13.07.2015 Views

Untitled

Untitled

Untitled

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Humanitarian Law Centerthought she had seen the defendant when he had told them to go out intothe street, and later on to return to the garden, and then levelled his rifle atthem and then leaned toward their mother whereupon the underage Lirrielost consciousness. Plaintiff Jehona said that the defendant paced upand down all the time, and noticed him the second time when he shot ather mother. The underage plaintiff, Fatos Bogujevci, thinks that defendantSaša Cvjetan might be the top man, as he was issuing commands and wastalking about something all the time. Plaintiff Saranda Bogujevci statedthat the defendant reminded her of someone who had been at the sceneof the crime.The fact is that all the plaintiffs, at the time of identification, picked the defendantfrom a five-person lineup. The fact is, also, that they were not surein their description of the event and the behaviour of the defendant. Theplaintiffs could not say with any degree of certainty that Saša Cvjetan hadbeen one of the persons who had shot at them.Such uncertainties in the statements of the plaintiffs are completely logicaland explainable. One must bear in mind the age of the plaintiffs who,at the time of the event had been children and, in particular, the nature ofthe circumstances of the event which must have influenced their capabilityto remember the details. First of all, in the courtyard there had come, inthe words of the plaintiffs, almost 20 uniformed persons, and all the uniformswere the same - green battle fatigues. Only one of those persons hada helmet on his head, and that persons was not Saša Cvjetan, while otherwere either hatless or had baseball caps on their heads. The defendantdid not have any characteristic details that might have set him apart fromthe group of the uniformed persons, which might be remembered and laterdescribed.One must bear in mind, in particular, the situation the plaintiffs had described- and remembered. This is the situation where, before the very eyesof the children, the witnesses, their mother Shefkate was shot at and, whenthey moved toward her, she was shot at again, and afterward they wereall shot at. A situation like this had left not only physical consequences, affectingthe health and bodily integrity of the children, but must have alsoleft psychological traumas. Although the underage plaintiffs have patiently,convincingly and surely, without being pathetic, described the events300

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!