Concurrently, the Trial Panel acquitted the accused Neđo Ikonić and Goran Marković of the charges for the criminal offense of Genocide in violation of 171(a) and (b) of the CC of BiH.
The accused Jević and Đurić have been found guilty because between 12 and 19 July 1995 Duško Jević, as Assistant Commander of the Special Police Brigade of the MUP RS (SBP) and Commander of the Jahorina Training Center of the Special Police Brigade and Mendeljev Đurić, as Commander of the 1st Company, willingly aided members of the joint criminal enterprise including some VRS Main Staff officers, and senior VRS security officers, and other members of the military and civilian leadership of Republika Srpska, who acted with the intention to exterminate in part group of Bosniak people forcibly transferring around 40,000 women, children and elderly men and summarily executing between 7,000 to 8,000 Bosniak men. Aware that the forcible transfer of population was being carried out and that Bosniak men would be summarily executed, the accused Jević and Đurić ordered members of the 1st Company to take part in the forcible transfer of Bosniak civilians from Potočari, separation of able-bodied men, their incarceration and detention in the so-called White House, as a provisional detention facility, and in the subsequent mass killings of the captured Bosniak men in the Kravica Farming Cooperative warehouse.
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.