
The operative part of the Verdict inter allia included that Accused Đukić during the state of war in Bosnia and Herzegovina, in his capacity as the Commander of the Ozren Tactical Group of the Army of Republika Srpska, on 25 May 1995, ordered his unit, located in the Panjik village on the Ozren Mountain, to fire an artillery projectile at a location in the immediate centre of Tuzla known as Kapija. As a result of the projectile explosion, 71 persons were killed and approximately 130 sustained injuries. Tuzla was declared a safe area by the Resolution 824 of the United Nations Security Council of 6 May 1993. The first instance trial panel concluded that this action was a direct and indiscriminate attack on civilians in violation of international law.
The Court acquitted Novak Đukić of the charges that he on 28 May 1995 ordered the artillery platoon to shell Tuzla with 9 artillery projectiles due to insufficient evidence.
The Court rendered the Decision to extend pre-trial custody of accused Đukić, which can last until the accused is committed to serve the sentence, however no longer than the term of the pronounced sentence.
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