Attorney expects no new restrictions in Dudakovic case

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Bosnia's state Court will pass in a few next days a decision on the possible extension of the prohibitory injunction regarding Atif Dudakovic, a former general in the Army of Republic of Bosnia and Herzegovina (ARBiH) and 16 other defendants in this case, attorney Asim Crnalic said on Wednesday.

“I expect the Court to reject the proposal of the Prosecutor's Office on a new prohibitory injunction, especially regarding the restrictions in leaving the place of residence and travel restrictions. The Prosecution offered no specific reasons why the court might draw a conclusion on a flight risk,” said the defence attorney.

The Court of Bosnia and Herzegovina confirmed the indictment against Dudakovic and 16 other members of the ARBiH commander and 16 members of the Army's 5th Corps.

They were charged with the crimes against humanity and the war crimes against civilians. According to the indictment, the defendants were also accused of persecution and torturing of the Serb civilians and prisoners of war as well as the destruction of the Orthodox shrines, churches and other religious facilities.

Crnalic hopes the court will also reject the prohibitory injunction regarding the contact with witnesses.

“The fact that the indictment was issued a bit late, according to some opinions, doesn't mean the Prosecutor's Office was not doing its job. That's one serious case and the Prosecutor's Office can spend time here to prove the allegations. We will see in the courtroom if they managed to do so,” stressed Crnalic adding that the main hearing is expected to take place in about three months.

Atif Dudakovic is a former RBiH Army general. During the Bosnian War (1992-1995), Dudakovic was in command of the Bihac enclave in the north-west of the country, which was surrounded and besieged from 1992 to 1995 by the Army of the Republika Srpska, the Army of the Republic of Serbian Krajina and Bosniak dissenters led by the Bosniak politician Fikret Abdic. During that time, Dudakovic commanded the 5th Corps.

After the war, he became the general commander of the Army of the Federation of Bosnia and Herzegovina (FBiH) entity, one of two semi-autonomous entities in Bosnia. The other entity is the Republika Srpska (RS).

Part of the indictment against Atif Dudakovic refers to war crimes committed against Bosniak victims, members and supporters of the ‘People’s Defence of the Autonomous Region Western Bosnia,’ during clashes in the areas of Bihac and Cazin municipalities.

The Prosecution said they plan to prove the charges with testimonies of 447 witnesses and six experts as well as by exhibiting more than 1,100 pieces of evidence.

Dudakovic was apprehended in Bihac in April this year in a police operation carried out the State Investigation and Protection Agency (SIPA) of Bosnia and Herzegovina.