Prosecutor's Office of Bosnia and Herzegovina v. Zoran Marić

Court	Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina
Case number	X-KR-05/96-3
Decision title	First instance verdict
Decision date	29 October 2009
Parties	Prosecutor's Office of Bosnia and Herzegovina Zoran Marić (a.k.a "Đole")
Categories	Torture, War crimes
Keywords	War crimes against civilians; former Yugoslavia; torture; pillaging
Links	Verdict (First Instance)

Summary

Zoran Marić, a former soldier in the Army of Republika Srpska, was indicted by the Court of Bosnia and Herzegovina (BiH) on suspicion of involvement in war crimes committed in 1992, during the armed conflict between the Army of Republika Srpska and, on the other hand, BiH and the Croatian Defense Council (HVO). Marić was charged with co-perpetration – together with fellow soldiers – of torture, inhumane treatment and murder of Bosniak civilians. Although he initially pleaded not guilty, he came to a plea agreement with the prosecutor, pleading guilty to the crimes he was indicted for. The Court of BiH, after evaluating the evidence, found the agreement acceptable and sentenced Marić to fifteen years’ imprisonment.

Procedural history

Zoran Marić was arrested in Serbia on 6 July 2009, and extradited to the Bosnian authorities on the same day. The Court of Bosnia and Herzegovina (BiH) indicted him on 10 July 2009, charging him with war crimes committed against civilians, in particular the crimes of killings, torture, inhuman treatment and pillaging. The indictment was confirmed on 16 July 2009; after which his trial commenced.

Legally relevant facts

The indictment against Marić stated that he, during the armed conflict in 1992 between, on the one hand, the Army of Republika Srpska and, on the other hand, BiH and the Croatian Defense Council (HVO), was a member of the Army of Republika Srpska. On 10 September 1992, Marić allegedly, together with other members of the Army, agreed on a plan to round up Bosniak civilians located in the settlement of Ljoljići-Čerkazovići, Jajce municipality (BiH) with the intent to take them away and kill them at the location known as Tisovac. Moreover, he also allegedly took part in the unlawful arrest and forceful taking of Bosniak civilians out of their houses, to subsequently round them up at the location known as Osoje. After that, the captured civilians were taken to Tisovac, where they were ordered to line up next to the edge of an abyss; here, Marić and his colleagues allegedly started firing automatic rifles at them, killing 23 and wounding four persons. For these acts, Marić was charged with the criminal offence of war crimes against civilians (more specifically: murder/killings, intentional infliction of severe physical or mental pain or suffering upon a person (torture), inhuman treatment, property confiscation, and pillaging).

On 30 July 2009, Marić pleaded not guilty. However, on 14 October 2009, he entered into a plea agreement with the prosecutor, pleading guilty to the crimes committed.

Core legal questions

Has Marić been involved in war crimes against civilians committed during the armed conflict that took place in 1992 between, on the one hand, the Croatian Defense Council and BiH, and, on the other hand, the Army of Republika Srpska?

If yes, can Marić be found criminally responsible for the acts as listed in the indictment?

Specific legal rules and provisions

Geneva Convention (IV), 1949:

Article 3(1)(a) and (c) - Conflicts not of an international character
Article 147 - Penal sanctions II. Grave breaches

Criminal Code of Bosnia and Herzegovina, 2003:

Article 29 - Accomplices
Article 39 - The Purpose of Punishment
Article 42 - Imprisonment
Article 48 - General Principles of Meting out Punishments
Article 56 - Credit for the Period Spent in Custody and Credit for Punishment under an Earlier Sentence
Article 173(1)(c) and (f) - War Crimes against Civilians
Article 180(1) - Individual Criminal Responsibility

Criminal Procedure Code of Bosnia and Herzegovina, 2006:

Article 186(1) - Decision Concerning the Costs
Article 188(4) - Costs of Proceedings when the Accused is Found Guilty
Article 198(2) - Ruling on the Claims under Property Law

Court's holding and analysis

Zoran Marić had entered a plea agreement in which he pleaded guilty to the criminal offence of war crimes against civilians, as set out in the indictment. Therefore, during a hearing on 28 October 2009, the Court considered the relevant agreement, specifically focussing on the questions whether the agreement had been made willingly, consciously and with understanding, whether the accused understood the legal consequences arising from signing the agreement (in particular that by doing so he waived the right to a trial and the right to an appeal from the criminal sanction to be imposed on him), as well as whether he understood the consequences relative to the claim under property law and the costs of the criminal proceedings. During this hearing, the Prosecutor’s Office explained that there was an error in the indictment in the part charging Marić with war crimes against civilians in violation of Article 173, paragraph 1, subparagraphs c) and f), whereas it should only include subparagraph c) (murder, torture and inhumane treatment; the pillaging and confiscation charges were omitted) (p. 4).

Hereafter, the Prosecutor’s Office presented material evidence in the case file, which convinced the Court that the agreement had been made in accordance with the law. The Court also assessed whether, and concluded that there was sufficient evidence to prove the guilt of the accused; the agreement was accepted and the sentencing hearing was resumed to impose the sentence of imprisonment between 14 and 16 years, as proposed in the agreement (p. 4). The Court decided to take the middle ground and sentenced Marić to 15 years’ imprisonment (p. 10).

Instruments cited

Geneva Convention (IV), 1949.
Criminal Code of Bosnia and Herzegovina, 2003.
Criminal Procedure Code of Bosnia and Herzegovina, 2006.

Additional materials

BIRN BiH, ‘Zoran Maric Indictment Filed’, Justice Report, 14 July 2009.

‘Indictment confirmed in the Zoran Marić case’, Court of Bosnia & Herzegovina, 17 July 2009.

‘Plea hearing scheduled in the Zoran Marić case’, Court of Bosnia & Herzegovina, 29 July 2009.

‘Zoran Marić pleaded not guilty’, Court of Bosnia & Herzegovina, 30 July 2009.

‘Status conference scheduled in the Zoran Marić case’, Court of Bosnia & Herzegovina, 8 September 2009.

‘Commencement of trial scheduled in the Zoran Marić case’, Court of Bosnia & Herzegovina, 13 October 2009.

‘Consideration of Plea agreement scheduled in the Zoran Marić case’, Court of Bosnia & Herzegovina, 27 October 2009.

‘Zoran Marić Found Guilty of War Crimes against Civilians’, Court of Bosnia & Herzegovina, 29 October 2009.