Trial Judgment delivered in Zijad Srabović et al.

10.10.2024, 15:34

On 10 October 2024 the Court of Bosnia and Herzegovina delivered a Trial Judgment in the case of Zijad Srabović et al., finding the accused Zijad Srabović, Refik Morankić, Ahmet Bajrić, Abid Arapčić, Pašaga Čajić, Samir Džambić and Mirsad Žilić guilty that by the acts described in the operative part of the Judgment, under various counts of the Indictment, they committed the criminal offense of War Crimes against Civilians under Article 142 of the CC SFRY, as read with Articles 22 and 30 of the Code.

The Court imposed on the accused the prison sentences as follows:

  • the accused Zijad Srabović and Refik Morankić, 6 (six) years of imprisonment each;
  • the accused Ahmet Bajrić, 7 (seven) years of imprisonment;
  • the accused Abid Arapčić, 5 (five) years of imprisonment;
  • the accused Pašaga Čajić, Mirsad Žilić and Samir Džambić, 2 (two) years of imprisonment each.

The accused have been found guilty that, during the war in Bosnia and Herzegovina and the armed conflict between the Army of Republika Srpska and the Territorial Defense of BiH, subsequently the Army of BiH, in the territory of Lukavac municipality, between June and mid-October 1992, they proceeded in violation of the rules of international humanitarian law, in breach of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, dated 12 August 1949, and Article 4 of Additional Protocol II, which prohibit discrimination on any ground, violence against life, health or mental well-being of humans, especially killings. The accused Zijad Srabović was thus found guilty that, in his capacity as Assistant Commander for Security at the TO Lukavac Staff, he committed and failed to prevent the inhuman treatment, torture, killing and unlawful detention of civilians, and, as a responsible person by virtue of the office he held, he failed to take the necessary and reasonable measures to prevent such acts, while the accused Refik Morankić was found guilty that, in his capacity as a member of the TO Lukavac Staff and commander of a military unit dubbed “Fiko’s unit and HVO Modrac“, and commander of a prison located in the “Klaonica (slaughterhouse)” building, he ordered the unlawful detention of civilians, committed and enabled torture and inhuman treatment, and as a person in charge and responsible person by virtue of the office he held, he failed to take the necessary and reasonable measures to prevent the torture, killing, and inhuman treatment of the detained civilians, i.e. he did not take measures to punish those responsible.

The accused Ahmet Bajrić was found guilty that, in his capacity as a military policeman at the TO Lukavac Staff, and then also a member of the military unit dubbed “Fiko’s unit and HVO Modrac“, he took part in the inhuman treatment, torture and killing of civilians, while the accused Abid Arapčić was found guilty that, in his capacity as a member of the military unit dubbed “Fiko’s unit and HVO Modrac“, he took part in the torture and killing of the detained civilians. The accused Pašaga Čajić, Samir Džambić and Mirsad Žilić were found guilty that, in their capacity as military policemen at the TO Lukavac Staff they took part in the torture of civilians.

An appeal from the Judgment may be filed with the Appellate Division Panel of this Court within 15 (fifteen) days of the day when a written copy of the Judgment is received.