Trial Judgment in Luka Dragičević et al.

21.10.2022, 14:29

On 21 October 2022 the Court of Bosnia and Herzegovina delivered and pronounced a Trial Judgment in the case of Luka Dragičević et al. (S1 1 K 018711 15 Kri) finding the accused Obrad Poluga, Novak Poluga, Dragan Šekarić, Oliver Krsmanović, Petko Inđić, Radojica Ristić and Miodrag Mitrašinović guilty that by the acts described in the operative part of the Judgment they committed the criminal offense of War Crimes against Civilians under Article 142(1), as read with Article 22 CC SFRY. The Court sentenced them to 13 (thirteen) years of imprisonment each. Pursuant to Article 284c) CPC BiH, the accused Luka Dragičević is acquitted of the charges, for it was not proven that by the acts described in the Judgment he committed the criminal offense of War Crimes against Civilians under Article 142(1), as read with Article 22 CC SFRY.

The accused Obrad Poluga, Novak Poluga, Dragan Šekarić, Oliver Krsmanović, Petko Inđić, Radojica Ristić and Miodrag Mitrašinović have been found guilty that during the armed conflict in Bosnia and Herzegovina, between the Army of Republika Srpska and the Army of Bosnia and Herzegovina, in the territory of Rudo and Višegrad municipalities, as members of the Army of Republika Srpska, specifically its 2nd Podrinje Light Infantry Brigade Višegrad, they acted in violation of the rules of international law, the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 12 August 1949, in the manner that they took part in the killing of 20 non-Serb civilians.

 

The accused Luka Dragičević is acquitted of the charges that as Commander of the 2nd Podrinje Light Infantry Brigade Višegrad, on receiving an order from the TG Višegrad Command, he assigned the Intervention Company Commander to execute the task.

 

The Court issued a Decision lifting the travel ban previously imposed on the accused Luka Dragičević under Article 126(2) CPC BiH.

 

Pursuant to Article 138(1) CPC BiH, following the Trial Judgment pronouncement, the Court issued a Decision ordering custody of the accused Novak Poluga, Obrad Poluga, Petko Inđić, Radojica Ristić and Miodrag Mitrašinović, on the grounds of existence of circumstances referred to in Article 138 CPC BiH, in conjunction with the custody grounds referred to in Article 132(1)a) CPC BiH, which is a flight risk, which under the Decision may last for a maximum of nine (9) months, which means in relation to the accused Obrad Poluga, Novak Poluga, Petko Inđić and Radojica Ristić until 20 July 2023, and in relation to the accused Miodrag Mitrašinović until 21 July 2023, or pending a new decision of the Court.

 

The parties and defense counsel may appeal this Judgment with the Appellate Division Panel of the Court of Bosnia and Herzegovina within 15 (fifteen) days of the day when a written copy thereof was received.