A. Cases against 13 accused referred to a national jurisdiction by final decision
Accused
Crime location
Status
OTP progress reports based on OSCE monitoring*
Radovan Stanković
Foča (BiH)
The accused was transferred to BiH on 29 Sep 2005. First-instance judgement before the Court of BiH was pronounced on 14 Nov 2006, finding the accused guilty of crimes against humanity and sentencing him to 16 years’ imprisonment. On 28 Mar 2007, the Court of BiH Appellate Panel modified the sentence to 20 years’ imprisonment.
The case was transferred to Croatia on 1 Nov 2005. First-instance judgement before the Zagreb County Court was pronounced on 30 May 2008, acquitting Rahim Ademi of all charges and finding Mirko Norac guilty of war crimes against civilians. Norac was sentenced to 7 years’ imprisonment. On 18 Nov 2009, Croatian Supreme Court reduced Norac’s sentence to 6 years’ imprisonment and upheld Ademi’s acquittal.
The accused was transferred to BiH on 8 Dec 2005. First-instance judgement before the Court of BiH was pronounced on 16 Feb 2007, finding the accused guilty of crimes against humanity and sentencing him to 34 years’ imprisonment. On 19 Nov 2007, the Court of BiH Appellate Panel confirmed the sentence.
Željko Mejakić,
Momčilo Gruban,
Dušan Fuštar,
Duško Knežević
Prijedor (BiH)
The accused were transferred to BiH on 9 May 2006.
Following the acceptance of a plea agreement between the Office of the Prosecutor of BiH and Dušan Fuštar, the Court of BiH separated his case from the case against the other accused and pronounced a first-instance judgement on 22 April 2008, finding Fuštar guilty of crimes against humanity and sentencing him to 9 years’ imprisonment.
TThe Court of BiH pronounced a first-instance judgement on 30 May 2008, finding Željko Mejakić, Momčilo Gruban and Duško Knežević guilty of crimes against humanity. Mejakić was sentenced to 21 years’ imprisonment, Gruban to 11 years’ imprisonment and Knežević to 31 years’ imprisonment. On 16 Feb 2009, the Court of BiH Appelate Panel confirmed the Mejakić and Knežević’s sentences and reduced Gruban’s sentence to 7 years’ imprisonment.
The accused was transferred to BiH on 22 Sep 2006. Trial started on 11 May 2007 before the Court of BiH.
Following the acceptance of a plea agreement, the Court of BiH pronounced a first-instance judgement on 29 April 2008, finding the accused guilty of war crimes and sentencing him to 10 years’ imprisonment. No appeal can be filed against this decision.
The accused were transferred to BiH on 3 Oct 2006. First-instance judgement before the Court of BiH was pronounced on 28 Feb 2008, finding the accused guilty of crimes against humanity. Rašević was sentenced to 8,5 years’ imprisonment and Todović to 12,5 years’ imprisonment. On 6 Nov 2008, the Court of BiH Appellate Panel reduced Rašević’s sentence to 7 years’ imprisonment.
The case was transferred to Serbia on 17 Apr 2007. On 5 Dec 2007, the Belgrade District Court issued a decision finding the accused unfit to stand trial.
The accused was transferred to BiH on 11 Jun 2007. First-instance judgement before the Court of BiH was pronounced on 16 Oct 2009, finding the accused guilty of genocide and sentencing him to 30 years’ imprisonment. On 21 Oct 2010, the Court of BiH Appelate Panel upheld the verdict.
*Following the agreement between the Chairman in Office of the Organization for Security and Co-operation in Europe (OSCE) and the Prosecutor, the Prosecutor receives reports from the OSCE on developments in the cases transferred to domestic courts in the region of the former Yugoslavia.
B. Motions under Rule 11bis concerning 4 accused denied
Accused
Crime location
Status
Dragomir Milošević
Sarajevo (BiH)
Request for referral to BiH denied on 8 Jul 2005. Trial started on 11 Jan 2007 before the ICTY. On 12 Dec 2007, he was sentenced by the ICTY to 33 years’ imprisonment (first instance). On 12 Nov 2009, the ICTY Appeals Chamber reduced Milošević's sentence to 29 years’ imprisonment.
Rasim Delić
Travnik, Zavidovići (BiH)
Request for referral to BiH denied on 9 Jul 2007. Trial started on 9 Jul 2007. On 15 Sep 2008, he was sentenced by the ICTY to 3 years’ imprisonment (first instance). Trial Chamber judgment declared final on 29 June 2010.
Milan Lukić,
Sredoje Lukić
Višegrad (BiH)
On 11 Jul 2007, the Appeals Chamber reversed the decision on referral of Milan Lukić’s case to BiH. On 20 Jul 2007, the Referral Bench revoked the referral of Sredoje Lukić’s case to BiH. The joint trial started on 9 Jul 2008 before the ICTY. On 20 July 2009, Milan Lukić and Sredoje Lukić were sentenced to life and 30 years’ imprisonment respectively (first instance). Appeal pending.
C. Motions under Rule 11bis concerning 5 accused withdrawn
Accused
Crime location
Status
Mile Mrkšić,
Miroslav Radić,
Veselin Šljivančanin
Vukovar (Croatia)
Request for referral to Croatia or Serbia and Montenegro withdrawn on 30 Jun 2005. On 27 Sep 2007, Mrkšić and Šljivančanin were sentenced by the ICTY to 20 and five years’ imprisonment, respectively. Radić was acquitted of all charges (first instance). On 5 May 2009, ICTY Appeals Chamber upheld Mrkšić sentence and increased sentence against Šljivančanin from five to 17 years’ imprisonment. On 14 Jul 2010, ICTY Appeals Chamber granted Šljivančanin’s request for review of the appeal judgment. On 8 Dec 2010, a review judgment was rendered reducing his sentence to 10 years’ imprisonment.
Ivica Rajić
Stupni Do, Vareš (BiH)
The accused pleaded guilty on 26 Oct 2005. On 8 May 2006, he was sentenced by the ICTY to 12 years' imprisonment. Request for referral to BiH withdrawn on 25 May 2006.
Dragan Zelenović
Foča (BiH)
The accused pleaded guilty on 17 Jan 2007 while the motion for his referral to BiH was pending. On 4 Apr 2007, he was sentenced by the ICTY to 15 years' imprisonment. Request for referral to BiH withdrawn on 8 May 2007. On 31 Oct 2007, ICTY Appeals Chamber dismissed Zelenović’s appeal and affirmed the sentence.
