Cases in trial or on appeal against verdict

X-KRŽ-05/58 - Mandić Momčilo

CASE INFORMATION
The Accused

Momčilo Mandić

The accused has been in custody since 19 August 2005.  The indictment was confirmed on 17 July 2006.

On 18. July 2007  by first instance verdict Momčilo Mandić was acquitted of Crimes against humanity and War crimes against civilians.

The Court having reviewed the Appeal by the Prosecutor's Office of BiH and the responses to the Appeal at a session of the Panel of the Appellate Division held on 1 September 2009, rendered the Second Instance Verdict refusing the Appeal by the Prosecutor's Office as unfounded and upholding the First Instance Verdict dated 18 July 2007. By the First Instance Verdict Momčilo Mandić was acquitted of the charges that he committed the criminal offenses of War Crimes against Civilians and Crimes against Humanity.

Second Instance Verdict dated 1.09.2009

Decission on correction of the Second instance verdict

The corrected version of the Verdict will be placed under the section "Documents".


Documents
18.07.2007. Mandić Momčilo
First instance

01.09.2009. Mandić Momčilo
Second instance

All documents are in PDF format. In order to view them you need Adobe Acrobat reader.


Factual allegations in the indictment:

According to the indictment, on 6 April 1992, in the capacity of Assistant Minister of the Interior of the so-called Serb Republic of Bosnia and Herzegovina (BiH), Momčilo Mandić directed an attack against the Training Centre for Personnel of the RBiH Ministry of Interior.  It is alleged that, after the attack and surrender of the Centre, all the management and teaching staff of Bosniak and Croat ethnicities were taken to the Vrace Community Centre.  One group was allegedly taken to Pale where they were subjected to interrogation and then imprisoned, physically abused and mistreated until 10 April 1992 when they were exchanged and taken back to Sarajevo.  By leading the attack and taking part in it, the accused, inter alia, allegedly planned, instigated, ordered and aided the unlawful confinement and inhumane treatment of civilians.   

The indictment further alleges that, in the capacity of Minister of Justice of the so-called Serb Republic of BiH, Momčilo Mandić was solely responsible for the functioning of all penal-correctional institutions operating in the Serb Republic of BiH and was an immediate superior of all the management and staff in those institutions.  According to the indictment the accused is responsible for alleged crimes that occurred in the „Butmir“ Penal-Correctional Institution in Ilidža and the Vogošća branch of that institution, as well as the crimes allegedly committed in the „Foča“ Penal-Correctional Institution.  In this manner, the accused, inter alia, allegedly planned and ordered the persecution of non-Serb civilians on political, national, ethnic and religious grounds (killing, inhumane treatment, unlawful confinement, forced labour and other illegal actions).  Further, as a superior and person in charge he allegedly failed to take necessary and reasonable measures to prevent the commission of aforementioned acts and punish the perpetrators thereof. 

Counts in the indictment:

Momčilo Mandić is charged with the criminal offenses of:

  • War crimes against civilians in violation of Article 173 of the Criminal Code (CC) of BiH in conjunction with items c) and e) in conjunction with Article 180 of CC BiH;
  • Crimes against humanity in violation of Article 172 of CC BiH, paragraph 1, item h) of CC BiH in conjunction with items a), e), f), i) and k) of the same Article, all in conjunction with Article 180, paragraphs 1 and 2.

Course of the proceedings:

The Court confirmed the indictment on 17 July 2006.  At a plea hearing held on 25 July 2006, the Accused pleaded not guilty.  The trial commenced on 6 November 2006.  On 18 July 2007 the Court rendered the first instance verdict acquitting Momčilo Mandić of Crimes against humanity and War crimes against civilians.  Momčilo Mandić is currently doing his five year imprisonment sentence in accordance with the decision of the Appellate Panel of Section II for Organised Crime, Economic Crime, and Corruption dated 29 March 2007.

The Court having reviewed the Appeal by the Prosecutor's Office of BiH and the responses to the Appeal at a session of the Panel of the Appellate Division held on 1 September 2009, rendered the Second Instance Verdict refusing the Appeal by the Prosecutor's Office as unfounded and upholding the First Instance Verdict dated 18 July 2007. By the First Instance Verdict Momčilo Mandić was acquitted of the charges that he committed the criminal offenses of War Crimes against Civilians and Crimes against Humanity.




Related Press Releases

04.02.2010 - First Instance Verdict in Momčilo Mandić Case Upheld
09.06.2009 - Hearing before the Appellate Panel scheduled in the Momčilo Mandić case
18.07.2007 - Momčilo Mandić acquitted of all charges
17.07.2007 - Verdict to be handed down tomorrow in the case of Momčilo Mandić
03.11.2006 - Commencement of the trial in the Momčilo Mandić Case Scheduled
20.09.2006 - Status conference in the Momčilo Mandić case
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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.