Court Urged to Convict Bosnian Army Ex-Soldiers of Rape

Prosecutor Marijana Cobovic told the appeals chamber of the Bosnian state court in Sarajevo on Wednesday that it had been proved during the retrial that Samir Kesmer and Mirsad Menzilovic raped an underage girl in Sarajevo in May 1993.

"The injured party said at the main trial that she had been raped multiple times by the defendants," Cobovic said.

She added that the witness said that she had reported the crime in 1993 and had seen a gynaecologist.

The retrial of Kesmer and Menzilovic was held after the appeals chamber quashed last July's first-instance verdict, under which the former Bosnian Army soldiers were convicted and sentenced to five years each.

Another man, Elvir Muminovic, was sentenced to six years under the same verdict, but his case was separated from the others after he absconded.

The defence argued that the prosecution had not proved the allegations in the indictment, and demanded an acquittal for both men.

Defence lawyer Senad Dupovac, who represents Kesmer, said that the victim's statements and testimony contained contradictory and incorrect allegations in them.

"She did not mention having been hit with a handgun in any of her statements given in 1993," Dupovac said, adding that other witnesses did not notice any of her injuries.

The defence also said that an investigation of the defendants was conducted during the war, but was discontinued due to lack of evidence.

Menzilovic's lawyer Rusmir Karkin argued that no other witness could confirm the victim's testimony, and that all the other evidence was indirect and based on "hearsay".

Defendant Menzilovic also addressed the court.

"I insist I am not guilty," he said.

The verdict will be handed down on July 5.