Cases in trial or on appeal against verdict

Documents 12.06.2009. Đukić Novak First 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 during the state of war in Bosnia and Herzegovina, on 25 May 1995, in the capacity of Commander of the Tactic group Ozren of the Army of Republika Srpska, the accused Novak Đukić ordered his units located on Cerovo Brdo, Panjik village on the Ozren mountain, to fire an artillery missile at a location in the centre of Tuzla known as „Kapija.“ As a result of the missile explosion, 71 persons were killed and approximately 140 sustained injuries. Tuzla was declared a safe zone by a Resolution of the United Nations Security Council issued on 6 May 1993.

Counts of the indictment:

Novak Đukić is charged with War Crimes against Civilians referred to in Article 173(1) of the Criminal Code of Bosnia and Herzegovina (CC BiH) in conjunction with the following items:

a)  Attack on civilian population, settlement, individual civilians or persons unable to fight, which results in the death, grave bodily  injuries or serious damaging of people’s health, and

b)  Attack without selecting a target, by which civilian population is harmed,

in conjunction with Article 180(1) of CC BiH (individual criminal responsibility).

Course of the proceedings:

The indictment was confirmed on 4 January 2007.  

At a plea hearing held on 14 January 2008, the Accused pleaded not guilty to all counts of Indictment. 

The main trial started on 11 March 2008.

On June 12, 2009, the Court pronounced the first-instance, by which Accused Đukić was found guilty of the criminal offence of War Crimes against Civilians. In that regard the Court sentenced him to 25 years of long-term imprisonment.

The session of the Appellate Panel of Section I for War Crimes of the Court BiH was held on 6 April 2010.