Rape charge sticks against former Bosniak army chief

A Hague judge hearing the case against Rasim Delić dismissed the prosecution motion to drop the rape charge.

Izvor: SENSE

Tuesday, 11.12.2007.

21:07

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A Hague judge hearing the case against Rasim Delic dismissed the prosecution motion to drop the rape charge. As the presiding judge Moloto said, this decision was made in the interest of justice because the accused had already pleaded not guilty to all counts in the indictment including rape and the prosecution had already called evidence on that count. Rape charge sticks against former Bosniak army chief The presiding judge explained that to drop this count at this stage of the trial would put the accused in a situation where he might be tried twice for the same offence if some other court decided to charge him. The count describes how three Serbian women were captured during the attack of the Bosnian Muslim Army on Vozuca on September 11, 1995. They were then taken to the El Mujahid Detachment camp in Kamenica where they were physically abused, sexually assaulted and raped. The prosecution filed the motion to drop the charge after protected witness DRW-1 refused to appear at the trial and give her evidence about what had happened to her. The reason for the motion was the wish to protect the victim from possible contempt charges if the Trial Chamber decided to subpoena her to testify. The Trial Chamber solved this problem by granting the prosecution’s request to admit into evidence the statement of Witness DRW-1 with parts relating to rape redacted. As the defense decided not to cross-examine her, the witness will not have to appear before the court. Despite the decision of the Trial Chamber not to drop any charges from the indictment at this stage of the trial, the prosecution will most likely not call any evidence related to rape. The prosecution will rest its case in January 2008, after the Tribunal’s winter recess, it was announced.

Rape charge sticks against former Bosniak army chief

The presiding judge explained that to drop this count at this stage of the trial would put the accused in a situation where he might be tried twice for the same offence if some other court decided to charge him.

The count describes how three Serbian women were captured during the attack of the Bosnian Muslim Army on Vozuća on September 11, 1995.

They were then taken to the El Mujahid Detachment camp in Kamenica where they were physically abused, sexually assaulted and raped.

The prosecution filed the motion to drop the charge after protected witness DRW-1 refused to appear at the trial and give her evidence about what had happened to her.

The reason for the motion was the wish to protect the victim from possible contempt charges if the Trial Chamber decided to subpoena her to testify.

The Trial Chamber solved this problem by granting the prosecution’s request to admit into evidence the statement of Witness DRW-1 with parts relating to rape redacted.

As the defense decided not to cross-examine her, the witness will not have to appear before the court.

Despite the decision of the Trial Chamber not to drop any charges from the indictment at this stage of the trial, the prosecution will most likely not call any evidence related to rape.

The prosecution will rest its case in January 2008, after the Tribunal’s winter recess, it was announced.

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