Cases in trial or on appeal against verdict

Documents 30.05.2008. Mejakić Željko and others First instance 16.02.2009. Mejakić Željko and others Second instance All documents are in PDF format. In order to view them you need Adobe Acrobat reader.

Factual allegations in the indictment:

The indictment alleges that the accused directly participated in mistreatments and persecutions of the non-Serb civilian population of the Prijedor municipality between 30 April and the end of 1992.  It is alleged that more than 7,000 non-Serb civilians were systematically captured, taken and arbitrarily confined at Omarska, Keraterm and Trnopolje camps in accordance with a plan for the permanent removal of the non-Serb population.   The detainees were allegedly held in inhumane conditions and subjected to grave physical, psychological and sexual mistreatment.

According to the indictment, between 24 May and 30 August 1992 Željko Mejakić was the Chief of Security and de facto Camp Commander of Omarska Camp.  He was allegedly the supervisor and person responsible for all three shifts of guards in the camp, as well as the lives of more than 3,000 detained civilians.  The indictment charges Željko Mejakić with responsibility for, inter alia, the events that allegedly took place in mid June 1992 when camp guards and visitors severely beat six detainees.  As a result of beating, it is alleged, one person died and another sustained a knife wound and a fracture to the skull.

According to the indictment, between 24 May and 30 August 1992, Momčilo Gruban was a commander of one of three guard shifts at the Omarska camp.  The indictment alleges that he is responsible, inter alia, for the events that occurred in June 1992 when a group of camp guards and visitors beat four prisoners to death.  In this way, the accused allegedly furthered the functioning of the camp’s system of mistreatment and persecution of detainees.    

The indictment further alleges that between 24 May and 30 August 1992, Duško Knežević, who held no official position at Omarska and Keraterm, regularly entered the camps at will and unhindered, thereafter committing killings and beatings of detainees.  It is, inter alia, alleged that, at the beginning of July 1992, together with four other persons, Duško Knežević severely beat a detainee using bats.

Dušan Fuštar was allegedly the commander of one of three guard shifts in the Keraterm camp between 24 May and 30 August 1992.  The indictment inter alia alleges that he participated in the selection of approximately 20 male detainees who were taken from the Keraterm camp and shot dead.

Charges in the indictment:

Željko Mejakić and Momčilo Gruban are charged with the criminal offense of Crimes against humanity pursuant to Article 172 of the Criminal Code of Bosnia and Herzegovina (CC BiH) in conjunction with the following items of that Article:

a)      depriving another person of his life (murder);
e)      imprisonment;
f)       torture;
g)      sexual violence;
k)      other inhumane acts; and
h)      persecution,

in conjunction with Articles 29 and 180(1) and (2) of CC BiH.

Duško Knežević is charged with the criminal offense of Crimes against humanity pursuant to Article 172 of CC BiH in conjunction with the following items of that Article:

a)      depriving another person of his life (murder);
f)       torture;
k)      other inhumane acts;
g)      sexual violence; and
h)      persecution,

in conjunction with Articles 29 and 180(1) of CC BiH.

Dušan Fuštar is charged with the criminal offense of Crimes against humanity pursuant to Article 172 of CC BiH in conjunction with the following items of that Article:

a)      depriving another person of his life (murder);
e)      imprisonment;
f)       torture;
k)      other inhumane acts; and
h)      persecution,

in conjunction with Article 29 and Article 180(1) and (2) of CC BiH.

Course of the proceedings:

The indictment was accepted / confirmed on 14 July 2006.  At a plea hearing held on 28 July 2006 the Accused pleaded not guilty.  The main trial commenced on 20 December 2006.  The Prosecutor’s Office is currently presenting its evidence. The Defence is currently presenting its evidence.

On 17 April 2008, The Court issued a Decision on case separation case. From now on the case against Accused Željko Mejakić, Momčilo Gruban and Duško Kneževićwill be processed under the case number Željko Mejakić and Others (X-KR-06/200) and the case against Accused Dušan Fuštar will be processed under the case number Dušan Fuštar (X-KR-06/200-1).

Following deliberation and acceptance of the Plea Agreement entered between the BiH Prosecutor’s Office and the accused Dušan Fuštar, the Court of Bosnia and Herzegovina passed on 22 April 2008 the Verdict finding Dušan Fuštar guilty of the Crimes against Humanity and sentenced him to 9 (nine) years of imprisonment.

On 30 May 2008, the Court rendered the first instance vedrict finding Željko Mejakić guilty for the criminal offense of Crimes against Humanity and sentenced him to the long-term imprisonment of 21 years, Momčilo Gruban guilty of the criminal offence of Crimes against Humanity and sentenced him to 11 years of imprisonment, Duško Knežević guilty of the criminal offence of Crimes against Humanity and sentenced him to a long-term imprisonment of 31 years.

Following a public session held on 16 February 2009, the Appellate Division of the Court of Bosnia and Herzegovina handed down the Second Instance Verdict partially granting the appeals filed by the Defense Counsel for the accused Željko Mejakić, Momčilo Gruban and Duško Knežević, and modifying the Court of BiH Verdict of 30 May 2008 with respect to the legal qualification of the criminal offense. With respect to the sentencing, the Court of BiH confirmed the punishment of long-term imprisonment for the duration of 21 years for Željko Mejakić and 31 years for Duško Knežević, whereas Momčilo Gruban´s sentence was reduced to seven years from the previously pronounced 11 years, taking into consideration testimonies of numerous witnesses who spoke about the help given to them by Gruban.