Custody in the Nisvet Gasal et al. case Terminated and Prohibiting Measures Imposed

20.02.2009, 12:42
On 19 February 2009 the Court of Bosnia and Herzegovina (BiH) granted the motion of the Defense Counsel for the Accused to terminate custody of Nisvet Gasal, Musajb Kukavica, Enes Handžić and Senad Dautović and imposed prohibiting measures on them.

The Accused are ordered to surrender passports, ID cards, driver’s licenses and any other personal identification document issued in their name by authorized institutions of Bosnia and Herzegovina or any other country, Government and authorized institutions and all travel documents they own, have in their possession and under their control.

Besides the aforementioned measure, the following prohibiting measures have been imposed on the Accused:

  1. the Accused are prohibited from leaving their place of residence without prior consent of the Court unless they are leaving it in order to appear before the Court in this criminal matter or if summoned by the Prosecution.
  2. the Accused cannot change their place of residence without prior consent of the Court.
  3. the Accused are ordered to report once a day to the relevant Police Stations in the period from 08:00 a.m.– 10:00 p.m., Police Station of Bugojno for the Accused Gasal, Kukavica and Dautović and the Police Station of Donji Vakuf for the Accused Handžić. The authorized personell of the Police Stations shall inform the Court in writing whether the Accused complied with the decision.
  4. the Accused are prohibited from contacting or interfering in any way with persons who are witnesses for the Prosecution in this criminal matter, and with persons who are listed in the Indictment of the Prosecutor’s Office of BiH as well as with all potential witnesses in these criminal proceedings. Accused are prohibited from contacting with accomplices and accessories in the perpetration of this criminal offence as well as from contacting with one another in these criminal proceedings.
  5. the Accused are ordered not to discuss the case with anyone except their counsel.
  6. the Accused are ordered not to visit places where persons listed as witnesses in the Indictment of the Prosecutor’s Office of BiH have their place of residence.
  7. the Accused are prohibited from attending social gatherings both public and private and especially from visiting all catering establishments and facilities that host social activities in the territory of Bugojno and Donji Vakuf municipalities. 
  8. the Accused are prohibited from performing any professional and official duties in the police and military forces, as well as any other activities related to these criminal proceedings.
  9. the Accused are ordered to strictly comply with the Court’s orders and summons which may at a later stage change or terminate these measures or under which their presence is required at the Court as well as to be available when summoned by the Prosecutor’s Office of BiH whenever required for the purpose of the investigation regardless of their right to remain silent.

The imposed measures shall remain in force as long as reuquired until the Verdict becomes final and the review of justification will be carried out every two months.

In case they breach any of the aforementioned measures the Accused shall be ordered into custody.

Nisvet Gasal, Musajb Kukavica, Enes Handžić and Senad Dautović are charged with the criminal offence of War Crimes against Civilians.