On November 3, 2009 the Court issued a Decision to join the cases of Saša Zečević and Another (X-KR-09/741) and Petar Čivčić et al. (X-KR-09/722), so that in the future these two cases in relation to the accused in both cases: Saša Zečević, Radoslav Knežević, Petar Čivčić, Branko Topola and Marinko Ljepoja, will be registered under the single case number Saša Zečević et al. (X-KR-09/741).
On 8 September 2009 the Court of Bosnia and Herzegovina (BiH) issued a Decision ordering Marinko Ljepoja into custody.
On 28 August 2009, the Court of Bosnia and Herzegovina (BiH) issued a Decision ordering Petrar Čivčić and Branko Topola into custody. On 28 June 2012 , the Court rendered a decision terminating the custody of the accused Petar Čivčić and Branko Topola.
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Factual allegations in the Indictment:
As alleged in the Indictment, the accused Petar Čivčić, in the capacity of Commander of the First Intervention Platoon of the Police Station of Prijedor, Marinko Ljepoja as a member of the aforementioned Intervention Platoon, and Branko Topola as a Guard at the Detention Camp of Trnopolje, together with other Territorial Defence members, committed, participated and aided in the organization and escort of a convoy of around 1,200 civilians, mainly Muslims, but also some Croats. The accused Marinko Ljepoja and Branko Topola, together with other members of the First Intervention Police Platoon, when the convoy stopped at the location of the Vlašić mountain, allegedly selected more than 200 able-bodied men, knowing that they would be killed. The selected men were taken to the place known as Korićanske stijene, brought to the edge of the road, above the abyss, which is when the accused Marinko Ljepoja and Branko Topola, allegedly with the other members of the First Intervention Police Platoon, started shooting from fire-arms into the lined-up civilians, and by so doing killed over 200 men-civilians.
By their alleged participation in the forcible transfer of the Bosniak and Croat civilian population from the territories controlled by the Serb authorities, the Accused committed the criminal offences of killing, forcible transfer, inhumane treatment, while the Accused Petar Čivčić, as a Superior Officer, allegedly failed to undertake the necessary and reasonable measures to prevent the perpetration of the aforementioned offences and to punish the perpetrators.
Counts of the Indictment:
Petar Čivčić, Branko Topola and Marinko Ljepoja are charged with the following:
Crimes against Humanity pursuant to Article 172(1)(h) (Persecution) of the Criminal Code of BiH (CC BiH), in conjunction with the following sub-paragraphs:
a) Depriving another person of his life (murder),
d) Forcible transfer of population,
e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law, and
k) Other inhumane acts of a similar character intentionally causing great suffering or serious injury to body or to physical or mental health.
All in conjunction with Article 180(1) (individual criminal responsibility) of the CC BiH, and in relation to the Accused Petar Čivčić also in conjunction with Article 180(2) (command criminal responsibility) of the CC BiH.
Course of the proceedings:
The Indictment was confirmed on 22 September 2009.
On 27 October 2009, at the plea hearing before the Section I for War Crimes of the Court, all the accused pleaded not guilty.
On 3 November 2009, this case is merged with the case Saša Zečević et al.