Cases in trial or on appeal against verdict

X-KRŽ-05/07 - Samardžija Marko

CASE INFORMATION
The Accused

Marko Samardžija, born on 1 December 1936 in Gornja Prisjeka, Ključ, Bosnia and Herzegovina.

Marko Samardžija is in custody since 21 March 2005. The Court of BiH took over the case.  The Court confirmed the indictment on 13 September 2005.

On 3 November 2007, by first instance verdict Marko Samardžija was found guilty of Crimes against humanity and sentenced to 26 years imprisonment.

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. 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.


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

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Photos

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.




Related Press Releases

24.10.2008 - The Appellate Division Panel pronounced a verdict in the Marko Samardžija case
22.10.2008 - Pronouncement of the Verdict before the Appellate Panel in the Marko Samardžija case
15.10.2008 - Closing arguments before the Appellate Panel in the Marko Samardžija case
12.05.2008 - Commencement of the trial before the Appellate Panel in the Marko Samardžija case
03.03.2008 - Commencement of the trial before the Appellate Panel in the Marko Samardžija case
01.10.2007 - Custody terminated for Marko Samardžija
25.05.2007 - Verdict in the Marko Samardžija case revoked
26.04.2007 - Hearing before the Appellate Panel in the case of Marko Samardžija scheduled for tomorrow
03.11.2006 - Marko Samardžija convicted and sentenced to 26 years imprisonment
30.10.2006 - Verdict to be handed down in the case of Marko Samardžija
english bos hrv срп

Verdicts:
Section I   Section I for War Crimes
Section II 
Section III Section III for all other Criminal Actions from Court of BiH Jurisdiction
Administrative Division

All documents provided herein are for information only and are not to be considered as official records of the Court.