The accused Ivanović has been found guilty because between 10 and 19 July 1995 when VRS and MUP RS undertook a widespread and systematic attack against Bosniak civilians in the UN Safe Area in Srebrenica, as a special-force police officer, a member of the RS MUP Special Police Brigade, 2nd Šekovići Detachment, 3rd Skelani Platoon, together with members of the SBP 2nd Šekovići Detachment and VRS and RS MUP members he secured the Bratunac-Konjević Polje road Sandići stretch and kept it serviceable for a smooth passage of buses and trucks carrying Bosniak civilians, and participated in capturing of a large number of Bosniak men from the column, a few hundred of them, who tried to cross to the R BiH Army-controlled territory through the woods uphill from the Bratunac-Konjević Polje road and who were shot at from the road from a Praga, tanks and infantry weapons. In the afternoon of 13 July 1995 the Accused Ivanović participated in escorting of a column of several hundred captured Bosniak men to the Kravica Farming Cooperative warehouse whom they detained in the Farming Cooperative warehouse together with the captured Bosniak men transported on buses to the warehouse. On the same day in the afternoon following the detaining of a several hundred prisoners in the warehouse, the Accused stood in a semicircle formed by the 2nd Detachment members in front of the warehouse from which fire was opened at the prisoners; the accused Ivanović together with three other members of the 2nd Detachment, left the semicircle and went behind the warehouse building in order to prevent, armed with an automatic rifle, the prisoners from escaping through the warehouse back windows which were the only way out for prisoners to escape while concurrently the other members of the 2nd Detachment shooting from light machineguns, automatic rifles and throwing hand-grenades at the warehouse front, in early evening hours killed most of the detained Bosniak men.
A person shall be considered innocent of a crime until guilt has been established by a final Verdict. (Article 3 of the CPC BiH)
A First Instance Panel makes a decision on the basis of the evidence which was presented at the trial by the Prosecution and the Defence. The First Instance Panel does not establish the substantive truth but pronounces its Verdict based on the evidence at trial which must be established beyond a reasonable doubt in order for a guilty Verdict to occur.
This Verdict is not final. This Verdict may be appealed and an Appeal shall be reviewed by the Appellate Division of the Court. An Appeal may contain new evidence if the parties to the proceedings and the defence prove that they were not able to present it during the First Instance Proceedings.
Respect for the principle of the presumption of innocence is an integral part of the right to a fair trial. It is recommended that commentary on a First Instance Panel’s Decision not occur until a final Decision is issued. Opinions and information relating to an ongoing criminal proceeding should only be communicated or disseminated when it does not prejudice the presumption of innocence of the Suspect or the Accused. (Appendix to Recommendation Rec (2993)13 of the Committee of Ministers of the Council of Europe of 10 July 2003)
Should there be commentary on the Decision, it is recommended to obtain any needed additional information from the authorized spokesperson of the Court. It is further recommended that any commentary also include the opinions of knowledgeable legal scholars and practitioners.