Cases in trial or on appeal against verdict

Documents 19.09.2007. Lučić Krešo First instance 03.04.2008. Lučić Krešo Second instance decision on revocation of the first instance verdict 16.12.2008. Lučić Krešo Second instance All documents are in PDF format. In order to view them you need Adobe Acrobat reader.

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Factual allegations in the indictment:

The indictment alleges that, in the period between April and late September 1993, Krešo Lučić participated in a widespread or systematic attack of the army and military police of the Croatian Defence Council (HVO) aimed against the Bosniak civilian population of the Kreševo Municipality.  According to the indictment, acting as a commander of the HVO Military Police in Kreševo, the Accused, inter alia, participated in the imprisonment and torture of Bosniak civilians. 

The indictment, inter alia, alleges that during June and July 1993, together with members of the Kreševo Military Police, the Accused ordered and participated in the imprisonment of Bosniak civilians from Kreševo and the villages of Rakova Noga, Crnići, Bjelovići, Bukve and Ramići.  The Accused allegedly ordered the imprisonment of these civilians in the premises of the Ivo Lola Ribar Elementary School and in the Šunje warehouse in Kreševo.  According to the indictment, during their captivity the detainees did not have sufficient food, water or medical assistance, and were taken to perform forced labour on a daily basis.

The indictment further alleges that during June and July 1993, Krešo Lučić tortured detained Bosniaks from the Šunje camp in the Kreševo Military Police Headquarters.  The Accused allegedly punched, kicked and beat the prisoners with a wooden bat all over their bodies.  The indictment further alleges that he ordered his subordinate military police officers to mistreat the prisoners.  

Charges in the indictment:

Krešo Lučić is charged with Crimes against humanity pursuant to Article 172 of the Criminal Code of Bosnia and Herzegovina (CC BiH) in conjunction with Articles 180(1) (individual criminal responsibility) and 29 (accomplices) of CC BiH and the following items:

• imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law
• torture, and
• other inhumane acts.

Course of the proceedings:

The Court ordered custody to the Accused on 27 April 2006.  The indictment was confirmed on 26 October 2006.  On 3 November 2006, the Accused pleaded not guilty.

On 19 January 2007 the Court issued an order pursuant to which the Accused is to be released from custody on bail in the amount of not less than KM 200,000.00, and subject to compliance with restrictive measures.

The trial commenced on 14 February 2007.  On 19 September 2007 the Trial Panel handed down the first instance verdict finding Krešo Lučić guilty of Crimes against humanity and sentencing him to six years imprisonment.

The Appelate pannel of the Section I for War Crimes, on 3 April 2008 issued a decission revoking the Trial Panel's verdict, and orderin retrial before the Appelate Pannel. The trial before the Appelate pannel commenced on 16 September 2008.

On 16 December 2008 the Appellate Panel of the Section I for War Crimes of the Court handed down the Verdict acquitting the Accused Krešo Lučić of charges that he committed criminal offence of Crimes against Humanity.