S1 1 K 038748 21 Kri Ćulibrk Dušan

Prosecutor's number: Т 20 0 КТРЗ 0017499 19

Number of parties: 1

Prosecutor: Sedin Idrizović

Preliminary Hearing Judge: Darko Samardžić

Confirmation date: 11.01.2021.



Department: Section I


The factual substrate of the indictment:

The accused Dušan Ćulibrk is charged with the criminal offense of War Crime against the Civilian Population under Article 142(1) of the Criminal Code of the Socialist Federal Republic of Yugoslavia, as read with Article 22 thereof.


Defendant: Dušan Ćulibrk
Judgment / Decision

1.

Defendant: Dušan Ćulibrk
Offense: Ratni zločin protv civilnog stanovništva
Place of committment: Bosanska Krupa
Number of injured / victims: The exact number has not been determined
Defendant: Dušan Ćulibrk
Mjere osiguranja Prohibition of meeting with certain persons Period:

The Court confirmed, on 11 January 2021, an indictment in the case No. S1 1 K 038748 20 Kro charging the accused Milorad Kotur and the accused Dušan Ćulibrk with the commission of the criminal offense of War Crimes against Civilian Population under Article 142(1), as read with Article 22 of the Criminal Code of the Socialist Federative Republic of Yugoslavia.

The Court of Bosnia and Herzegovina /BiH/ issued a Decision on 14 February 2022, revoking the prohibitive measure of meeting with certain persons as stipulated under Article 126a paragraph 1(c) of the Criminal Procedure Code of BiH imposed on the accused Dušan Ćulibrk and granting a motion by the Prosecutor's Office of BiH - presented at the hearing held on 14 February 2022 – to order Dušan Ćulibrk into pre-trial custody on account of a violation of the prohibitive measure.

 

The pre-trial custody was ordered on the grounds of Article 132(1)(b) of the Criminal Procedure Code of BiH, namely a risk that the accused, if at liberty, would hinder the criminal proceedings by tampering with witnesses. Under the said decision, the pre-trial custody may last for a period not exceeding two years, running from the date of confirmation of the Indictment, i.e. until 11 January 2023 or a new decision of the Court.

The Court issued a Decision in the case of Dušan Ćulibrk (S1 1 K 038748 21 Kri), granting on oral motion by defense counsel and terminating the pre-trial custody of the accused Dušan Ćulibrk and ordering a prohibitive measure of ban on meeting with certain persons. The Accused is not allowed to meet with or contact in any way the witnesses referred to in the Indictment that have not yet been examined at the trial and he is to stay 100 meters away from them. The imposed measure may last for as long as necessary. Pursuant to Article 126b paragraph 6 of the CPC BiH, the measure shall be reviewed every two (2) months. Pursuant to Article 126b paragraph 3 of the CPC BiH, the Accused was warned that he may be ordered into pre-trial custody if he violated any of the measures or obligations under the referenced decision.