Prosecutor's Office of Bosnia and Herzegovina v. Milisav Gavrić

Court	Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
Case number	KT-RZ-46/07
Decision title	Indictment
Decision date	4 June 2008
Parties	Prosecutor's Office of Bosnia and Herzegovina Milisav Gavrić
Categories	Crimes against humanity, Genocide
Keywords	Crimes against humanity; deportation; enforced disappearance; genocide; inhumane acts; persecution; Srebrenica; Cinkara factory; Potocari
Links	Indictment

Summary

Milisav Gavrić was born on 18 November 1948. He was a member of the Bratunac Police Station, and the Deputy Chief of the Srebrenica Police Station. On 4 June 2008, Gavrić was indicted by the Prosecutor's Office of Bosnia and Herzegovina. According to the allegations, Gavrić, acting alone or together with other members of the military of the Republika Srpska, committed crimes against Bosniak civilians in the Srebrenica enclave between 10 July and 19 July 1995. The specific crimes included capturing Bosniaks and inflicting injuries on them, the separation of women and men, the transfer of women and children, and the execution of Bosniak men.

On 4 June 2008, a preliminary hearing judge of the Court of Bosnia and Herzegovina issued an indictment against Gavrić, charging him with crimes against humanity.

Related developments

The Court confirmed the indictment on 11 June 2008. Gavrić remains at large.

Legally relevant facts

Milisav Gavrić was a member of the Bratunac Police Station, and Deputy Chief of the Srebrenica Police Station. The indictment alleged that, together with other members of the military and the police forces of the Republika Srpska, Gavrić took part and assisted in the organised and systematic capture of Bosnian Muslims (Bosniaks) during the period from 10 July to 19 July 1995 in the Srebrenica enclave. In addition, he was also involved in the infliction of injuries on the captured Bosniaks, and in their execution. Gavrić was also accused of having assisted in the forced transportation of thousands of Bosniak women, children and elderly people who were transported to the territory controlled by the army of the Republic of Bosnia and Herzegovina. Moreover, Gavrićtook also part in separating the men from the other civilians (p. 1).

The indictment further alleged that on 12 July 1995, in the town of Srebrenica, the accused participated and assisted in the forced disappearance of one Bosniak civilian, who along with 16 other Bosniak civilians was detained in a house of another civilian (para. 2(a)). As alleged in the indictment, on the same day, Gavrić took out one civilian from the compound of the Battery Factory where wounded Bosniak civilians were kept and separated. This civilian was unaccounted for until the time his body was exhumed from the Zeleni Jadar 5 mass grave (para. 2(b)). Among other things, the indictment alleged that in the late afternoon of 12 July 1995, Gavrić, together with two unidentified Serb soldiers, entered the Cinkara factory in Potočari and on two occasions took out 5 to 10 Bosniak men no older than 25, who have been unaccounted ever since (para. 2(d)).

Core legal questions

Could Gavrić be charged with genocide and crimes against humanity?

Specific legal rules and provisions

Criminal Code of Bosnia and Herzegovina, 2003:

Article 171(1)(a) and (b) - Genocide
Article 172(1)(h) - Crimes against Humanity
Article 180(1), (29), and (31) - Individual Criminal Responsibility

Criminal Procedure Code of Bosnia and Herzegovina, 2006:

Article 35(2)(h) - Rights and Duties
Article 226(1) - Issuance of the indictment

Court's holding and analysis

On 4 June 2008, Gavrić was indicted by a preliminary hearing judge of the Court of Bosnia and Herzegovina. According to the indictment, Gavrić was charged with counts of genocide, including killing and causing serious bodily or mental harm, and crimes against humanity, including deportation or forcible transfer of population, enforced disappearance of persons, and other inhumane acts.