Prosecutor’s Office of Bosnia and Herzegovina v. Bošco Lukić and Marko Adamović

Court	Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
Case number	KT-RZ-44/08
Decision title	Indictment
Decision date	5 June 2008
Parties	Boško Lukić Marko Adamović Prosecutor’s Office of Bosnia and Herzegovina
Categories	Crimes against humanity
Keywords	crimes against humanity, deportation, enforced disappearance, extermination, inhumane acts, Murder, torture
Links	Indictment

Summary

In this case, the Court of Bosnia and Herzegovina acquitted the accused Boško Lukić and Marko Adamović of the charges entered against them. As active members of the Serb Democratic Party (SDS) and military officers in the municipality of Ključ, they were suspected of having participated in a joint criminal enterprise with the main purpose being the deportation of the non-Serb civilian population living in Ključ.

Related developments

On 30 May 2011, the Court acquitted both accused for the criminal offences entered against them in the indictment. On 11 October 2012, the Appellate Panel of Section I for War Crimes of the Court of BiH granted the appeal of the Prosecutor’s Office in the Marko Adamović et al. case.

On 6 March 2013 the trial before the Appellate Panel commenced. The verdict is due on 12 December 2013.

Legally relevant facts

Both accused were active members of the Serb Democratic Party (SDS) in Ključ (a town and municipality in western BiH) during the armed conflict in BiH between April 1992 and late December 1992. Boško Lukić held the position of Commander of the Municipal Territorial Defense Staff, whereas Marko Adamović was the Deputy Commander of the Ključ Battalion of the Territorial Defense (p. 2).

The Prosecutor’s Office alleged that the two accused had, in their capacity, participated in a joint criminal enterprise with the purpose of preparing and organizing, aiding and abetting, and planning and carrying out a widespread and systematic attack directed against the non-Serb civilian population, which resulted with the violation of several of their rights (p. 10). These activities were undertaken with the view of realizing the Strategic Objectives of the Serb People in the Republic of BiH and the establishment of a separate state of Bosnian Serbs, the municipality of Ključ intended to constitute a part of it (p. 2).

According to the Prosecutor’s Office, 500 non-Serbs were killed and at least 10,000 were expelled during the relevant period in the territory of the Ključ municipality (p. 47).

Core legal questions

Did both accused, as members of a group in the joint criminal enterprise, commit the criminal offences charged against them in this indictment (p. 75)?
Should the custody of both accused be extended (p. 83)?

Specific legal rules and provisions

Criminal Code of Bosnia and Herzegovina:

Article 29 (accomplices).
Article 172(1)(h) (crimes against humanity).
Article 176(2) and (4) (organising a group of people and instigating the perpetration of genocide, crimes against humanity and war crimes).
Article 180(1) and (2) (individual criminal responsibility).

Criminal Procedure Code of Bosnia and Herzegovina:

Article 132(1)(a) and (b) (grounds for pre-trial custody).
Article 137(1) (custody after the confirmation of the indictment).

Court's holding and analysis

The Court of BiH acquitted both accused of all the charges the Prosecutor entered against them. Jasmina Kosović, President of the Court’s Council, stated that while it is undisputed that crimes against the non-Serb population of Ključ have been committed, the Prosecutor has not proved that Lukić and Adamović had taken part in the perpetration of these crimes.

The Prosecutor’s Office appealed this decision in the case of Marko Adamović et al., which was granted by the Appellate Panel of Section I for War Crimes of the Court of BiH on 11 October 2012. The trial before the Appellate Panel commenced on 6 March 2013.