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Ostojić: Prosecutor's Office of Bosnia and Herzegovina v. Jovan Ostojić
Indictment, 12 Mar 2008, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
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.
Fuštar: Prosecutor’s Office of Bosnia and Herzegovina v. Dušan Fuštar
Verdict, 21 Apr 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Criminal Division, Bosnia and Herzegovina
In this case appearing before the Criminal Division, the accused Dušan Fuštar was found guilty for crimes against humanity regarding his participation in the running of the Keraterm camp in Prijedor municipality. He was sentenced to 9 years of imprisonment after he entered a plea agreement with the Prosecutor’s Office.
This marked the first time that a case referred to the Court of BiH by the ICTY (in the case of Željko Mejakić et al.) was settled through a plea agreement. The Court found Dušan Fuštar guilty and sentenced him to nine years of imprisonment.
Boškoski & Tarčulovski: Prosecutor v. Ljube Boškoski and Johan Tarčulovski
Judgment (public), 10 Jul 2008, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
On 12 August 2001, a group of armed individuals under the leadership of Johan Tarčulovski entered the village of Ljuboten in the Former Yugoslav Republic of Macedonia (FYROM). The men targeted ethnic Albanians through shootings, setting houses on fire and mistreating the captured people. During this time, Ljube Boškoski was the Minister of Interior of FYROM.
Trial Chamber II examined the incidents at Ljuboten and other locations. It concluded with respect to Boškoski that he knew that crimes were being committed in and around Ljuboten, and since he reported the incidents to the authorities that should have investigated these allegations, fulfilled his obligations to take steps to punish those who were responsible. Accordingly, he cannot be held guilty on any of the charges.
Tarculovski, on the other hand, was actively participating in the events of 12 August 2001. He was the leader of the operation and participant in the events. Therefore, Trial Chamber II found him guilty for the war crimes of murder, wanton destruction and cruel treatment. He was sentenced to 12 years of imprisonment.
Pekez et al.: Prosecutor's Office Bosnia and Herzegovina v. Mirko Pekez, Mirko Pekez and Milorad Savić
Verdict, 29 Sep 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Mirko Pekez (son of Mile), Mirko Pekez (son of Špiro), and Milorad Savić were all born in Bosnia and Herzegovina. During the armed conflict in Bosnia and Herzegovina, which began in April 1992 and ended in November 1995, the three of them were members of the Army of Bosnia and Herzegovina (VRS).
On 10 September 1992, members of the VRS took Bosnian civilians out of their homes in Ljoljići-Čerkazovići located in the municipality of Jajce (central Bosnia and Herzegovina), and subsequently brought them to the nearby village of Draganovac where they were lined up against the edge of an abyss before being shot. Mirko Pekez (son of Mile), Mirko Pekez (son of Špiro), and Milorad Savić were charged for their participation in the killing of 23 and the wounding of four of the Bosnian civilians. On 29 September 2008, the Appellate Panel of Section I for War Crimes of the Court of Bosnia and Herzegovina found Pekez (son of Mile) guilty for the crimes, and ordered a retrial.
Samardžija: The Prosecutor v. Marko Samardžija
Verdict, 15 Oct 2008, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina
Marko Samardžija was the commander of the 3rd Company of the Sanica Battalion within the 17th Light Infantry Brigade. He has been accused of ordering soldiers under his command, on 10 July 1992, that the Bosniak (Muslim) population from the settlements of Brkići and Balagića Brdo (in the Ključ Municipality) leave their houses, after which the men older than 18 and younger than 60 were brought to the primary school in Biljani. From there, the men were murdered in groups of 5 to 10, which led to the deaths of at least 144 Bosniak men.
On Appeal, the Court found the Accused guilty of Crimes against Humanity for the deprivation of liberty of these men, since they were forcefully moved from their homes and taken to the primary school. The Court did not find him guilty of aiding in the murders, since this was not a clear and obvious consequence of his acts.
Therefore on 15 October 2008, the Appellate Division of the Court of Bosnia and Herzegovina found Marko Samardžija guilty of crimes against humanity (depriving of liberty) and sentenced him to seven years imprisonment.
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