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 |
Links |
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back to topSummary
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.
back to topProcedural 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.
back to topRelated 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.
back to topLegally 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.
back to topCore 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).
back to topSpecific 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).
back to topInstruments cited
back to topRelated cases
back to topAdditional materials
- ‘Jovan Ostojic Arrested’, Justice Report, 28 February 208.
- Court of Bosnia & Herzegovina, ‘Custody ordered for Jovan Ostojić’, 3 March 2008.
- Court of Bosnia & Herzegovina, ‘Indictment against Jovan Ostojić confirmed’, 14 March 2008.
- Court of Bosnia & Herzegovina, ‘Plea hearing scheduled in the Jovan Ostojić case’, 25 March 2008.
- ‘Ostojic: Plea Hearing’, Justice Report, 26 March 2008.
- ‘Trial of Serbian War Criminals Gojko Klickovic, Jovan Ostojic and Mladen Drljaca Begins Before Bosnian State Court’, Bosnia News, 9 May 2008.
- ‘Klickovic et al: Ostojic released from custody’, Justice Report, 25 July 2008.
- ‘Klickovic et al: Chain of Command’, Justice Report, 17 September 2008.
- ‘Klickovic et al: Safe Resettlement of Muslims’, Justice Report, 11 November 2009.
- ‘Klickovic et al: Official Without Much Authority’, Justice Report, 3 February 2010.
- ‘Klickovic et al: Witnesses Defend Ostojic’, Justice Report, 6 July 2010.
- ‘Klickovic et al: Verdict Due to be Pronounced on November 5’, Justice Report, 27 October 2010.
- ‘Bosnia war crimes court acquits 3 Serb ex-officials’, Radio Netherlands Worldwide, 5 November 2010.
- ‘Bosanska Krupa Case Appealed’, Balkan Transitional Justice, 23 February 2012.
- ‘Klickovic et al: Retrial Begins July 3’, Justice Report, 26 June 2012.