Prosecutor's Office of Bosnia and Herzegovina v. Blagoje Golubović

Court	Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina
Case number	X-KR-08/494-1
Decision title	Verdict
Decision date	10 July 2009
Parties	Prosecutor's Office of Bosnia and Herzegovina Blagoje Golubović
Categories	Crimes against humanity
Keywords	Crimes against humanity; murder
Links	Verdict

Summary

Blagoje Golubović was born in Strganci, Bosnia and Herzegovina, on 18 April 1965. He was charged with participating in the plan of the forces of the Serb Republic of Bosnia and Herzegovina (later known as Republika Srpska) to kill the non-Serb civilians of the municipality of Foča. Golubović was charged with crimes against humanity.

On 6 July 2009, the Prosecutor’s Office of Bosnia and Herzegovina dropped the charges against Golubović. On 10 July 2009, the Court of Bosnia and Herzegovina passed a verdict dismissing the charges against Golubović.

Procedural history

On 10 February 2009, the Prosecutor’s Office of Bosnia and Herzegovina issued an indictment against Blagoje Golubović for crimes against humanity. The indictment alleged that Golubović ‘knowingly and deliberately’ participated in a joint criminal enterprise, and that he took part in the execution of the joint plan to kill non-Serbs civilians of the Foča Municipality.

On 13 February 2009, the indictment was confirmed by the Court of Bosnia and Herzegovina (Court of BiH).

On 17 March 2009, Golubović entered a not guilty plea before Section I for War Crimes of the Court of BiH.

On 6 July 2009, the Prosecutor’s Office of Bosnia and Herzegovina filed a written submission notifying the Court of BiH that it dropped the charges against Golubović and requested his custody to be terminated.

Legally relevant facts

In the indictment, it was alleged that Golubović and three other individuals, all armed with automatic weapons, participated in the killing of a Bosnian civilian in the Podkolun village (Foča Municipality) at the end of May 1992. The indictment further stipulated that Golubović subsequently left the village with the other persons and participated in the killing of another Bosnian civilian after leaving the village.

Core legal questions

Can the charges against Golubović be dismissed?

Specific legal rules and provisions

Criminal Code of Bosnia and Herzegovina, 2003:

Article 172(1)(a) - Crimes against humanity
Article 180(1) - Individual Criminal Responsibility

Criminal Procedure Code of Bosnia and Herzegovina, 2006:

Article 198(3) - Ruling on the Claims under Property Law
Article 283(1)(b) - Verdict Dismissing the Charges

Court's holding and analysis

On 10 July 2009, the Court of BiH, Section I for War Crimes, passed a verdict dismissing the charges filed against Golubović.

The verdict pointed out, among other things, that on 6 July 2009, the Prosecutor’s Office of BiH filed a written submission notifying the Court that they dropped the charges against Golubović.

The Court relied on Article 283(1)(b) of the Criminal Procedure Code of Bosnia and Herzegovina (BiH CPC) according to which ‘the Court shall hand down the verdict dismissing the charges if the Prosecutor dropped the charges between the beginning and the end of the main trial’ (p. 3).