Cases in trial or on appeal against verdict

Documents 03.11.2006. Samardžija Marko First instance 27.04.2007. Samardžija Marko Second instance decision revoking in part the first instance verdict 15.10.2008. Samardžija Marko Second instance All documents are in PDF format. In order to view them you need Adobe Acrobat reader.

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Factual charges in the Indictment:

It is alleged that, as part of a widespread and systematic attack against civilians on the territory of the Ključ municipality on 10 July 1992, the accused, in his capacity of commander of the 3rd company of the Sanica Battalion within the 17th Light Infantry Brigade, ordered that all Bosniak population from the settlement of Brkići leave their houses, and then separated men from women and children.

As further alleged in the Indictment, the accused ordered women to go towards the elementary school in the village of Biljani, while men over 18 and under 60 were taken to the same school, where they were first locked in the classrooms and Dom kulture facility and subsequently killed in groups of 5 to 10.  The rest of the men, as alleged in the Indictment, were clubbed and subsequently placed in buses which were used to transport the remaining civilians to the location of Lanište, and executed.

Counts of the Indictment:

The accused Samardžija Marko is charged with the criminal offenses of Crimes against Humanity referred to in Article 172 (1) of the Criminal Code of Bosnia and Herzegovina.           

Course of proceedings:

The trial commenced on 1 February 2006.  On 3 November 2006, the Court rendered the first instance verdict finding the Accused guilty of Crimes against humanity and sentenced him to 26 years imprisonment.  On 27 April 2007, the Appellate Panel rendered a decision partially upholding the appeals filed by Marko Samardžija and his defence attorney, and revoking the Trial Panel’s verdict.  This decision orders a retrial before the Appellate Panel which still has not commenced yet.

On 1 October 2007, the Court rendered a decision terminating custody and imposing restrictive measures on Marko Samardžija.  The Accused was immediately released from custody in accordance with the Court’s decision. 

Restrictive measures imposed on the Accused include the following:

• Prohibition of visiting the territory of Ključ Municipality and
• Obligation to report twice a week to the Prijedor Police station.

On 13 May 2008 the re-trial started before the Appellate Panel.

On 23 October 2008 The Appellate Panel of Section I for War Crimes of the Court rendered the second instance Verdict whereby it found the Accused Marko Samardžija guilty of imprisonment and severe deprivation of liberty as the criminal offence of Crimes Against Humanity, and it imposed on him the sentence of imprisonment for the term of seven years.