24.04.2012. Ivanović Željko
16.11.2012. Ivanović Željko
Second instance decision on revocation of the first instance verdict
17.06.2013. Ivanović Željko
18.06.2014. Ivanović Željko
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Factual grounds of the Indictment:
As alleged in the Indictment, there is grounded suspicion that as a member of the Special Police Unit of the 2nd Šekovići Detachment, RS MoI, during the period from 10 to 19 July 1995, with the intent to exterminate, in part, a group of Bosniak people, the accused Željko Ivanović participated in a joint criminal enterprise with the aim of forcibly transferring around 40 thousand civilians from the UN Safe Area of Srebrenica and execute more than 7,000 Bosniaks. According to the Indictment, on 12 July 1995 the accused Ivanović participated in the search of Bosniak villages around Potočari aiming to expel them to the territories controlled by the Army of RBiH. On 13 July 1995, as further alleged in the Indictment, the accused Ivanović participated in in ensuring that the road is passable in order to carry out an unobstructed transport of Bosniak population by trucks and buses; he opened and closed the road for traffic in accordance with the plan and thus decisively contributed to the execution of the plan to forcibly transfer Bosniak people. On the same day, the accused Ivanović allegedly participated in the capturing of thousands of Bosniak men who were trying to escape from the UN Safe Area. As alleged in the Indictment, the accused Ivanović participated in escorting a column of over one thousand of captured Bosniaks from the village of Sandići to the warehouse of the Kravica Farming Cooperative, knowing that they would be executed. After detaining the captured Bosniaks in the warehouse, the 2nd Detachment members started killing the captured Bosniaks by firing from automatic weapons and by throwing hand grenades. The Accused Ivanović allegedly got out of the semicircle formation from which the prisoners were fired at, and together with several other members of the 2nd Detachment he went around the warehouse intending to prevent a possible escape of prisoners through windows at the rear side of the warehouse. According to the Indictment, at the same time other members of the 2nd Detachment, while firing from their submachine-guns, automatic rifles and throwing hand grenades from the front part of the warehouse, killed the most of over one thousand of captured Bosniak men
Counts of the indictment:
Željko Ivanović is charged with the criminal offense of Genocide in violation of Article 171 of the Criminal Code of Bosnia and Herzegovina (CC BiH) in conjunction with Article 180 (1) of CC BiH.
Course of the proceedings:
The Court confirmed the Indictment on 4 June 2009.
On 29 June 2009, at the plea hearing before the Section I for War Crimes of the Court, the Accused Ivanović pleaded not guilty.
The main trial commenced on 27 August 2009.
Following a main trial, on 24 April 2012 the Trial Panel of the Section I for War Crimes of the Court of BiH pronounced a Trial Verdict finding the accused Željko Ivanović guilty of the criminal offense of Crimes against Humanity in violation of Article 172(1)(a) as read with Article 29 of the Criminal Code of BiH (CC of BiH). Due to the commission of this crime the Trial Panel sentenced the accused Ivanović to imprisonment for a term of 13 years.
On 16 November 2012 the session before the Appellate Panel was held in this case.
On 5 December 2012, in the Željko Ivanović (S1 1 K 003442 12 Kžk) case the Court has sent out a decision upholding the appeals filed by the Prosecutor’s Office of BiH and Defence Lawyer for the accused Željko Ivanović and revoking the Court’s Verdict of 24 April 2012 and ordering a retrial before the Appellate Panel of the Court.
The main trial before the Panel of the Section I for War Crimes of the Appellate Division of the Court of BIH was initiated on 4 February 2013.
The Appeals Panel of the Court of Bosnia and Herzegovina handed down on 17 June 2013, the Verdict in the case v. Željko Ivanović finding the Accused Ivanović guilty of the criminal offense of Genocide in violation of Article 171(a) as read with Article 31 of the Criminal Code of Bosnia and Herzegovina (Accessory). In that regard, the Court of Bosnia and Herzegovina sentenced the Accused to a 24-year long-term imprisonment. The time the Accused spent in custody shall be credited towards the pronounced sentence.
The Appellate Panel of the Court rendered the decision on 16 May 2014 in the Željko Ivanović (S1 1 K 003442 12 Kžk) suspending the execution of the long-term imprisonment sentence of 24 years for Željko Ivanović to which he was sentenced for the criminal offence of Genocide under Article 171 of the Criminal Code of BiH as read with Article 31 (Accessory) of the said Code. After the Constitutional Court of BiH, at its session held on 28 March 2014, partly granted the appellation filed by the convicted person Željko Ivanović before the Court of Bosnia and Herzegovina, and found a violation of the convicted person’s rights under Article II/2 of the Constitution of Bosnia and Herzegovina and Article 7(1) of the European Convention, it revoked the second-instance sentence of the Court of BiH, No: S1 1 K 003442 12 Kžk dated 17 June 2013. The same decision dismissed as ill-founded Željko Ivanović’s appellation filed from the same verdict in relation to Article II/3e) of the Constitution of Bosnia and Herzegovina and Article 6 of the European Convention.
The trial before the appellate panel was initiated on 17 June 2014.
The Panel of the Appellate Division of Section I for War Crimes of the Court of Bosnia and Herzegovina, having held a hearing held before the Appellate Panel upon the Decision on Admissibility and Merits of the Constitutional Court of Bosnia and Herzegovina of 28 March 2014, revoking the Verdict of this Court of 17 June 2013, rendered on 18 June 2014, and publicly announced on 19 June 2014, a second instance verdict finding the accused Željko Ivanović guilty of the criminal offense of Genocide under Article 141 of the Criminal Code of the Socialistic Federative Republic of Yugoslavia, which was taken over pursuant to the Law on the Application of the Criminal Code of Bosnia and Herzegovina and the Criminal Code of the Socialistic Federative Republic of Yugoslavia (the adopted CC of SFRY), taken in conjunction with Article 24 of the same Code (complicity), and sentenced the Accused to 20 years in prison.