Cases in trial or on appeal against verdict

Documents 03.07.2009. Savić Momir First instance 19.02.2010. Savić Momir Second instance All documents are in PDF format. In order to view them you need Adobe Acrobat reader.

Factual allegations in the indictment:

According to the charges in the Indictment, the accused Savić, as a member of an undetermined paramilitary formation at the time when the Užice Corps of the former JNA launched its operations, and later as the commander of the 3rd Company of the Višegrad Brigade of the Army of Republika Srpska, during the period April through September 1992, he carried out persecution, murders, imprisonment, rapes, torture and other inhumane acts directed against Bosniak civilians in the area of Višegrad municipality. The Indictment inter alia alleges that Savić, on 29 April 1992, in a group together with several Serb soldiers, in the village of Meremišlje, took part in the interrogation and beating of 4 (four) Bosniak civilians, as well as in the plundering and burning down of the houses of 2 (two) Bosniak civilians. Further, the Indictment reads that Savić, on 23 May 1992, in a group with several other Serb soldiers, in the settlement of Drinsko, took 10 (ten) Bosniak civilians out of their houses. Afterwards, allegedly, the civilians were interrogated, beaten up and taken to the hill “Kik”, in the so-called “Pušni Do” forest, were they were deprived of their lives by the use of firearms. Further, on 25 May 1992, as stated in the Indictment, Savić, together with other Serb soldiers, participated in the beating up of captured Bosniak civilians. On the same occasion, the accused Savić, allegedly, when one civilian tried to run away, shot him from the firearms and deprived him of his life. During the period from 7 June 1992 to late September 1992, as stated in the Indictment, Savic would often come to the house of one female Bosniak, fully armed, and rape her, threatening that she must not tell anyone.

Counts of the Indictment:

The Indictment charges Momir Savić with Crimes Against Humanity under Article 172(1)(h) (persecution) of the Criminal Code of BiH (CC BiH) in conjunction with the following items:

a)      Depriving another person of his life (murder),
d)      Deportation or forcible transfer of population,
e)      Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law,
f)        Torture,
g)      Coercing another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape),
i)    Enforced disappearance of persons,
k)      Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to physical or mental health.

All in conjunction with Article 180(1)(2) (individual and command criminal responsibility) of the CC BiH.

Course of the proceedings:

The Court confirmed the Indictment on 10 March 2008.

At a plea hearing held on 19 March 2008 the Accused pleaded not guilty.

The mail trial commenced on 12 August 2008.

On 3 July 2009 the Court pronounced the first-instance Verdict, finding the Accused Momir Savić guilty of the criminal offence of Crimes against Humanity. In that regard the Court sentenced him to 18 years of imprisonment.

The session of the Appellate pannel of the Section I for War Crimes of the Court was held on 19 February 2010.  The Court dispatched the Second-instance Verdict on 17 May 201 by which the First-instance Verdict dated 3 July 2009 was modified in a way that the accused Momir Savić was acquitted of charge that he committed the criminal offence in violation of Article 172(1) item h) in conjunction with item g) of the CC BiH. The First-instance Verdict was modified in its convincting part as well in a way that the accused Savić was found guilty of the criminal offence of Crimes against Humanity in violation of Article 172(1) item h) in conjunction with items a), d), e), f) i) and k) of the CC BiH and sentenced to 17 years of imprisonment.