The subject arose: By filing an Indictment
Indictment: Criminal offense of Genocide under Article 171 of the Criminal Code of Bosnia and Herzegovina, as read with Article 180(1) and Article 31 of the Criminal Code of Bosnia and Herzegovina.
Prosecutor's number: T20 0 KTRZ 0013215 16
Number of parties: 1
Prosecutor: Predrag Tomić
Preliminary Hearing Judge: Jasmina Ćosić Dedović
Acting Judicial Council / single judge in first instance proceedings: Mira Smajlović , Mediha Pašić, Zoran Božić
Confirmation date: 22.01.2018.
Department: Section I
The factual substrate of the indictment:
The Indictment charges the accused that during the widespread and systematic attack the Army of Republika Srpska (VRS) and the RS Ministry of Internal Affairs (MUP RS) carried out between 6 July and 19 July 1995 against Bosniak civilians in the UN safe area of Srebrenica, within which a group of Bosniak people was partially exterminated since the entire Bosniak civilian population numbering up to 40,000 were removed from the UN Safe Area of Srebrenica, while more than 8,000 Bosniak men and boys were killed, as members of the VRS Vlasenica Brigade, knowing of the attack and that their actions constituted part of the attack, they knowingly assisted members of the joint criminal enterprise whose plan and design was to imprison and kill able-bodied Bosniak men from the Srebrenica enclave, and forcibly transfer women, children and the elderly from the enclave, and thus destroy them as a group.
Case in progress
Notes:
The accused Borislav Stojišić and Rajko Drakulić are currently at large and an international warrant has been issued against them.
On 24 May 2022, the Court issued a Decision severing the proceedings in relation to the accused Mile Kosorić, so the case against this accused shall henceforth be conducted under No. S1 1 K 042883 22 Kri - Mile Kosorić
| Defendant: | Momčilo Tešić |
|---|---|
| Judgment / Decision |
1.
| Defendant: | Momčilo Tešić |
|---|---|
| Offense: | Genocide under Article 171 of the Criminal Code of Bosnia and Herzegovina, as read with Article 180(1) and Article 31 of the Criminal Code of Bosnia and Herzegovina. |
| Place of committment: | Srebrenica |
| Number of injured / victims: | The exact number has not been determined |
| Defendant: | Momčilo Tešić | |
|---|---|---|
| Mjere osiguranja | Prohibition of meeting with certain persons | Period: |
| Pritvor | Period: od 07.09.2022 - |
Judgment / Decision:
Judgment / Decision:
On 22 January 2018, the Court of Bosnia and Herzegovina confirmed the indictment charging the accused Mile Kosorić, Borislav Stojišić, Momčilo Tešić and Rajko Drakulić with the criminal offense of Genocide under Article 171 of the Criminal Code of Bosnia and Herzegovina, as read with Article 180(1) and Article 31 of the Criminal Code of Bosnia and Herzegovina.
On 12 April 2018, in the case of Mile Kosorić et al., a plea hearing was held at which the Accused Mile Kosorić and Momčilo Tešić pleaded not guilty of the criminal offense of Genocide in violation of Article 171 of the CC BiH, in conjunction with Article 180(1) and Article 31 of the CC BiH. The Accused Borislav Stojišić and Rajko Drakulić are at large and an international warrant was issued for them.
The main trial was initiated on 12 June 2018. The prosecution is currently presenting its evidence.
Panel of Judges composed of: Smajlović Mira, Pašić Mediha, Božić Zoran
On 7 September 2022 the Court of Bosnia and Herzegovina delivered and pronounced a Trial Judgment in the Momčilo Tešić case, finding the accused Momčilo Tešić guilty of the criminal offense of Crimes against Humanity under Article 172(1)h), as read with Subparagraph a), of the Criminal Code of Bosnia and Herzegovina (CC BiH), all in conjunction with Articles 29 and 180(1) of the Code. The Court sentenced him to 20 (twenty) years of imprisonment. An appeal from the Judgment may be filed with the Appellate Division Panel of the Court of BiH within 15 (fifteen) days of the day when a written copy of the Judgment was received. Having pronounced the Trial Judgment, the Panel ordered the accused into custody on the grounds of flight risk.
On 2 March 2023 the Appellate Division Panel of the Court of Bosnia and Herzegovina sent out an Appeals Judgment in the case of Momčilo Tešić, dismissing as ill-founded the appeal filed by the Prosecution, whereas the appeals filed by the accused Momčilo Tešić and his defense counsel were partly granted, so that the Trial Judgment delivered by the Court on 7 September 2022 was modified in the part concerning the sentencing decision in the manner that the accused Momčilo Tešić is now sentenced to 18 (eighteen) years of imprisonment, while in the remaining part the appeals filed by the accused and his defense counsel were dismissed as ill-founded, and the Trial Judgment was upheld. No appeal lies from this Judgment.
The Trial Judgment of 7 September 2022 found the accused Momčilo Tešić guilty of the criminal offense of Crimes against Humanity under Article 172 of the Criminal Code of Bosnia and Herzegovina, and sentenced him to 20 (twenty) years of imprisonment.
