Brano Džinić aka Čupo
On 23 May 2008 the Court issued a Decision on separating the case of Petar Mitrović and Others (X-KR-05/24), from now on this case will be processed under the case of Petar Mitrović (X-KR-05/24-1) for the Accused Petar Mitrović, case of Miladin Stevanović (X-KR-05/24-2) for the Accused Miladin Stevanović and case of Miloš Stupar and Others (X-KR-05/24) for the Accused Miloš Stupar, Milenko Trifunović, Brano Džinić, Aleksandar Radovanović, Slobodan Jakovljević, Velibor Maksimović, Dragiša Živanović, Branislav Medan and Milovan Matić.
On 19 Jannuary 2010 the Court issued a Decision on separating the case Stupar Miloš and Others (X-KRŽ-05/24). This case will be processed under the case Stupar Miloš (X-KRŽ-05/24-3) for Stupar Miloš and Trifunović Milenko and Others (X-KRŽ-05/24) for Trifunović Milenko, Džinić Brane, Radovanović Aleksandar, Jakovljević Slbodan, Medan Branislav, Maksimović Velibor, Živanović Dragiša and Matić Milovan.
29.07.2008. Stupar Miloš i drugi (Kravice)
09.09.2009. Stupar Miloš i drugi (Kravice)
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Factual grounds of the indictment:
According to the indictment, in the period from 10 to 19 July 1995, as knowing participants in a joint criminal enterprise, the accused committed the criminal offence of genocide. This crime was allegedly committed as part of widespread and systematic attack against the Bosniak population inside the UN protected area of Srebrenica carried out by the Republika Srpska Army (RSA) and the RS Ministry of Interior, with a common plan to annihilate in part a group of Bosniak people.
According to the indictment the accused took part in the attack in different capacities, namely:
The indictment alleges that, on 12 and 13 July 1995, the accused were deployed along the Bratunac-Milići road between the villages of Kravica and Sandići, Municipality of Bratunac, including a section of the road near the Kravica Farming Cooperative warehouse. They accused are alleged to have carried out the actions described below at this time.
The accused, it is alleged, secured and controlled the said road in accordance with a plan of forcible transfer of around 25,000 Bosniak women, children and elderly persons from the protected area of Srebrenica. According to the charges, on 13 July 1995 they conducted security operations in the form of reconnaissance and attacks using tanks and other weaponry against a column of Bosniaks in the area of Kamenica, thereby forcing Bosniak men to surrender.
On the same day, the accused allegedly conducted patrols on the road and set up ambushes to intercept the column of Bosniaks and capture men trying to reach the territory under the control of the Army of Republic of BiH. According to the indictment, the accused detained several thousand captured men in and around Sandići, Municipality of Bratunac. A number of these men were allegedly handed over to RSA soldiers who put them on trucks and transported them in an unknown direction - their whereabouts remain unknown since that time. The remaining men were transported to different locations including the Kravica Farming Cooperative warehouse.
As the indictment further alleges, more than one thousand Bosniak male prisoners were detained in the Kravica Farming Cooperative warehouse. In the early evening hours, in the presence of Miloš Stupar, these men were allegedly executed in the following manner: Milenko Trifunović, Slobodan Jakovljević, Aleksandar Radovanović, Miladin Stevanović, Petar Mitrović, Branislav Medan, Velibor Maksimović and Dragiša Živanović fired their machine guns at the prisoners; Brano Džinić threw hand grenades at them, while Milovan Matić reloaded the ammunition in the execution.
Counts in the Indictment:
All accused have been charged as accomplices with the criminal offence of Genocide in violation of Article 171 of the Criminal Code of Bosnia and Herzegovina (CC BiH).
In their capacity as commanders, Miloš Stupar and Milenko Trifunović are charged pursuant to Article 180 of CC BiH (individual criminal responsibility) because they were allegedly present on the site of a mass execution of prisoners, where they failed to intervene to protect the prisoners, and assisted and supported the perpetrators.
In the capacity of a superior officer, Milenko Trifunović is also charged for the actions of his subordinates (command responsibility) pursuant to Article 180 paragraph 2 of CC BiH since he allegedly knew, or had reason to know, that his subordinates were about to commit, or had committed, criminal acts, and he failed to take necessary and reasonable measures to prevent such acts.
The indictment also states that all the accused, together with other units of the RSA and the Republika Srpska Ministry of Interior, were members and knowing participants of a joint criminal enterprise which had the following aims:
Course of the Proceedings:
The Court confirmed the indictment on 19 December 2005.
On 3 February 2006 the accused pleaded not guilty (for the accused Miloš Stupar, Milenko Trifunović, Petar Mitrović, Aleksandar Radovanović, Slobodan Jakovljević, Miladin Stevanović and Dragiša Živanović the Court implied a not-guilty plea because they did not plead).
The main trial in this case commenced on 9 May 2006.
On the 29 July 2008 The Court of BiH announced the first instance verdicts finding seven (7) of the Accused guilty for the criminal offense of Genocide. The Court sentenced the Accused Milenko Trifunović, Brano Džinić, and Aleksandar Radovanović to forty-two (42) years long-term imprisonment, the Accused Miloš Stupar, Slobodan Jakovljević, and Branislav Medan to forty (40) years long-term imprisonment, and the Accused Petar Mitrović to thirty-eight (38) years long-term imprisonment. Four (4) Accused, Velibor Maksimović, Dragiša Živanović, Milovan Matić, and Miladin Stevanović, were acquitted of all charges.
By verdict of 9 September 2009 the Appellate Panel of the Section I for War Crimes modified the trial verdict of 29 July 2009 in its sentencing part, therefore by the second-instance verdict the accused Milenko Trifunović was sentenced to 33 years of long-term imprisonment, accused Brano Džinić to 32 years of long-term imprisonment, accused Aleksandar Radovanović to 32 years of long-term imprisonment, accused Slobodan Jakovljević to 28 years of long-term imprisonment, accused Branislav Medan to 28 years of long-term imprisonment, while acquitting first-instance verdict with regard to the accused Milovan Matić was confirmed. The trial verdict with regard to the accused Miloš Stupar was revoked and scheduled a retrial before the Appellate Panel of the Section I for War Crimes of the Court.
At its session of 22 October 2013, the Constitutional Court of BiH upheld the Appeal No. AP 4065/09 filed by Slobodan Jakovljević, Aleksandar Radovanović, Branislav Medan and Brane Đinić, who were sentenced before the Court of Bosnia and Herzegovina, found a violation of the appellants' rights as provided by Article 7(1) of the European Convention, revoked the second-instance verdict of the Court of BiH No. X-KRŽ-05/24 of 9 September 2009, and ordered the Court of Bosnia and Herzegovina “to render a new decision pursuant to Article 7(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms under expedited proceedings.” After this, on 18 November 2013, the Appellate Division of the Court of BiH rendered the Decision staying the execution of the prison sentence with respect to the following accused: Slobodan Jakovljević sentenced to 28 years of long-term imprisonment for the criminal offence of Genocide, Aleksandar Radovanović, sentenced to 32 years of long-term imprisonment for the criminal offence of Genocide, Branislav Medan sentenced to 28 years of long-term imprisonment for the criminal offence of Genocide, Brane Džinić sentenced to 32 years of long-term imprisonment for the criminal offence of Genocide and Milenko Trifunović sentenced to 33 years of long-term imprisonment for the criminal offence of Genocide. Following the revocation of the Court of BiH’s second-instance verdicts by the Constitutional Court of BiH, the statutory ground under which the convicted persons were imprisoned effectively ceased to exist.
The session of the appellate panel was held on 23 January 2014.