Jezik / Language:
26 November 2013

Andrun’s Hearing Postponed Due to Change of Defence Attorney

Selma Ucanbarlic BIRN BiH Sarajevo

A hearing at which a custody order motion for Nikola Andrun was due to be discussed has been postponed due to a change of Defence attorney. Andrun was released from prison, where he was serving his sentence for war crimes, due to the wrong application of a law.

Instead of Nikola Andrun’s ex-officio attorney Hamdo Kulenovic, attorney Drazen Zubak came to the hearing scheduled by the Appellate Chamber of the Court of Bosnia and Herzegovina in order to discuss the State Prosecution’s custody order motion for Andrun. 

“My client informed the Court that he wanted me to represent him in this case,” Zubak said, adding that the Court of Bosnia and Herzegovina had been informed about it.

Appellate Chamber Chairwoman Azra Miletic said that a process for releasing the ex-officio attorney from duties had to be conducted.

“We must invite the ex-officio attorney and check how this happened,” Miletic said.

She said that the hearing would be postponed until further notice and that a new date would be set once attorney Zubak had submitted a power of attorney, authorising him to represent Andrun. 
In August 2008 Andrun was sentenced, under a second instance verdict, to 18 years in prison for committing war crimes against the civilian population in Gabela detention camp, Capljina municipality. He was sentenced for having participated, in his capacity as Deputy Manager of Gabela detention camp, in the murder, torture and inhumane treatment of detained civilians during 1993.
As per a decision rendered by the Court of Bosnia and Herzegovina, Andrun, as well as nine other former genocide and war crimes convicts, was released from prison, where he was serving his sentence, on November 18 this year.

The decision was made after the Constitutional Court of Bosnia and Herzegovina determined on acting on appeals filed by the convicts, that the Criminal Code of the former Yugoslavia should have been applied instead of the Criminal Code of Bosnia and Herzegovina at their trials.

During the process before the Constitutional Court Andrun was represented by attorney Zubak.
Chairwoman Miletic said at this hearing that Andrun also requested her and judge Milos Babic’s exemption.

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