By the First Instance Verdict of the Court of Bosnia and Herzegovina number X-KR-05/24 of 29 July 2008, the Accused Miloš Stupar was found guilty of the criminal offence of Genocide under Article 171 (a) in conjunction with Article 180 (2) CC BiH.
The Appellate Panel reviewed the appellate claim of essential violation of the criminal procedure pursuant to Article 297 (1) (k) CPC BiH submitted by the defense for the Accused Miloš Stupar because, according to the defense, the operative provision of the First Instance Verdict was incomprehensible and contradicted the reasons of the Verdict. The Appellate Panel found the appeal to be founded and that the procedural violation raised doubts as to whether the facts pertaining to the Accused Stupar were accurately established.
Therefore, the Appellate Panel upheld the appeal of the defense for the Accused Miloš Stupar and revoked the First Instance Verdict in the part pertaining to the Accused Stupar. A retrial before the Panel of the Appellate Division of the Section I of the Court of Bosnia and Herzegovina was ordered.
The Accused Stupar was charged that acting as the Commander of the 2nd Šekovići Detachment of the Special Police, whose members, together with the Army of Republika Srpska and the Ministry of the Interior of Republika Srpska, launched a widespread and systematic attack against the members of the Bosniak people in the UN safe area of Srebrenica during the time period between 10 July and 19 July 1995, with the common plan to destroy in part the group of Bosniak people, knowing that his subordinates were about to commit a criminal offence, he failed to take the necessary and reasonable measures to prevent them from doing so, and following the perpetration of the offence he failed to take the necessary steps to punish them.