In its decision on the defense motion for acquittal, the Trial Chamber concludes that the prosecution presented enough evidence to support the majority of charges against Hadzihasanovic and Kubura, finding the accused "did not carry out their duty to prevent and punish crimes by their subordinate soldiers." This means it is now up to the defense to challenge the evidence during its case.


The Trial Chamber hearing the case of Enver Hadzihasanovic and Amir Kubura analyzed the evidence presented by the prosecution during its seven-month case and concluded that although a small number of allegations have not been proven, enough evidence was presented for most of the charges to warrant the continuation of the trial.


The defense counsel for the former BH Army 3rd Corps commander and the commander of the 7th Muslim Brigade filed a motion in early September asking the Chamber to dismiss all the counts of the indictment and end the trial before the beginning of the defense case, which is scheduled for October. In their motion, the defense counsel stated that on the basis of the evidence presented by the prosecution, it was not possible to find "beyond reasonable doubt" that the two accused were criminally responsible for the murders and mistreatment of HVO members and Croat and Serb civilians in Central Bosnia. Hadzihasanovic and Kubura are charged with command responsibility for the crimes committed by their subordinate soldiers--including the mujahedin--who, the prosecution alleges, were under their command.

The Trial Chamber concluded that concerning the majority of charges, the prosecution presented sufficient evidence that the accused "did not carry out their duty to prevent and punish the crimes of their subordinates," which means that it is now up to the defense to challenge the evidence during its case. The allegations, among others, include murders committed by the mujahedin and the murders or maltreatment of detainees in Zenica, Travnik, Kakanj and Bugojno.

In the judges' opinion, the counts where the accused are charged with criminal responsibility for murders in the villages of Dusina, Miletici and Maline have been supported; not so the allegations of "cruel treatment" in those villages. The counts charging the accused with two cases where detainees were killed and the destruction of houses in the village of Miletici have also been dismissed.

The defense case is set to begin on 18 October.

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