First-instance verdict pronounced in the case of Ivan Zelenika et al.

14.04.2015, 15:39
Having completed the main trial, on 14 April 2015 the First-Instance Panel of Section I for War Crimes of the Court of Bosnia and Herzegovina pronounced a verdict finding the accused Ivan Zelenika, Ivan Medić, Edib Buljubašić and Marina Grubišić-Fejzić guilty of the criminal offense of Crimes against Humanity (Persecution) under Article 172(1)h) of the Criminal Code of BiH (CC BiH), as read with Article 180(1) of the same Code.

 

In that regard, the Court imposed the following sentences on the accused: Ivan Zelenika – six years of imprisonment; Ivan Medić – seven years of imprisonment; Marina Grubišić-Fejzić – five years of imprisonment. Pursuant to Article 55(1) and Article 53(1), the Court sentenced  the accused Edib Buljubašić to six years of imprisonment, while taking as previously established the sentence of 34 years of long-term imprisonment imposed by the final verdict of the Cantonal Court Zenica dated 9 June 2000, so that, pursuant to the rules set forth in Article 53(2)a) of the CC BiH, the Court imposed the compound sentence of 34 years of long-term imprisonment.

 

The accused Srećko Herceg is acquitted of the charges that he committed the criminal offense of Crimes against Humanity under Article 172(1)h) of the CC BiH (Persecution) as read with Subparagraphs a), d), e), f), g) and k), all in conjunction with Article 180(1) and (2) of the CC BiH.

 

It follows from the Operative Part of the Verdict that the Accused: Ivan Zelenika, as a de facto warden of the prison situated in the former JNA military infirmary in Mostar, Edib Buljubašić, Ivan Medić and Marina Grubišić- Fejzić, as members of the Croatian Defense Forces (HOS), were found guilty in as much as they from early May through end August 1992, as part of a widespread and systematic attack against Serb civilians of Mostar, Čapljina and Stolac Municipalities,  aware of the attack and that their acts constituted part of the attack, willingly participated together and with other members of the HOS military structure, including the Chief Commander of the Herzegovina HOS, the warden of the Dretelj camp and prison staff, whose aim was to permanently remove Serb civilian population from the territory of Herzegovina, perpetrated individual acts which amounted to significant contribution to maintaining and functioning of the system of unlawful arrests of Serb civilians in the area of Mostar, Čapljina and Stolac Municipalities. Certain number of civilians from Mostar area was kept for some time on the premises of the JNA military infirmary in Mostar, while all arrested people were eventually imprisoned in the hangars inside the “Bruno Bušić“ barracks in Dretelj, which had all characteristics of a camp. The captured civilians were kept in inhumane and  unhygienic conditions and were daily subjected to various forms of physical, psychological and sexual ill-treatment, which caused serious physical, mental and health consequences to them. 

 

The Court acquitted the Accused: Ivan Zelenika, Ivan Medić, Edib Buljubašić and Marina Grubišić-Fejzić of some counts of the Indictment.

 

The Court issued a decision extending  prohibition  measures imposed on Ivan Medić and Marina Grubišić-Fejzić, while the prohibition measures imposed on the Accused Srećko Herceg were revoked.