses in Oraško Brdo, to which he replied: "The Fifth Corps". When asked how he knew that, the witness said: "There is no one else to set them on fire".

At the end of today's hearing, lawyer Ifet Feraget addressed the problem of the Prosecution not providing evidence to the defense, stating that they still had not received the CDs that witness Selver Vojić had provided to the Prosecution. He once again drew the Court's attention to the two witnesses he mentioned today, and stated that Slavka Stipić, the sister of today's witness, was heard on August 18, 2009, and witness Milan Ćulibrk on September 28, 2009, but that this evidence was not included in the indictment.

- There are hundreds of investigation documents that the defense does not have. It is obvious that these testimonies contain something that does not suit the Prosecution - Feraget said, among other things.

His statements were joined by lawyer Crnovršanin.

The trial will continue on July 3rd, when the hearing of one or two more prosecution witnesses is planned.

(Source: Faktor)