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(Source picture: Justice Report)

(Source picture: Justice Report)

Prosecutor's Office of Bosnia and Herzegovina v. Jovan Ostojić

Court Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
Case number KT-RZ-19/08
Decision title Indictment
Decision date 12 March 2008
Parties
  • Jovan Ostojić
  • Prosecutor's Office of Bosnia and Herzegovina
Categories Crimes against humanity, Torture, War crimes
Keywords Bosanska Krupa, crimes against humanity, forced labor, Forcible transfer, illegal detention, Murder, pillaging, torture, War Crimes against Civilians, war crimes against prisoners of war
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Summary

The accused Jovan Ostojić is suspected of having committed crimes against humanity, war crimes against civilians and war crimes against prisoners of war in the period between 14 July 1992 and 31 December 1992 in the so-called Serb Municipality of Bosanska Krupa.

He was acquitted of all charges together with Gojko Kličković and Mladen Darljača on 5 November 2010.

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Procedural history

On 13 March 2008 the Court confirmed the indictment. On 26 March 2008 at the plea hearing the accused Jovan Ostojić pleaded not guilty.

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Related developments

On 22 April 2008 the Court of Bosnia and Herzegovina issued a Decision on joining the cases of Gojko Kličković (X-KR-06/213) and Jovan Ostojić (X-KR-08/504). From that date, the case will be processed under the case number of Gojko Kličković et al. (X-KR-06/213).

On 5 November 2010 the court acquitted Gojko Kličković, Mladen Darljača and Jovan Ostojić of having participated in a joint criminal enterprise aimed at dividing the municipality of Bosanska Krupa and of attempting to ethnically cleanse it of non-Serb civilians.

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Legally relevant facts

Between 14 July 1992 and 31 December 1992 there was a widespread or systematic attack of the SDS paramilitary units and the Army of the so-called Serb Republic of Bosnia and Herzegovina directed against the non-Serb civilian population of the so-called Autonomous Region of Krajina. The relevant location for this indictment is the so-called Serb Municipality of Bosanska Krupa, where the widespread or systematic attack was executed with the purpose of permanently removing the non-Serb civilian population (p. 1).

The accused Jovan Ostojič was the Commander of the 11th Krupa Light Infantry Brigade during the relevant period.

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Core legal questions

The Prosecutor’s Office entered two counts against the accused and proposed to the Hearing Judge that the accused is to be found to have participated in a joint criminal enterprise with the purpose of linking the Serb-populated areas in Bosnia and Herzegovina and create a separate Bosnian Serb state (p. 4). The Prosecutor also proposed that the accused is to be found responsible for the crimes committed by his subordinates, as he was their de jure or de facto superior. The two counts included crimes against humanity, war crimes against civilians, and war crimes against prisoners of war.

Finally, due to the possibility of fleeing and hindering the criminal proceedings by influencing witnesses, accomplices or accessories, the Prosecutor’s Office requested the Hearing Judge to order the custody of the accused (p. 20).

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Specific legal rules and provisions

Criminal Code of Bosnia and Herzegovina:

  • Article 172 (crimes against humanity).
  • Article 173 (war crimes against civilians).
  • Article 175 (war crimes against prisoners of war).
  • Article 180(1) and (2) (individual criminal responsibility).

Criminal Procedure Code of Bosnia and Herzegovina:

  • Article 132 (1)(b) (grounds for pre-trial custody).
  • Article 137(1) (custody after the confirmation of the indictment).
  • Article 226 (issuance of the indictment).
  • Article 227(3) (contents of the indictment).
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Instruments cited

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Related cases

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Additional materials