The Court of Bosnia and Herzegovina rendered, and the presiding judge announced in open session, a Trial Judgment in the case of Miodrag Josipović et al. on 29 November 2021, acquitting the accused Miodrag Josipović, Branimir Tešić, Dragomir Vasić, Danilo Zoljić and Radomir Pantić of the following charges: Dragomir Vasić - criminal offense of Genocide under Article 171(a) and (b) of the Criminal Code of Bosnia and Herzegovina /CC BiH/ as read with Article 180(1) and Article 29 thereof; and Danilo Zoljić, Radomir Pantić, Miodrag Josipović and Branimir Tešić - criminal offense of Genocide under Article 171(a) and (b) of the CC BiH as read with Article 180(1) and Article 31 thereof.
The Court has acquitted the accused of the charges that, in the manner described in the enacting clause of the Judgment:
Dragomir Vasić, as Commander of the Zvornik Police Forces Staff and Chief of the Zvornik Public Security Center /CJB/, committed, whereas Danilo Zoljić, as Commander of the Special Police Units (PJP) of the Zvornik CJB, Radomir Pantić, as Commander of the 1st Company of the PJP of the Zvornik CJB, Miodrag Josipović, as Chief of the Bratunac Public Security Station /SJB/ and member of the of the Zvornik CJB Police Forces Staff headquartered at the Bratunac SJB and Branimir Tešić, as Deputy Commander of the Bratunac PS /Police Station/, aided and abetted in destroying in part a group of Bosniaks of the Srebrenica enclave as a national, religious and ethnic group who, as Bosniaks of Eastern Bosnia, constituted a substantial part of the ethnic group of Bosniaks.
The evidence presented at the trial by the Prosecutor’s Office of BiH has not proved beyond any reasonable doubt that the accused participated in the acts described in the individual counts of the Indictment. In particular, the Prosecution failed to prove the existence of the subjective element on the part of the accused, namely the existence of intent to destroy in whole or in part a protected group of the Bosniak population.
Active participation of the accused as described in the Indictment in the commission of the crime referred to in Article 171 of the CC BiH does not ensue from the tendered evidence and accordingly the Court, by applying the principle of in dubio pro reo, acquitted the accused Miodrag Josipović, Branimir Tešić, Dragomir Vasić, Danilo Zoljić and Radomir Pantić of the charge of committing the crime of Genocide under Article 171 of the CC BiH.
Appeal against this judgment may be filed to the Appellate Division of the Court within 15 (fifteen) days after service of a written copy of the judgment.