On 25 February 2026, the Court of Bosnia and Herzegovina issued a Decision in the case of Dragoljub Kunarac, denying the Motion filed by the Prosecutor's Office of Bosnia and Herzegovina to remand the accused Dragoljub Kunarac in custody, on the grounds that the Court finds that pre-trial custody, as the ultimate measure to secure an accused’s attendance, is not necessary at the current stage of the proceeding. Also, in its Motion, the BiH Prosecutor's Office has alternatively moved for restrictive measures to be imposed on the accused.

Having served his sentence of 28 years of imprisonment in Germany under the ICTY Judgment, the accused has been transported to BiH where he had voluntarily surrendered to the then SFOR troops back in 1998.

In order to secure the accused’s attendance, the Court imposed on him the most stringent restrictive measures, as follows:

• Ban on leaving the place of residence under Article 126(1) CPC BiH (so-called house arrest), which he must not leave without the Court’s previous consent, with the relevant authorities’ having an obligation  to check whether the measure has been complied with, by randomly checking, once a day, whether the accused is still at his address;

• Travel ban under Article 126(2) CPC BiH, in the manner that the court has ordered a seizure of the valid travel documents and the prohibition of issuance of new ones to the name of the accused Dragoljub Kunarac, as well as the use of ID card to cross the state border;

• Ban on meeting with specific individuals under Article 126.a(1)c) CPC BiH, in the manner that the Court prohibits any form of meeting and any form of direct or indirect contact with the Prosecution witnesses, as well as other potential witnesses and co-perpetrators known to him, including approaching them at a distance of less than 100 meters.

The accused has been specifically warned that he may be remanded in custody if found in breach of the obligations imposed on him under the restrictive measures. The restrictive measures imposed by the Decision may last for as long as necessary or until the Court decides otherwise.

The accused Dragoljub Kunarac is charged with the criminal offense of Crimes against Humanity under Article 172 CC BiH.