Prosecutor's Office of Bosnia and Herzegovina v. Gojko Kličković, Mladen Drljača and Jovan Ostojić
This case summary is being revised and will be updated soon
| Court |
Court of Bosnia and Herzegovina, Bosnia and Herzegovina |
| Case number |
X-KR-06/213 |
| Decision title |
Verdict |
| Decision date |
5 November 2010 |
| Parties |
- Prosecutor's Office of Bosnia and Herzegovina
- Gojko Kličković
- Jovan Ostojić
- Mladen Drljača
|
| Categories |
Crimes against humanity, War crimes |
| Keywords |
war crimes against civilians, Bosanska Krupa, crimes against humanity, Forcible transfer, Former Yugoslavia, idem and forced labor, illegal detention, Murder, pillaging, sexual violence/rape, torture, war crimes against prisoners of war |
| Links |
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back to topProcedural history
Amended indictment, 21 August 2008
back to topRelated developments
A second instance verdict was issued on 11 May 2012 by the Panel of the Appellate Division of Section I for War Crimes. The Appellate Division partially granted the appeal by the Prosecutor's Office and annulled the 5 November 2010 verdict.
On 7 May 2013, the Appeals Division of the Court issued the final verdict. The Appeals Court acquitted Gojko Kličković and Mladen Drljača of the charges for the crimes against humanity on the ground that it had not been proved beyond reasonable doubt that the accused committed the criminal offense they were charged with.
On 22 April 2008 the Court issued a Decision on joining the cases of Gojko Kličković (X-KR-06/213) and Jovan Ostojic (X-KR-08/504) under the case name of Gojko Kličković and Another (X-KR-06/213). On 23 April 2008 the Court issued a Decision on joining the cases X-KR-06/213 and Maden Drljaca (X-KR-08/503), under the case name Gojko Kličković et al. (X-KR-06/213).
back to topLegally relevant facts
On 19 December 2007 Kličković and several other former Bosnian Serb officials were charged with war crimes (Amongst others: crimes against humanity referred to in Article 172(1)(h) of the Criminal Code of BiH (CC BiH), war crimes against civilians referred to in Article 173(1) of CC BiH and war crimes against prisoners of war pursuant to Article 175(1) of CC BiH) in the Serb municipality Bosanska Krupa in 1992. According to the indictment, they knowingly participated in the joint criminal enterprise which began in the summer of 1991. In the capacity of the Commander of the Crisis Staff of the Serb Municipality, the accused established - with the use of military force - the Bosanska region as the territory occupied only by Serbs and gained control over all aspects of power and administration. Moreover, they allegedly persecuted the Muslim population in the municipality of Bosanska Krupa and also planned, instigated, ordered and participated in the forcible transfer of population, attacks on civilians, unlawful imprisonment and detention, tortures and inhumane treatment as well as the commission of other criminal offenses.
back to topCourt's holding and analysis
On 5 November 2010, the Court’s Trial Panel of Section I for War Crimes acquitted the accused Kličković and Drljača of the charges that they committed the criminal offence of crimes against humanity.
back to topAdditional materials
