S1 1 K 018441 16 KrI Perišić Božidar et al.

The subject arose: By filing an Indictment

Indictment: The Indictment charges the accused Božidar Perišić and Vinko Zoranović with the commission of the criminal offense of Crimes against Humanity.

Prosecutor's number: Т20 0 КТРЗ 0000784 06

Number of parties: 2

Prosecutor: Ivan Matešić

Preliminary Hearing Judge: Staniša Gluhajić

Acting Judicial Council / single judge in first instance proceedings: Davorin Jukić Lejla Konjić Dragović Tatjana Kosović

Acting Judicial Council / single judge in second instance proceedings: Amela Huskić Mirko Božović Redžib Begić

Confirmation date: 15.01.2016.

Final decision rendered on: 04.02.2022.


Department: Section I


The factual substrate of the indictment:

The indictment alleges that during the war in Bosnia and Herzegovina, within a widespread and systematic attack of the units of the Army and Police of the Serb Republic BiH, subsequently the Republika Srpska directed against the Bosniak civilian population in the territory of Rogatica municipality, over the period between May 1992 and the end of 1993, being aware of the attack and knowing that his acts formed an integral part of the attack, Božidar Perišić, as a member of the First Podrinjska Light Infantry Brigade of the VRS, and Vinko Zoranović, as a member of the Public Security Station Rogatica, persecuted the Bosniak civilian population on national, religious and ethnic grounds by participating in the killings, rapes, severe deprivations of liberty and other inhumane acts.


Case in progress

Defendant: Božidar Perišić
Judgment / Decision Partial
Defendant: Vinko Zoranović
Judgment / Decision Liberating

1.

Defendant: Božidar Perišić
Offense: zločini protiv čovječnosti iz člana 172. stav 1. tačka h) KZ BiH u vezi sa tačkom a), e), k), a) iz člana 173. stav 1. istog Zakona
Place of committment: Rogatica
Committment year: 1992. - 1993.
Number of injured / victims: The exact number has not been determined

2.

Defendant: Vinko Zoranović
Offense: Zločini protiv čovječnosti iz člana 172. stav 1. tačka h) KZ BiH u vezi sa tačkom g), a sve u vezi sa članom 180. stav 1. isto Zakona
Place of committment: Rogatica
Committment year: 1992. - 1993.
Number of injured / victims: The exact number has not been determined
Defendant: Božidar Perišić
Pritvor Period: 06.03.2015. - 29.04.2015.
Mjere osiguranja Prohibition of meeting with certain persons Period: 29.04.2015. - 20.02.2019.
Mjere osiguranja Travel ban Period: 29.04.2015. - 05.09.2017.
Defendant: Vinko Zoranović
Pritvor Period: 06.03.2015. - 29.04.2015.
Mjere osiguranja Travel ban Period: 29.04.2015. - 05.09.2017.

The Court of Bosnia and Herzegovina confirmed on 15 January 2016 the Indictment under which the Accused Božidar Perišić and Vinko Zoranović are charged with the criminal offense of Crimes against Humanity under Article 172 paragraph 1 in conjunction with Article 180 paragraph 1 of the CC of BIH.

 

 

At the plea hearing held on 15 February 2016 before Section I for War Crimes of the Court of BiH in Božidar Perišić et al., the accused Božidar Perišić and Vinko Zoranović pled not guilty of the criminal offense Crimes against Humanity.

 

The main trial was initiated on 25  March 2016.

Panel of Judges composed of: Jukić Davorin, Konjić Dragović Lejla, Kosović Tatjana

 

The Court of Bosnia and Herzegovina has rendered, and the presiding judge on 5 July 2021 delivered, a Trial Judgment in the case of Božidar Perišić et al., finding the accused Božidar Perišić guilty because he, during the war in  Bosnia and Herzegovina, during a widespread and systematic attack by the Army and Police of the Serbian Republic of BiH (later renamed the Republika Srpska) directed against the Bosniak civilian population in the territory of Rogatica municipality in the period from May 1992 until the end of 1992, with knowledge of that attack and that their acts constituted part thereof, Božidar Perišić, as member of the 1st Podrinje Light Infantry Brigade of the VRS /Army of the Republika Srpska/, persecuted Bosniak civilians on national, ethnic and religious grounds, whereby he committed the criminal offense of Crimes against Humanity under Article 172(1)(h) - persecution as read with sub-paragraph (a) depriving another person of his life (murder), all in conjunction with Article 180(1) of the Criminal Code of Bosnia and Herzegovina /CC BiH/. The Court sentenced the accused to 10 (ten) years' imprisonment.

 

On 3 March 2022, Panel of the Appellate Division of the Court of BiH sent out a second-instance Judgment in the case of Božidar Perišić et al. (S1 1 K 018441 21 Krž) dated 4 February 2022, dismissing as ill-founded the appeals filed by, respectively, the Prosecutor's Office of Bosnia and Herzegovina /BiH/ and counsel for the accused Božidar Perišić and upholding a Trial Judgment of the Court of BiH dated 5 July 2021. Under the trial judgment, the accused Božidar Perišić was found guilty because he, during the war in BiH, as part of a widespread and systematic attack by units of the army and police of the Serbian Republic BiH (the Republika Srpska - RS) directed against the Bosniak civilians in the territory of Rogatica municipality lasting from May 1992 until the end of 1992, with knowledge of that attack and that his acts constituted part thereof, as member of the 1st Podrinje Light Infantry Brigade of the Army of the RS (VRS Rogatica Brigade), persecuted the Bosniak civilians on national, religious and ethnic grounds, thereby committing the criminal offense of Crimes against Humanity under Article 172(1)(h) persecution as read with sub-paragraph (a) depriving another person of his life (murder), taken in conjunction with Article 180(1) of the CC BiH. The Court sentenced the Accused to 10 (ten) years' imprisonment.

 

The accused Božidar Perišić and Vinko Zoranović are acquitted of the charge that they during the war in BiH, as part of a widespread and systematic attack by units of the army and police of the Serbian Republic BiH (the Republika Srpska - RS) directed against the Bosniak civilians in the territory of Rogatica municipality lasting from May 1992 until the end of 1993, with knowledge of that attack and that his acts constituted part thereof, Božidar Perišić, as member of the VRS Rogatica Brigade, and Vinko Zoranović, as member of the Rogatica Public Security Station, persecuted the Bosniak civilians on national, religious and ethnic grounds by way of participation in murders, rapes, severe deprivation of liberty and other inhumane acts, whereby the accused Božidar Perišić would have committed the criminal offense of Crimes against Humanity under Article 172(1)(h) persecution as read with sub-paragraph (a) depriving another person of his life (murder) and sub-paragraph a) of Article 173(1) attack on civilian population, settlement, individual civilians or persons placed hors de combat, which results in the death, grave bodily injuries or serious damage to people's health, taken in conjunction with Article 180(1) of the CC BiH and the criminal offense of Crimes against Humanity under Article 172(1)(h) persecution as read with sub-paragraph k) other inhumane acts and sub-paragraph (a) of Article 173(1)  attack on civilian population, settlement, individual civilians or persons placed hors de combat, which results in the death, grave bodily injuries or serious damage to people's health, taken in conjunction with Article 180(1) of the CC BiH; the accused Vinko Zoranović was also acquitted of the criminal offense of Crimes against Humanity under Article 172(1)(h) persecution as read with sub-paragraph (g) coercing another, by use of force or threat of a direct assault on her life or limb or the life or limb of a person close to her, to sexual intercourse or equivalent sexual act (rape), taken in conjunction with Article 180(1) of the CC BiH.