S1 1 K 031562 19 Kri Trifunović Miladin

The subject arose: By filing an Indictment

Prosecutor's number: T20 0 KTRZ 0009517 14

Number of parties: 1

Prosecutor: Adis Nuspahić

Preliminary Hearing Judge: Mediha Pašić

Acting Judicial Council / single judge in first instance proceedings: Braco Stupar, Davorin Jukić, Tatjana Kosović

Confirmation date: 27.11.2019.


Department: Section I


The factual substrate of the indictment:

According to the Indictment, during a period from July to 16 December 1992, and the armed conflict between the Army of Republika Srpska (VRS) and the Army of the Republic of Bosnia and Herzegovina (ARBiH), the accused Miladin Trifunović acted in breach of the rules of international law by violating the provisions set forth in the Geneva Convention relative to the Protection of Civilian Persons in Time of War, within a widespread and systematic attack launched by the VRS against the Muslim civilian population of the Vogošća and Ilijaš municipalities, knowing of the attack and that his actions form a part of the attack, as the Commander of the Vogošća (Crnovrška) Brigade of the VRS, with the aim of inflicting great suffering and violations of bodily integrity of the civilians, he planned, ordered, instigated and aided and abetted in the widespread and systematic attack against the Muslim civilian population of the Vogošća and Ilijaš municipalities, on political, national, ethnic, cultural and religious grounds, by way of murder and inhumane acts.


Case in progress

Defendant: Miladin Trifunović
Defender: Rade Golić
Judgment / Decision

1.

Defendant: Miladin Trifunović
Offense: Crimes against Humanity under Article 172(1), Subparagraphs a) and k), as read with Articles 180(1), 30 and 31, of the Criminal Code of Bosnia and Herzegovina (CC BiH).
Place of committment: Vogošća, Ilijaš
Committment year: 1992.
Number of injured / victims: 40
Defendant: Miladin Trifunović
Mjere osiguranja Prohibition of leaving the place of residence Period: 24.10.2019. -
Mjere osiguranja Travel ban Period: 24.10.2019. -
Mjere osiguranja Mandatory reporting to a specific state body Period: 07.02.2020. -
Mjere osiguranja Prohibition of meeting with certain persons Period: 10.12.2019. -

On 27 November 2019 the Court of Bosnia and Herzegovina confirmed the indictment in the Miladin Trifunović case, charging the accused Miladin Trifunović with the criminal offense of Crimes against Humanity under Article 172(1), Subparagraphs a) and k), as read with Articles 180(1), 30 and 31, of the Criminal Code of Bosnia and Herzegovina (CC BiH).

At a plea hearing held on 24 December 2019, in the Case no. S1 1 K 031562 19 Kro, the Accused Miladin Trifunović pleaded not guilty of the criminal offense of Crimes against Humanity in violation of Article 172(1)(a) and (k) of the CC BiH, as read with Articles 180(1), 30 and 31 of the CC BiH.

The main trial was initiated on 28 January 2020. The prosecution is currently presenting its evidence.

On 14 November 2023 the Court of Bosnia and Herzegovina delivered and pronounced a Trial Judgment in the case of Miladin Trifunović, acquitting the accused Miladin Trifunović of the charges, for it was not proven that by the acts described in the operative part of the Judgment he committed the criminal offense of Crimes against Humanity under Article 172(1), Subparagraphs a) and k), of the Criminal Code of Bosnia and Herzegovina, as read with Article 180(1) and Articles 30 and 31 of the Code.

An appeal from the Judgment may be filed with the Appellate Division Panel of the Court of BiH within 15 days of the day when a written copy thereof was received.