The accused Vuković and Tomić are found guilty because, on 12 and 13 July 1995, as members of the special police force of the 2nd Detachment of the Šekovići Special Police of the Republika Srpska MUP, at the section of the Bratunac-Konjević Polje road at Sandići, Bratunac Municipality, they participated in keeping the road passable so that Bosniaks could be transported by buses and trucks without obstruction, in securing the road, closing and opening it for traffic in line with the plan to forcibly transfer Bosniak women, children and elderly, and after they participated on 13 July 1995 in the capturing of a large number of Bosniak males who attempted to escape from the UN Safe Area, they took part in escorting a column of approximately one thousand captured Bosniaks from Sandići to the warehouse of the Kravica Farming Cooperative, knowing that they would be executed. After the captured Bosniaks were imprisoned in the warehouse, members of the 2nd Detachment started killing the captured Bosniaks from automatic weapons and by throwing hand grenades. The accused Vuković participated in the execution of the prisoners by throwing hand grenades at them, while the accused Zoran Tomić fired at them from an automatic rifle.
At the same time, the Trial Panel rendered a decision to extend custody of the Accused. Under the decision, the custody may last nine months at the longest, that is, by 22 January 2011, or until the Court issues a new decision.
A person shall be considered innocent of a crime until guilt has been established by a final Verdict. (Article 3 of the CPC BiH)
A First Instance Panel makes a decision on the basis of the evidence which was presented at the trial by the Prosecution and the Defence. The First Instance Panel does not establish the substantive truth but pronounces its Verdict based on the evidence at trial which must be established beyond a reasonable doubt in order for a guilty Verdict to occur.
This Verdict is not final. This Verdict may be appealed and an Appeal shall be reviewed by the Appellate Division of the Court. An Appeal may contain new evidence if the parties to the proceedings and the defence prove that they were not able to present it during the First Instance Proceedings.
Respect for the principle of the presumption of innocence is an integral part of the right to a fair trial. It is recommended that commentary on a First Instance Panel’s Decision not occur until a final Decision is issued. Opinions and information relating to an ongoing criminal proceeding should only be communicated or disseminated when it does not prejudice the presumption of innocence of the Suspect or the Accused. (Appendix to Recommendation Rec (2993)13 of the Committee of Ministers of the Council of Europe of 10 July 2003)
Should there be commentary on the Decision, it is recommended to obtain any needed additional information from the authorized spokesperson of the Court. It is further recommended that any commentary also include the opinions of knowledgeable legal scholars and practitioners.