Cases in trial or on appeal against verdict

S1 1 K 014263 13 Krž (X-KRŽ-05/24) - Jakovljević Slobodan et al.

CASE INFORMATION
The Accused

Milenko Trifunović

Brano Džinić aka Čupo

Aleksandar Radovanović

Slobodan Jakovljević

Velibor Maksimović

Dragiša Živanović

Branislav Medan

Milovan Matić

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.

Petar Mitrović Case

Miladin Stevanović Case

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. 

Stupar Miloš Case

 


Documents
29.07.2008. Stupar Miloš i drugi (Kravice)
First instance

09.09.2009. Stupar Miloš i drugi (Kravice)
Second instance

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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:

  • Miloš Stupar as commander of the 2nd Special Police Šekovići Squad
  • Milenko Trifunović as commander of the 3rd  „Skelani“ Platoon, part of the 2nd Special Police Šekovići Squad
  • Brano Džinić as a special police force officer of the 2nd Special Police Šekovići Squad
  • Milovan Matić as a member of RSA
  • The remaining accused as special police force members of the 3rd „Skelani“ Platoon.

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:

  • to forcibly transfer women and children from the Srebrenica enclave to Kladanj, and
  • to capture, detain, summarily execute by shooting, and bury men and boys aged between the ages of 16 and 60.

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.

 

 




Related Press Releases

22.01.2014 - Public session in the case v. Slobodan Jakovljević et al.
03.03.2010 - Commencement of trial before the Appellate Panel scheduled in the Miloš Stupar case
27.10.2009 - Appellate Panel delivers verdict in the Miloš Stupar et al. case
07.09.2009 - Hearing before the Appellate Panel scheduled in the Miloš Stupar et al. case
29.07.2008 - Verdicts Announced in the cases against Miloš Stupar et al., Petar Mitrović and Miladin Stevanović (Kravica Cases)
28.07.2008 - Pronouncement of the verdict scheduled in the Miloš Stupar et al. case, the Petar Mitrović case and the Miladin Stevanović case
09.07.2008 - Closing arguments in the Miloš Stupar and Others (Kravice) case
12.05.2008 - The Court of BiH requested that Radislav Krstić be sanctioned for his refusal to testify in a case pending before the Court of BiH
24.04.2008 - The Kingdom of Norway called upon to sanction the witnesses who unjustifiably refused to testify in the proceedings before the Court of BiH
08.05.2006 - Commencment of trial in the „Kravice“ case
03.05.2006 - Commencment of trial in the "Kravice" case postponed
10.03.2006 - Scheduled commencement of the main trial in the „Kravice“ case
09.03.2006 - Status conference in the „Kravice“ case
03.02.2006 - Plea hearing in the Mitrović and others case ("Kravice")
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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.