Bosnia’s Court acted in a professional manner and resisted political pressure when it released former Bosnian Army general Atif Dudakovic from custody, his lawyer, Asim Crnalic, told N1 in an interview.

Authorities arrested former Bosnian Army general Atif Dudakovic and 12 other members of his Fifth Corps on Friday. They stand accused of war crimes, committed between 1994 and 1995, and related to the alleged killing of hundreds of captured Bosnian Serb soldiers from the area of Western Krajina and Bosniak civilians who supported the Autonomous Province of West Bosnia during 1994 – a structure that was run by Bosniaks who rebelled against the Sarajevo government.  

Despite the prosecutor's request for the suspects to remain in custody, the Bosnian State Court ordered their release.  

The lawyer said he is satisfied with the Court’s decision to free Dudakovic from custody, and confirmed that the former general was currently at home with his family in Bihac.

“I am satisfied with the decision by Bosnia’s Court, which did its job in a professional manner and resisted political pressures, although they were intense,” he said.  

Prosecutors said the suspects could influence the witnesses if they are released, but they did not prove this concern sufficiently, he explained.  

The prosecution currently has 15 witnesses, but this number may increase as the investigation is ongoing, he said.

The restrictive measures Dudakovic and his co-defendants must oblige to include a ban on communicating with other former members of the Fifth Corps who were involved in the ‘Sana 95’ military operation, and on speaking to media about the charges against them.

“That is a large number of people,” he said, “for example, there could be two brothers and one of them is a suspect while the other is not, but they may not speak to each other.”

The reason why Dudakovic did not plead either way is a defence strategy, Crnalic said.

“We saw that the Prosecutors’ Office has a problematic job and we didn’t want to help them to fix this,” he said.

According to Crnalic, the former general is most concerned about his health.

“He is a sick man. I shared this information with the prosecutor and I gave him a document proving it. After the holidays (May 1), Dudakovic is going to the clinical centre in Sarajevo,” he said.

The investigation against Dudakovic lasts for 12 years already, during which he was available to prosecutors at all times.

“Not once did he give a statement to the prosecutors as he was never summoned,” he said. “Not one of his actions proved that he will not oblige to the prosecutors’ orders.”

“Now, he has been summoned. Before that, he was unnecessarily arrested at three o’clock in the morning. This was difficult for him. But that is how justice works,” the lawyer said.

Crnalic also does not agree with the terminology prosecutors are using in the case.

“The Prosecutors’ Office states the municipalities were conquered. What really happened is that they were liberated,” he said, adding that all but ethnic Serbs were expelled from those municipalities.

“Those were houses of Bosniaks, Croats and others. What happened during the ‘Sana 95’ operation was a liberation, not conquering,” he said.

Crnalic believes the prosecution will not be able to prove the charges.