Prosecutor's Office of Bosnia and Herzegovina v. Zdravko Božić et al.
Court |
Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina |
Case number |
X-KRŽ-06/236 |
Decision title |
Verdict |
Decision date |
5 October 2009 |
Parties |
- Zdravko Božić
- Mladen Blagojević
- Željko Zarić
- Zoran Živanović
- Prosecutor's Office of Bosnia and Herzegovina
|
Categories |
Crimes against humanity |
Keywords |
crimes against humanity, Forcible transfer, illegal detention, inhumane acts, Murder, Srebrenica |
Links |
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back to topSummary
In this second-instance verdict, the Appellate Division upheld the first-instance verdict and found the accused Mladen Blagojević guilty of crimes against humanity. The Division sentenced him to seven years of imprisonment. The other three accused, Zdravko Božić, Zoran Živanović and Željko Zarić, were acquitted.
back to topProcedural history
The Court confirmed the indictment on 21 December 2006. The accused Zdravko Božić failed to appear at a plea hearing held on 24 January 2007, at which the Court entered a plea of not guilty in accordance with the law. The trial commenced on 20 April 2007.
On 6 November 2008 the Court entered the first-instance verdict finding Mladen Blagojević guilty of crimes against humanity. The accused Zdravko Božić, Zoran Živanović and Željko Zarić were acquitted on all counts of the indictment.
More procedural information can be found here.
back to topLegally relevant facts
The accused Zdravko Božić, Mladen Blagojević, Željko Zarić and Zoran Živanović were members of the Military Police of the Bratunac Light Infantry Brigade of the Army of Republika Srpska (VRS). In their official capacities, they were suspected of having planned, ordered, instigated and committed criminal offences against the Bosniak civilian population in the enclave of Srebrenica in July 1995, together with members of the VRS and the police of Republika Srpska.
back to topCore legal questions
The Appellate Division was asked to review the following points by the Prosecutor’s Office:
- Whether there has been an essential violation of the criminal procedure?
- Whether there has been a violation of the Criminal Code?
- Whether state of facts have been erroneously and incompletely established?
- Whether the decision on sentence was in accordance with the Code of Criminal Procedure?
In addition, the Defense Counsels for the accused asked the Appellate Division to review the first three points set out by the Prosecutor’s Office as well (p. 3).
back to topSpecific legal rules and provisions
Criminal Code of Bosnia and Herzegovina:
- Article 3 (principle of legality).
- Article 4 (time constraints regarding applicability).
- Article 29 (accomplices).
- Article 39 (the purpose of punishment).
- Article 42 (imprisonment).
- Article 48 (general principles of meting out punishments).
- Article 49 (reduction of punishment).
- Article 172 (crimes against humanity).
- Article 180(1) (individual criminal responsibility).
Criminal Procedure Code of Bosnia and Herzegovina:
- Article 188(4) (costs of proceedings when the accused is found guilty).
- Article 285 (guilty verdict).
- Article 296 (grounds for appeal).
- Article 297 essential violations of the criminal procedure provisions).
- Article 298 (violations of the criminal code).
- Article 299 (incorrectly or incompletely established facts).
- Article 300 (decision on the sentence, the costs of the proceeding, the claim under property law and the announcement of the verdict).
- Article 310(1) (decisions on the appeal).
European Convention on Human Right (ECHR):
- Article 7(2) (no punishment without law).
back to topCourt's holding and analysis
The Appellate Division dismissed the appeal as unfounded and upheld the first-instance verdict of 6 November 2008. In the first-instance verdict, the accused Mladen Blagojević was found guilty of crimes against humanity and sentenced to seven years of imprisonment. Mladen Blagojević was found to have shot at the ‘Vuk Karadzic’ school building in Bratunac by using an anti-aircraft gun. The incident took place in July 1995 when male residents of Srebrenica and the surrounding villages were detained in the school building.
The other three accused, Zdravko Božić, Zoran Živanović and Željko Zarić, were acquitted. The Appellate Division found that the crimes at hand have undisputable occurred, but that the Prosecution has failed to prove their liability beyond reasonable doubt.
back to topInstruments cited
back to topAdditional materials
- Court of Bosnia and Herzegovina, ‘Case information sheet’.
- Court of Bosnia and Herzegovina, ‘Custody ordered for Mladen Blagojević’, 20 November 2006.
- Court of Bosnia and Herzegovina, ‘Custody ordered for Zoran Živanović’, 11 December 2006.
- Court of Bosnia and Herzegovina, ‘Indictment confirmed in the case of Zdravko Božić and Others’, 25 December 2006.
- Court of Bosnia and Herzegovina, ‘Plea hearing in the case of Zdravko Božić and Others’, 8 January 2007.
- Court of Bosnia and Herzegovina, ‘Court entered a plea of not guilty for the Accused in the case of Zdravko Božić and others’, 24 January 2007.
- ‘Bozic et al: Release Requested’, Justice Report, 24 July 2007.
- ‘Bozic: Prosecution motion rejected’, Justice Report, 23 August 2007.
- ‘Bozic et al: Indictees Fail to Appear in the Court’, Justice Report, 12 September 2007.
- ‘Bozic et al: Contradictory Statements’, Justice Report, 29 January 2008.
- ‘Bozic et al: Court expert’s opinion’, Justice Report, 19 March 2008.
- Court of Bosnia and Herzegovina, ‘First status conference in the case of Zdravko Božić and Others’, 29 March 2007.
- Court of Bosnia and Herzegovina, ‘Commencement of trial in the case of Zdravko Božić and Others’, 19 April 2007.
- The Hague Justice Portal, ‘Srebrenica: An overview of the legal proceedings’, 7 August 2008.
- Court of Bosnia and Herzegovina, ‘Mladen Blagojević found guilty of Crimes against Humanity and sentenced to 7 years imprisonment’, 6 November 2008.
- Court of Bosnia and Herzegovina, ‘First Instance Verdict in Božić et. al. confirmed’, 8 February 2010.
- ‘Bozic et al: First Instance Verdict Confirmed’, Justice Report, 8 February 2010.