Jezik / Language:
13 June 2007

Damjanovic: Prosecution and Defence Appeal

The Appeals Chamber has listened to Prosecution and Defence objections to the first instance verdict, which sentenced Dragan Damjanovic to 20 years imprisonment for crimes committed in Vogosca.
Both sides in the trial of Dragan Damjanovic have presented their appeals to the first instance verdict sentencing him to 20 years imprisonment for crimes against humanity committed in Vogosca near Sarajevo.

While the Prosecution has appealed on the basis of wrongly determined factual status and has asked that the Chamber pronounce Damjanovic guilty of the only charge for which he was cleared by the first instance verdict, the defence has asked that the verdict be modified in favour of its client.

In December 2006, Damjanovic was found guilty of the forcible taking away, torturing, raping and killing of civilians in the period from July 1992 to January 1993.

The first instance chamber found that Damjanovic was also guilty of taking away five Bosniaks from detention camp Bunker in July 1992.

These people have been missing ever since and their bodies have never been found. Although the prosecution claimed that Damjanovic participated in the killing of these five people, the court could not accept the claim.

The prosecutor in the appeal process, Munib Halilovic, claims that the court has received enough evidence to pronounce Damjanovic guilty also for killing of the detainees.

Prosecution has also objected to the fact that Damjanovic was cleared of the counts for murder of husband and wife Hodzic and a person named Hosic, known as Hose.

Defence attorney Dragoslav Peric has said that Damjanovic confirmed that he escorted the detainees to a work task and handed them over to his commander, but he denies that he caused any physical pain to them by doing that, because he had not been involved in their capture.

The defence has also asked that the appeal chamber reviews the decision pronouncing Damjanovic guilty of raping of K.N. Attorney Peric claims that the act of penetration, in this case, was not proven, so it cannot be confirmed that the rape happened. To support this statement, the defence has cited witness K.N.'s statement in which she said that the indictee had been dressed when the alleged act had happened.

Defence has also appealed the allegedly wrongly determined factual status in Charge 7 of the indictment. Damjanovic was found guilty, according to this charge, for murdering and torturing of Professor Zahid Barucija. Attorney Peric claims that the witnesses of this event gave contradictory statements, including those referring to the place where the Professor's body had been found as well as the date of his murder.

Judge Azra Miletic has announced that the decision will be made within the statutory term.

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