The subject arose: By filing an Indictment
Indictment: criminal offense of War Crimes against Civilians under Article 173(1), Subparagraphs a) and c), as read with Articles 29 and 180(1) of the Criminal Code of Bosnia and Herzegovina, and Article 180(1) of the Criminal Code of Bosnia and Herzegovina, and the suspect Milorad Glamočak with the criminal offense of War Crimes against Civilians under Article 173(1), Subparagraphs a) and c), as read with Articles 29 and 180(1) of the Criminal Code of Bosnia and Herzegovina, and Article 180(1) and (2) of the Criminal Code of Bosnia and Herzegovina.
Prosecutor's number: T20 0 KTRZ 0002904 06
Number of parties: 4
Prosecutor: Slavica Terzić
Preliminary Hearing Judge: Darko Samardžić
Acting Judicial Council / single judge in first instance proceedings: Staniša Gluhajić, Vesna Jesenković i Šaban Maksumić
Acting Judicial Council / single judge in second instance proceedings: Hilmo Vučinić, Amela Huskić, Dragomir Vukoje,
Confirmation date: 20.12.2017.
Final decision rendered on: 24.11.2020.
Department: Section I
The factual substrate of the indictment:
The indictment charges the accused that during the state of war in Bosnia and Herzegovina and the armed conflict between the Army of Bosnia and Herzegovina and the Army of Republika Srpska (VRS), as members of the Reconnaissance Platoon at the 11th Light Infantry Brigade – VRS Mrkonjić Brigade from Mrkonjić Grad, they acted in violation of the rules set forth in common Article 3(1)a) of the Geneva Convention relative to the Protection of Civilian Persons in Time of War 12 August 1949 prohibiting violence against life, health or physical or mental well-being of people, especially murder, as well as any kind of torture.
| Defendant: | Čigoja Branko |
|---|---|
| Defender: | Željko Šurlan |
| Judgment / Decision | Condemning |
| Defendant: | Željko Todić |
|---|---|
| Defender: | Zoran Kisin |
| Judgment / Decision | Condemning |
| Defendant: | Saša Boškić |
|---|---|
| Defender: | Petko Pavlović |
| Judgment / Decision | Condemning |
| Defendant: | Milorad Glamočak |
|---|---|
| Defender: | Slobodan Perić |
| Judgment / Decision | Liberating |
1.
| Defendant: | Čigoja Branko |
|---|---|
| Offense: | War Crimes against Civilians under Article 173(1), Subparagraphs a) and c), as read with Articles 29 and 180(1) of the Criminal Code of Bosnia and Herzegovina, and Article 180(1) of the Criminal Code of Bosnia and Herzegovina |
| Place of committment: | Oborci Donji Vakuf |
| Number of injured / victims: | The exact number has not been determined |
2.
| Defendant: | Željko Todić |
|---|---|
| Offense: | War Crimes against Civilians under Article 173(1), Subparagraphs a) and c), as read with Articles 29 and 180(1) of the Criminal Code of Bosnia and Herzegovina, and Article 180(1) of the Criminal Code of Bosnia and Herzegovina |
| Place of committment: | Donji Vakuf |
| Committment year: | 1995. |
| Number of injured / victims: | The exact number has not been determined |
3.
| Defendant: | Saša Boškić |
|---|---|
| Offense: | War Crimes against Civilians under Article 173(1), Subparagraphs a) and c), as read with Articles 29 and 180(1) of the Criminal Code of Bosnia and Herzegovina, and Article 180(1) of the Criminal Code of Bosnia and Herzegovina |
| Place of committment: | Donji Vakuf |
| Committment year: | 1995. |
| Number of injured / victims: | The exact number has not been determined |
4.
| Defendant: | Milorad Glamočak |
|---|---|
| Offense: | War Crimes against Civilians under Article 173(1), Subparagraphs a) and c), as read with Articles 29 and 180(1) of the Criminal Code of Bosnia and Herzegovina, and Article 180(1) and (2) of the Criminal Code of Bosnia and Herzegovina. |
| Place of committment: | Mrkonjić Grad |
| Committment year: | 1995. |
| Number of injured / victims: | The exact number has not been determined |
Judgment / Decision:
Judgment / Decision:
On 20 December 2017, the Court of Bosnia and Herzegovina confirmed the Indictment charging the accused Branko Čigoja, Željko Tadić and Saša Boškić with the criminal offense of War Crimes against Civilians under 173(1), Subparagraphs a) and c), as read with Articles 29 and 180(1) of the Criminal Code of Bosnia and Herzegovina, and Article 180(1) of the CC BiH, and the suspect Milorad Glamočak with the criminal offense of War Crimes against Civilians under Article 173(1), Subparagraphs a) i c), as read with Articles 29 and 180(1) of the CC BiH, and Article 180, Paragraphs 1 and 2, of the CC BiH.
On 5 February 2018, at a plea hearing held in Branko Čigoja et al. the accused pleaded not guilty. According to the Indictment, Branko Čigoja, Željko Tadić, Saša Boškić and Milorad Glamočak are charged with the criminal offense of Crimes against Civilians under Article 173(1)(a) and (c) in conjunction with Articles 29 and 180(1) of the Criminal Code of Bosnia and Herzegovina and Article 180(1) of the Criminal Code of Bosnia and Herzegovina.
The main trial was initiated on 4 April 2018.
Panel of Judges composed of: Kosović Jasmina, Hadžiomerović Enida, Marenić Željka
On 9 June 2020, the Court of Bosnia and Herzegovina handed down a trial judgment finding the accused Branko Čigoja, Željko Todić and Saša Boškić guilty of the criminal offense of War Crimes against Civilians under Article 142 of the CC SFRY as read with Article 22 of the Code.
Consequently, the Trial Panel of the Court of BiH, in accordance with Articles 33, 38(1) and 41(1) of the CC SFRY, sentenced each of them to 14 (fourteen) years of imprisonment.
Conversely, pursuant to Article 284(1)c) of the CPC BiH, the accused Milorad Glamočak was acquitted of the charges concerning the criminal offense of War Crimes against Civilians under Article 173(1), Subparagraphs a) and c), as read with Articles 29 and 180, Paragraphs 1 and 2 of the CC BiH.
On 23 December 2020, the Appellate Division Panel of the Court of Bosnia and Herzegovina sent out the Appeals Judgment in the case of Branko Čigoja et al., upholding the Trial Judgment delivered by the Court of BiH on 9 June 2020.