Deciding on the Motion filed by the Prosecutor's Office of Bosnia and Herzegovina to order custody of the suspects Mile Kosorić, Momčilo Tešić and Rade Garić, on 21 December 2017 the Court of Bosnia and Herzegovina partly granted the motion and issued a decision ordering the suspect Rade Garić into custody, which may last up to one month from the day of his arrest, or to 20 January 2018, or pending a different decision by the Court.

Having established the existence of grounded suspicion, the Court ordered pre-trial custody based on the custody grounds laid down in Article 132(1)b) of the BiH Criminal Procedure Code, which means the existence of the risk of hindrance of criminal proceedings.

The Court denied the Prosecutor’s motion to order custody of the suspect Rade Garić due to the existence of special custody grounds under Article 132(1)d) of the CPC BiH, and that the suspects Mile Kosorić and Momčilo Tešić be ordered into pre-trial custody based on Article 132(1), Subparagraphs b) and d), of the CPC BiH, and the suspect Mile Kosorić also based Article 132(1)a) of the CPC BiH.

Pursuant to Article 126, Subparagraphs 1 and 2, and Article 126(1)c) of the CPC BiH, the following prohibitive measures are imposed on the suspects Mile Kosorić and Momčilo Tešić: ban on leaving the place of residence, travel ban and ban on meeting certain individuals. For the purpose of ensuring its enforcement, the suspects Mile Kosorić and Momčilo Tešić are forbidden to have any mutual contacts in any manner whatsoever, as well as contacts with co-perpetrators and witnesses for the Prosecution.

Suspect Rade Garić was committed to pre-trial custody at the KPZ (penal and correctional facility).

Rajko Drakulić et al. are suspected of the criminal offense of Genocide under Article 171 of the Criminal Code of Bosnia and Herzegovina (CC BiH) and the criminal offense of Crimes against Humanity under Article 172(1)h) of CC BiH, as read with Subparagraphs a), e), f) and k), all in conjunction with Article 180, Subparagraphs 1 and 2, of the CC BiH.