Cases in trial or on appeal against verdict

Documents 30.04.2008. Kurtović Zijad First instance 25.03.2009. Kurtović Zijad Second instance All documents are in PDF format. In order to view them you need Adobe Acrobat reader.

actual allegations in the indictment:

According to the indictment, in the second half of 1993, during an armed conflict between Croatian Defence Counsel (HVO) and the Army BiH, in Donja Drežnica, Municipality of Mostar, as a commander of the Military police platoon within an Independent Drežnica Battalion of the 4th Army BiH Corps, Zijad Kurtović acted contrary to the provisions of the Geneva Conventions. 

The indictment inter alia alleges that on several occasions during October 1993, the Accused physically and mentally tortured detained Croatian civilians and prisoners of war in the Roman Catholic church of All Saints in Donja Drežnica.  According to the indictment, the Accused, inter alia, beat the detainees with bats, crosses and statues of Saints.  The Accused allegedly forced detainees to eat pages from the Bible and other religious books. 

In the same period, the Accused on several occasions allegedly ordered Civil Defence members to take detained Croatian civilians and prisoners of war on the frontlines between Army of BiH and the Croatian Defence Council (HVO) and to use them as human shield.

The indictment alleges that on the unknown day in October 1993, the Accused and another individual forced two detained HVO soldiers to perform an oral sexual intercourse.  The Accused and this individual, allegedly afterwards beat on of those two detainees extinguishing cigarette butts on his neck.     

The indictment alleges that, in October 1993, together with four individuals, the Accused participated in smashing of the Roman Catholic Church of All Saints interior.   

Counts in the indictment:

Zijad Kurtović is charged with the following criminal offences:

War crimes against civilians pursuant to Article 173 (1) of the Criminal Code of Bosnia and Herzegovina (CC BiH) in conjunction with the following items:

c)   intentional infliction of severe physical or mental pain or suffering upon a person (torture)
e)   coercing another by force to sexual intercourse (rape), and
f)   forced labour, starvation of the population.

War crimes against prisoners of war pursuant to Article 175 (1) of CC BiH in conjunction with the following items:

a)      intentional infliction of severe physical or mental pain or suffering upon persons (tortures) and
b)      causing of great suffering or serious injury to bodily integrity or health.

Violating the laws and practices of warfare pursuant to Article 179 (1) (2) of CC BiH in conjunction with following items:

d)      confiscation, destruction or deliberate damaging of establishments devoted to for religious purposes,

all in conjunction with Article 180 (1) (Individual criminal responsibility), Article 29, and Article 53 (1) of CC BiH.

Course of the proceedings:

The Court confirmed an indictment on 16 May 2007.  On 28 May 2007, the Accused entered a plea of not guilty.  The trial in this case started on 27 August 2007, and currently the Prosecutor’s office is presenting his evidence.  

On 30. April 2008 the Court of Bosnia and Herzegovina by first instance verdict found the defendant Zijad Kurtović guilty of the criminal offences of War Crimes against Civilians, War Crimes against Prisoners of War, and Violation of Laws and Practices of Warfare and imposed on him a compound sentence of imprisonment for a term of 11 years.

On 25 March 2009, The Appellate Panel of the Section I for War Crimes of the Court modified the first-instance Verdict in terms of the legal assessment and qualification of the offence. In that regard the Court found the accused Zijad Kurtović guilty of the criminal offence of War Crimes against Civilians and the criminal offence of Destruction of Cultural and Historic Monuments of the Criminal Code of SFRY and imposed upon him a compound sentence of 11 years of imprisonment.