here - Humanitarian Law Center/Fond za humanitarno pravo

Witness Asija Popović spoke about facts and circumstances which have become common
knowledge – that the event in Tuzla occurred on 15 May 1992, when during the withdrawal of a
JNA convoy some soldiers were killed or wounded. On the day in question she was at the outpatient
clinic in Požarnica, which received numerous wounded and killed JNA soldiers. She also
spoke about the prevailing atmosphere in Tuzla right before the event.
Other witnesses questioned during the retrial had been direct participants in the event which is the
subject of these criminal proceedings. The Court of Appeal found that their testimonies
regarding decisive facts were entirely at odds with each other, as was indicated by the Court of
Appeal. Witnesses’ statements contradicted each other in respect of the existence of an agreement
on peaceful withdrawal of the JNA from the territory of BiH, and an agreement concluded
between Mile Dubajić and senior officials of Tuzla’s government on withdrawal of the JNA. For
example, witness Ugo Nonković, a JNA officer at the time, stated that on 15 May 1992 Mile
Dubajić and the local authorities of Tuzla concluded an agreement on the withdrawal of the JNA,
which did not specify the date of withdrawal. The witness emphasized that he was present when
the agreement was being made, and that JNA members were fully confident that it would be kept.
Other witnesses said they were not aware of the existence of either the agreement on peaceful
withdrawal of the JNA from the territory of BiH nor the agreement concluded between Mile
Dubajić, commander of the ‘Husinska buna’ barracks, and the authorities of Tuzla on a JNA
withdrawal.
Witnesses’ also gave contrasting statements about the amount of time that elapsed between the
firing of the first shot and Ilija Jurišić’s words: “Respond to fire with fire.” Their estimates range
from just a few moments to a couple of minutes, to even 20 minutes, according to the testimony
of witness Nikola Slavuljica. These differences are not necessarily a consequence of malicious
intent on the part of the witnesses, but may have to do with the fact that 20 years have passed
since the event in question, as well with different understanding and perception of the witnesses.
For example, witness Benjamin Fišeković, a police officer with the SJB in Tuzla at the time of
the incident, stated that he heard shots after crossing the intersection, when some 150-200 meters
past the intersection. Blagoje Stankić, also a police officer at SJB Tuzla, who was driving the car
carrying Fišeković, said they had rolled down a window after which they heard gunfire more
clearly from somewhere behind them. They turned up the radio receiver and heard someone
reporting: “We are being shot at.” Then they heard the same cry once again, immediately
followed by the instruction “Respond to the fire!”
Witness Niko Jurić, who on 15 May 1992 was serving as commander of the 2nd manoeuvring
unit of the Tuzla police department and was on the route used by the JNA convoy for its
withdrawal, said that after five of six vehicles of the second element of the convoy had passed the
intersection, he heard Ivica Divković, commander of the 1 st manoeuvring unit announcing:
“Watch out, they’re shooting.” According to Divković, they opened fire from an army truck.
Shortly afterwards he heard the same information from Selim Šabanović and then from Ekrem
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