Cases in trial or on appeal against verdict

Factual grounds of the Indictment:

The Indictment alleges that the accused Gavrić, during the period from 10 July to 19 July 1995, as a member of the Bratunac Police Station, and since 12 July 1995 in the capacity of the Deputy Chief of Srebrenica Police Station, together with other members of the military and the Police Forces of Republika Srpska (RS), took part and assisted in the organized and systematic capture, inflicting of injuries on and execution of Bosniaks. On 12 July and 13 July 1995, together with unidentified members of the Serb Army and the RS Police Forces, in the place of Potočari where around 40 thousand Bosniak civilians took refugee, the accused Gavrić allegedly was present and assisted in the forced transportation of thousands of Bosniak civilians, women, children and elderly people who were transported to the territory controlled by the RBiH Army. At the same time, the accused Gavrić allegedly took part in separating men from a group of civilians. Some of these men have been unaccounted for ever since. The indictment further alleges that on 12 July 1995, in the town of Srebrenica, the accused participated and assisted in the forced disappearance of one Bosniak civilian, who along with 16 other Bosniak civilians was detained in a house of another civilian. As alleged in the Indictment, on the same day, the accused Gavrić, in the compound of the Battery Factory, where wounded Bosniak civilians were kept, separated and took out one civilian who was unaccounted for until the time when his body was exhumed from the mass grave in Zeleni Jadar 5, Srebrenica Municipality. Among other things, the Indictment alleges that on 12 July 1995, in the afternoon hours, together with two unidentified Serb soldiers, the accused Gavrić entered the Cinkara factory in Potočari and on two occasions took out 5 to 10 Bosniak men aged not more than 25 who have been unaccounted for ever since.

Counts of the Indictment:

Milisav Gavrić is charged with Crimes Against Humanity pursuant to Article 172(1)(h) (Persecution) of the Criminal Code of Bosnia and Herzegovina (CC BiH) in conjunction with the following items:

d)      Deportation or forcible transfer of population,
i)        Enforced disappearance of persons, and
k)      Other inhumane acts,

In conjunction with the criminal offense of Genocide pursuant to Article 171(1)(a) (Killing members of the group) and (b) (causing serious bodily or mental harm to members of the group), all in conjunction with Articles 180(1) (individual criminal responsibility), 29, and 31 of the CC BiH.

Course of the proceedings:

The Court confirmed the Indictment on 11 June 2008.