News in English     | 27.04.2022. 11:54 |

Arnaut: Indictment in 'Dobrovoljačka' case is an abuse of process, the same as Serbia did in London

FENA Press release, Photo:

SARAJEVO, April 27 (FENA) - An MP in the House of Representatives of the BiH Parliamentary Assembly Damir Arnaut (Our Party) condemned the filing of the indictment in the "Dobrobvoljačka Street" case by the Prosecutor's Office of BiH, given that there is no event from the period of aggression against Bosnia and Herzegovina that has already received a prosecutorial and a court epilogue in so many different instances.

"In all these situations, the findings were the same - there is no criminal responsibility of the military and political leadership of the Republic of BiH, and the convoy of the JNA vehicles was a "legitimate military target", stated Arnaut. 

Arnaut recalls that 20 years ago, the Hague Tribunal conducted a comprehensive investigation involving Ejup Ganć, Jovan Divjak, Jusuf Pušina and others, and in its acts of June 17, 2003, it officially "took the position that the evidence was insufficient by international standards to a reasonable basis for the belief ”that the said persons have committed violations of international humanitarian law."

"This position of the Hague Tribunal was followed by the court in London, when in July 2010 it rejected the request of the Republic of Serbia for the extradition of Ejup Ganić. The court then concluded that, although the prosecutor's decision of the Hague tribunal as such does not violate the right not to be tried twice for the same thing (non-bis in idem), "it establishes a very significant obstacle to any other indictment" judge Workman underlined that "this, therefore, attaches considerable weight to the fact that no indictment has been filed."

Moreover, judge Workman concluded in the same verdict that the combination of my testimony and that of Noel Malcolm led him to believe that this procedure was initiated and used for political purposes and that as such it was "an abuse of process before this court," Arnaut recalls. The court in Vienna accepted almost identical findings in the case of the request for the extradition of Jovan Divjak.

Considering all my experience from the London and Vienna processes, including thousands of pages of the read documentation, I have no doubt that the goal of Serbia and Republika Srpska in initiating and conducting these proceedings was to equalize the responsibility of the military and political leadership of these two sides in the conflict - the aggressors. and the defenders, underlines Arnaut.

"However, after these two debacles, which included the official recognition by Serbia that it had participated in the aggression against Bosnia and Herzegovina, Serbia gave up on further persecution of the highest officials of the RBiH. Interpol's red warrants have been withdrawn, and the international prosecutor in the Prosecutor's Office of BiH, Jude Romano, has officially closed the investigation against those persons.

"Yesterday's decision of the Prosecutor's Office of BiH is, therefore, not only wrong, but I am convinced that it represents "abuse of process" before the Court of BiH in the same way as judge Workman characterized the Serbian request before the court in London," says Arnaut.

Arnaut adds that the prosecution's claim that Ganić knew that Alija Izetbegović "was not captured" is not only a lie, but directly denies the facts unequivocally established by the Hague Tribunal, the London court, the Vienna court, international prosecutors in the BiH Prosecutor's Office and numerous witnesses. Izetbegović was kidnapped by armed formations of another country.

"In view of everything presented above, I expect the reaction of the Chief Prosecutor of the Residual Mechanism Serge Brammertz, especially in light of the fact that such a move by the Prosecutor's Office of BiH calls into question the decade of work of the Hague Tribunal and international prosecutors in Bosnia and Herzegovina.

 

(FENA) S. R.

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