Courtside

Delic Trial Prosecutors Want YouTube Recording

They say sound clip on popular internet site could strengthen their case against the accused.

By Merdijana Sadovic in Sarajevo (TU No 519, 28-Sep-07)

Prosecutors in the case against former Bosnian army chief Rasim Delic this week filed an urgent motion requesting that an audio recording of a farewell ceremony of a unit of foreign Muslim fighters, recently posted on the internet, be admitted into evidence, because they believe it could be central to their case.

The audio clip in question was part of video footage posted two weeks ago on YouTube, the popular internet site, in which General Delic allegedly says that the El Mujahed unit was part of the command and control system of the Bosnian army.

Delic is on trial for allegedly failing to take the required steps to prevent or punish foreign Muslim fighters, or mujahedin, who apparently executed and mistreated tens of captured Serb soldiers and civilians during 1995.

He is also charged with crimes mujahedin allegedly committed against captured Bosnian Croat civilians and soldiers in the villages of Maline and Bikosi in central Bosnia’s Travnik municipality in June 1993.

At the time of the indictment, Delic was commander of the main staff of the Bosnian army, ABiH. According to prosecutors, in August 1993, he ordered the creation, within the ABiH 3rd Corps area of responsibility, of the El Mujahed unit comprising foreign volunteers.

The prosecutors are trying to prove that mujahedin were under Delic’s effective command and control - a claim contested by the defence.

The footage posted on YouTube was allegedly recorded in January 1996, during a farewell ceremony for the El Mujahid unit in the town of Zenica, following its disbandment.

In the motion filed on September 25, the prosecutors said they would like to present the audio clip during the testimony of a former member of the El Mujahid unit, Aiman Awad, who was scheduled to appear in court on October 2, and ask the witness to verify its authenticity.

They also announced they are in the process of obtaining a voice analysis of the audio clip, to be conducted by the Netherlands Forensic Institute, NFI.

The prosecutors further said that in performing its analysis, the NFI will compare the voice on the audio clip against four known samples of Delic’s voice.

They have also submitted requests to the Bosnian authorities to identify and provide it with any film, video or audio footage of speeches made by the accused to the El Mujahid unit in Zenica on or about January 1, 1996.

The prosecution has also requested that NATO and the US government provide it with any reports relating to a meeting that Delic allegedly had with NATO officials on December 21, 1995 at Sarajevo airport.

Prosecutors explain that this step was taken because the speaker on the audio clip states the El Mujahid unit is part of the command structure of the Bosnian army and that he had confirmed as much at meetings with NATO forces at Sarajevo airport.

However, Delic’s lawyers have strongly opposed the prosecution’s request for the recording to be included as evidence, arguing that it would jeopardise their client’s right to a fair trial.

Delic’s lead counsel Vasvija Vidovic announced this week that the defence would request their own expert opinion of the authenticity of the audio recording.

In another development, Delic’s defence have asked for more time to prepare their case, saying that they have experienced a punishing workload, due to the complexity of the case and the large number of documentation they have to get through.

Judges’ decision on both the prosecution and the defence requests will be announced at a later stage.

Merdijana Sadovic is IWPR’s Hague programme manager.