Writ of summons - Van Diepen Van der Kroef

- Mrs Ramiza Gurdić- Mrs Mila Hasanović- Mrs Kada Hotić- Mrs Šuhreta Mujić- Plaintiff No. 7- Mrs Zumra Šehomerović- Mrs Munira Subašić- Plaintiff No. 10- Mrs Sabra Kolenović467. The statements of these persons, which have been entered in the proceedings as Exhibits1 through 11, show the facts that these persons can attest to (the proof of which factsPlaintiff offers). The names of those persons mentioned who can be heard for theprovision of oral evidence is not exhaustive. If necessary, there are thousands of womenwho can testify and who can confirm the facts put forward in this writ of summons. It isinherent in the present case that virtually all the witnesses are also victims because theylost someone in the events attending the fall of the Safe Area. That does not apply forthe witness, Mrs Sabra Kolenović, who was ‘merely’ driven from hearth and home andill-treated by Bosnian Serbs.Moreover, Plaintiff offers to prove all other facts stated by her. In order to keep theextent of this somewhat within limits it is not offered to prove each fact separately.Plaintiff expressly offers, however, to deliver that proof in part through oral evidence,more particularly by the examination of each of the above persons. In formulating aspecific and relevant offer to provide oral evidence Plaintiff has encountered theproblem that Plaintiff does not know the names and addresses of the Dutchbat soldiersconcerned. Those names have not been released by the State of the Netherlands and theNIOD. Plaintiff petitions the Court to assist Plaintiff in this evidentiary problem and ifnecessary to reverse the burden of proof where oral evidence should originate fromDutchbat soldiers. The same applies to the documents that the State of the Netherlandsand the UN do not wish to produce on the grounds that they have been classified assecret.© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com194