The Court found that the Accused took part in a joint criminal enterprise which was the aim of a larger operation conceived by VRS Main Staff Officers including General Ratko Mladić, which extended beyond the Zvornik Brigade zone of responsibility and the purpose of which was larger than the joint criminal enterprise of which the Accused was a member.
It is estimated that over 7000 Bosniak males were killed between 13 and 19 July 1995 in the Srebrenica area. The majority of these males were killed in the Zvornik Brigade zone of responsibility.
The Court found that the acts of the Accused between 12 July and 30 November 1995 in the Zvornik Brigade zone of responsibility were a significant contribution to the common plan to capture, detain, summarily execute and bury all able bodied Bosniak males from Srebrenica enclave, who were brought into the Zvornik Brigade zone of responsibility. Moreover, the Court found that the Accused perpetrated these acts with genocidal intent.
The Court found that the Accused selected detention sites in the Zvornik Brigade zone of responsibility where Bosniak males from Srebrenica would later be brought. The Court found that he was significantly involved in detention sites in Orahovac, Ročevići, and Petkovci, as well as in execution sites near Lažete, Kozluk and Petkovci Dam. The victims who were killed at these execution sites were then buried in unmarked mass graves. On 16 and 17 July 1995, Milorad Trbić was the Duty Operations Officer of the Zvornik Brigade and his acts during that period significantly contributed to the implementation of the common plan. During that period, Bosniak males from Srebrenica were detained at Kula School, Branjevo Military Farm and Pilica Dom. They were executed at Branjevo Military Farm and Pilica Dom and later buried in unmarked mass graves.
In September 1995, the Accused was involved in the exhumation and reburial of the victims of the mass executions which took place in July 1995, thereby continuing the mass burial operation which started in July. This reburial operation created substantial obstacles to the identification process because bodies were dismembered and body parts were then reburied in different mass graves. These actions have considerably lengthened the time needed to identify the bodies and has extended the suffering and grief of the victims’ families.
The Accused was acquitted of the charges that related to the Bratunac Brigade zone of responsibility as the Court did not have sufficient evidence to convict beyond reasonable doubt that he was part of that operation.
The maximum sentence for this offence is 45 years. Under the law, the Court must also consider mitigating factors. The Court found both aggravating and mitigating circumstances in determining the sentence for the Accused. The Court, when considering mitigating circumstances, found that Milorad Trbić did not take part in the overall planning of these crimes and the sentence reflects his level of responsibility in the overall crime.
The time the Accused spent in custody, starting from 8 April 2005, shall be credited towards his sentence.