Special Prosecutor Tanja Čolan Deretić, in her closing arguments at the Higher Court in Podgorica, proposed that the defendant Slobodan Peković, born Ćurčić, be found guilty and sentenced according to the law for war crimes against the civilian population.
The verdict will be announced on July 21st.
In her closing statement today before the special panel presided over by Judge Nada Rabrenović, the prosecutor emphasized that she stands by the allegations in the indictment and stated in detail that the guilt was proven by the testimonies of witnesses.
Defendant Peković is charged with war crimes against the civilian population during 1992, for killing Muj and Emina Šabanović on June 08, 1992, as well as for raping the injured party A1 in September 1992.
"The defense of the defendant Peković, that he did not kill the Šabanovićs in the village of Hum, was refuted by the testimonies of witnesses, who said that they recognized Slobodan Ćurčić, now Peković, among the soldiers," said prosecutor Čolan Deretić.
Attorney Dalibor Tomović, the attorney for the injured parties, also said in his closing argument that it was proven that Peković raped A1, which was confirmed by the statements of both the injured party A1 and the statement of witness A2.
He filed a property claim and requested that the court oblige the defendant to pay the victim 100.000 euros with interest for non-pecuniary damage. He believes that the prosecution has proven the defendant's guilt, and that the court has sufficient grounds to find Peković guilty.
He asked the trial panel to pay special attention to the fact that only A1 could testify about the rape.
"Witness A1, the injured party, said that Peković raped her and described everything in detail, and besides him, Jasko Gazdić also raped her. She experienced severe sexual torture in the room where she was raped, and survived psychological torture. Before the war, A1 was a physically and mentally healthy person, and now her status as a war victim has been recognized," said lawyer Tomović.
Lawyer Mirjana Camović, the defendant's ex officio defense attorney, proposed that the court acquit Peković of the charges because at the time of the murder of Mujo and Emina Šabanović on June 8, 1992 in the village of Hum, he was in Plužine and had a conflict with Gojković Obren, which was confirmed by witnesses.
"All the witnesses heard are explicit in their claim that the person they name as Slobodan Ćurčić had long blond hair, was tall and had light eyes, which is diametrically opposed to the physical characteristics of the accused, which was stated in the minutes of the main trial held on September 30.09.2022, 1 and confirmed by the findings and opinion of expert witness Dr. Nemanja Radojević. The court cannot base its verdict on the testimony of witness GR because, despite stating that she had direct knowledge, she remained incomplete in part of the description of the defendant here. Also, her statements that she saw armed Serbian soldiers taking out her daughter-in-law Emina, hitting her all over her body with a shovel, pulling her by the hair, and that they dragged her unconscious to the house of her uncle Šabanović Muja, do not mean that the defendant here took any of the aforementioned actions, or even that he was in a group of masked soldiers. The evidence presented at the main trial did not prove that in During the attack on the village of Hum, the defendant was at the scene, let alone took any action to the detriment of the injured parties – Šabanović Muja and Emina. The injured party A6 describes him as a tall blond man, with long blond hair, light eyes, which contradicts the physical appearance of the defendant as already established. During the main hearing, the judgment of the Court of BiH relating to the convicted Jasko Gazdić and the judgment of the International Court relating to the convicted Dragoljub Kunarac and others were read out as evidence. However, the operative parts of these judgments do not mention the accused Slobodan Ćurčić Peković, and the court is bound only by the operative part of the final judgment, the reasoning of these judgments have no impact on the establishment of facts that would be relevant for the establishment of the factual situation. The obligation of the court to apply the principle “in dubio pro reo”, i.e. in doubt, the defendant is given a lesser charge, is an essential element of the right to a fair trial under Article XNUMX of the European Convention for the Protection of Human Rights and Fundamental Freedoms, whereby the burden of proof lies exclusively on the prosecution. "Even the slightest doubt regarding the evidence must be in favor of the accused. In this case, reasonable doubt has not been raised to the level of certainty. Considering the factual situation arising from the evidence presented at the main trial, I propose that you acquit the accused of the charges," said attorney Camović.
Defendant Slobodan Peković said in his closing argument that his conscience is clear.
"Your Honor. My conscience is clear. I didn't kill. I didn't rape. I feel sorry for those people that this happened to them. That would be all," the defendant said.
According to the indictment, on June 8, 1992, the defendant Peković killed Muj and Emina Šabanović in a military attack on the village of Hum, which belongs to the Municipality of Foča. After Emina Šabanović said that there were no weapons in the house, Peković hit her on the head several times with a wooden shovel handle, then grabbed her by the hair and dragged her to Mujo Šabanović's house, where he killed them both by shooting at them with an automatic weapon.
Their bodies were burned in the fire of Mujo Šabanović's house, which was set on fire by Peković.
According to the indictment, in early September 1992, Peković raped a woman who had been granted protected witness status.
It is added that, with several other uniformed persons, he took the protected witness - the injured party with her minor daughter and two other persons and their five children - out of the "Partizan" sports hall in Foča, allegedly with the intention of saving them, and took them to an apartment located near the then SJB in Foča, where a group of soldiers were located.
With threats, Peković and another man raped the protected witness, after which they took her out of the room.
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