Cases in trial or on appeal against verdict

Documents 05.11.2010. Kličković Gojko and Others First instance All documents are in PDF format. In order to view them you need Adobe Acrobat reader.

Photos

CASE INFORMATION

Factual allegations in the indictment:

According to the indictment, the accused Kličković, together with other members of the SDS, in the so-called Serb Municipality of Bosanska Krupa, knowingly participated in the joint criminal enterprise which began in the summer of 1991. In the capacity of the Commander of the Crisis Staff of the Serb Municipality of Bosanska Krupa, the accused established with the use of military force the so-called Serb Municipality of Bosanska Krupa as the territory occupied only by Serbs and they were able to control all aspects of power and administration.  According to the indictment, the accused, together with other members of the SDS main board, committed persecution of Muslim population from the Municipality of Bosanska Krupa and also planned, instigated, ordered and participated in forcible transfer of population, attacks on civilians, unlawful imprisonment and detention, tortures and inhumane treatment as well as the commission of other criminal offenses.

Counts of the indictment:

Gojko Kličković is charged with:

Crimes against humanity referred to in Article 172(1)(h) (persecution) of the Criminal Code of BiH (CC BiH), in conjunction with the following items:

a)  Depriving another person of his life (murder),
d)  Deportation or forcible transfer of population,
e)  Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law,
f)   Torture,
g)  Coercing another by force or by threat of immediate attack upon his life or limb, to sexual intercourse or an equivalent sexual act (rape), and
k)  Other inhumane acts of a similar character intentionally causing great suffering or serious injury to body or to physical or mental health.

War crimes against civilians referred to in Article 173(1) of 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,
b)  Attack without selecting a target, by which civilian population is harmed,
c)  Intentional infliction of severe physical or mental pain or suffering upon a person (torture), inhuman treatment,
d)  Dislocation or displacement,
e)  Coercing another by force or by threat of immediate attack upon his life or limb, to sexual intercourse or an equivalent sexual act (rape), unlawful bringing in concentration camps and other illegal arrests and detention, deprivation of rights to fair and impartial trial, and
f)   Forced labor, pillaging, illegal and self-willed destruction and stealing on large scale of property that is not justified by military needs.

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

a)  Depriving another person of his life (murder), intentional infliction of severe physical or mental pain or suffering upon a person (torture), inhuman treatment, and
b)  Deprivation of rights to fair and impartial trial

all in conjunction with Article 180 (1)(2) (individual and command criminal responsibility) of the CC BiH.

Course of the proceedings:

The indictment was confirmed on 19 December 2007.  

On 31 January 2008,  in accordance with the law, the Court noted that the accused pleaded not guilty to all counts of the Indictment. On 31 January 2008 the Accused pleaded not guilty.

A status conference was held on 11 March 2008.

The main trial commenced on 8 May 2008.

On 5 November 2010, following the main hearing, Trial Panel of Section I for War Crimes passed a trial verdict acquitting the accused Kličković and Drljača of the charges that they committed the criminal offence of Crimes against Humanity in violation of Article 172(1)(h) as read with subparagraphs a), d), e), f), g) and k), all in conjunction with Article 180(1) of the Criminal Code of BiH. The accused Ostojić has also been acquitted of the charges of having committed the criminal offence of Crimes against Humanity in violation of Article 172(1)(h) as read with subparagraphs a), e), f) and k), in conjunction with Article 180(2) of the CC BiH.

Тhе session of the Appellate Panel was held on 22 February 2012.

The Panel of the Appellate Division of Section I for War Crimes rendered a second- instance Verdict, sent out on 11 May 2012, partially granting the Appeal by the Prosecutor's Office of BIH and annulling the Verdict of the Court of BIH dated 5 November 2010 in the part related to the Accused Gojko Kličković and Accused Mladen Drljača and ordering a re-trial before the Panel of the Appellate Division of Section I for War Crimes. The second-instance Verdict furthermore refused as unfounded the Appeal by the Prosecutor's Office of BIH in the part related to the Accused Jovan Ostojić thus confirming the first-instance Verdict in that regard.

Following the completion of the main trial, the Section I for War Crimes, the Appeals Division of the Court of BIH, pronounced on 7 May 2013 the Appeals Verdict under which the Accused Gojko Kličković and Mladen Drljača are acquitted of the charges for the Crimes against Humanity in violation of Article 172 (1) (h) of the Criminal Code of Bosnia and Herzegovina (the CC of BIH) as read with Article 180(1) of the CC of BIH.  The Accused Kličković and Drljača are acquitted of the charges because it has not been proven beyond reasonable doubt that they committed the criminal offense they were charged with.