Cases in trial or on appeal against verdict

S1 1 K 005207 Kžk - Kličković Gojko and Others

CASE INFORMATION
The Accused

X-KR-06/213

Gojko Kličković

Jovan Ostojić

Mladen Drljača

On 22 April 2008 the Court issued a Decision on joining the cases of Gojko Kličković (X-KR-06/213) and Jovan Ostojić (X-KR-08/504), from now on the case will be processed under the case number of Gojko Kličković and Another (X-KR-06/213).

Jovan Ostojić case

On 23 April 2008 the Court issued a Decision on joining the cases of Gojko Kličković (X-KR-06/213) and Maden Drljača (X-KR-08/503), from now on the case will be processed under the case number of Gojko Kličković and Another (X-KR-06/213).

Mladen Drljača case

On 21 June 2007, the Court of Bosnia and Herzegovina (BiH) issued a decision ordering custody to the accused Gojko Kličković. During the regular review of justification of custody, the Court of Bosnia and Herzegovina on 9 April 2010 granted the motion filed by the Defence Counsel of the accused Gojko Kličković and issued a Decision accepting the proposed bail in the amount of BAM 216,730.60. By the same Decision, the Court also imposed the prohibiting measures on the accused Kličković. On 4 March 2008, the Court of Bosnia and Herzegovina (BiH) issued a decision ordering custody of Mladen Drljača. On 19 August 2008 the Court issued a Decision in the Gojko Kličković (X-KR-06/213) case granting the motion by the Defense for the Accused Mladen Drljača and accepting the offered bail in the amount of BAM 165,000.00. The Court rendered a decision terminating the custody of the accused Mladen Drljača and imposing on him the prohibitive measures.  The prohibitive measures imposed on both accused were terminated on 5. november 2010.

 


Documents
05.11.2010. Kličković Gojko and Others
First instance

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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. 

 




Related Press Releases

09.05.2013 - Gojko Kličković and Mladen Drljača aquitted under the final and binding Verdict
06.05.2013 - Appeals Verdict to be handed down in the case v. Gojko Kličković et al.
22.06.2012 - Status conference in the case v. Gojko Kličković et al.
31.05.2012 - Commencement of trial before the Appellate Panel in the case v. Gojko Kličković et al.
14.05.2012 - Second-Instance Verdict in the case v. Gojko Kličković et al. sent out
21.02.2012 - Public session of the Appellate Panel in the case v. Gojko Kličković et al.
05.11.2010 - Gojko Kličković, Mladen Drljača and Jovan Ostojić acquitted of charges
04.11.2010 - Pronouncement of the Verdict in the Gojko Kličković et al. case
11.10.2010 - Defence closing argument in the Gojko Kličković et al. case
04.10.2010 - Prosecution closing argument in the Gojko Kličković et al. case
12.04.2010 - Custody of Gojko Kličković terminated and bail granted
21.04.2008 - Commencement of trial scheduled in the Gojko Kličković case
04.04.2008 - Status conference scheduled in the Gojko Kličković case
10.03.2008 - Status conference scheduled in the Gojko Kličković case
31.01.2008 - The Court noted for the record a plea of not guilty for Gojko Kličković
30.01.2008 - Plea hearing scheduled in the Gojko Kličković case
11.01.2008 - Plea hearing adjourned in the Gojko Kličković case
10.01.2008 - Plea hearing scheduled in the Gojko Kličković case
03.01.2008 - Plea hearing scheduled in the Gojko Kličković case
19.12.2007 - Indictment confirmed in the Gojko Kličković case
22.06.2007 - Custody ordered for Gojko Kličković
20.06.2007 - Gojko Kličković extradited to Bosnia and Herzegovina
english bos hrv срп

Verdicts:
Section I   Section I for War Crimes
Section II 
Section III Section III for all other Criminal Actions from Court of BiH Jurisdiction
Administrative Division
All documents provided herein are for information only and are not to be considered as official records of the Court.