THE REGISTRY

QUARTERLY REPORT

MARCH 2010

This project is funded by:

Austria

Belgium

Bosnia and Herzegovina

Denmark

EU

Finland

France

Stability Pact for South Eastern Europe Sponsored by Germany

Great Britain

Greece

Ireland

Italy

Luxembourg

Norway

Portugal

Poland

Spain

Sweden

Switzerland

The Netherlands

Turkey

United States of America

Table of Contents 1. The Registry for Section I for War Crimes and Section II for Organised Crime,

Economic Crime and Corruption of the Court of BiH 7

1.1. Summary of Operations 9 1.2. Case Developments 9 1.3. 2010 Budget 14 1.4. Extension of International Judges’ Mandates 15 1.5. Implementation of the Transition Plan 16 1.6. Continued International Support 16 1.7. Activities of the Witness Support Office 17 1.8. Public Information and Outreach Section January – March 2010 18 1.9. Statistical Analysis 19 2. The Registry for the Special Department for War Crimes and the Special Department

for Organised Crime, Economic Crime and Corruption of the Prosecutor’s Office of BiH

35

2.1. Executive Summary 37 2.2. Summary of Main Changes in the PO BiH 38 2.3. Summary of Main Activities in the Special Department for War Crimes 39 2.4. Summary of Main Activities in the Special Department for Organised Crime 49 2.5. Performance Measures of the SDOC in the first quarter of 2010 56 3. Other Activities and Services of the Registry for Sections I and II of the Court of BiH

and the Special Departments of the Prosecutor’s Office of BiH 57

3.1. Summary of Activities 59 3.2. Criminal Defence Section (OKO) 62 3.2.1. Introduction 62 3.2.2. Certified Lawyers’ List 62 3.2.3. Legal Support 62 3.2.4. Defence training programme 62 3.2.5. Transition 63 4. Financial Performance 65 Executive Summary - Finance 67 4.1. Investment Performance 69 4.2. The Impact of the Registry 70 4.3. Grant Performance 71 4.4. Funds Owing 72 4.5. Cash Flow 74 4.6. Funding Table (2004 – 2009) 77 4.7. Balance Sheet for the period ended June 2009 78 4.8. International Support to the Registry for Section I for War Crimes and Section

II for Organised Crime 79

4.9. Detailed Variance Analysis 80 4.9.1. National Staff Costs 80 4.9.2. International Staff 80 4.9.3. Operating Costs 81 4.10. Staffing 83 4.10.1. National Staff Numbers 83 4.10.2. International Staff Numbers 83 4.11. Capital Investments 84 4.12. Risk Management 85 4.12.1. Pre-transition Risk 85 4.12.1.1. Donor Risk 85

4.12.1.2. Staffing Risk 85 4.12.1.3. Workload Risk 86 4.12.2. Post Transition Risk 86 5. Financial Statement Reports 87 International Support to the Registry for Section I for War Crimes and Section

II for Organised Crime 89

International Support to the Court of BiH 90 International Support to the Prosecutor’s Office of BiH 91 International Support to Common Services, Defence Counsel and SIPA 92 International Support Services 93 International Support to Infrastructure Works 94 6. Donor Financial Statement Reports 95 Austria AT01 Austria Restricted 97 AT02 Austria Restricted 97 AT03 Austria Restricted 97 AT04 Austria Restricted 98 Bosnia and

Herzegovina BH01 Bosnia and Herzegovina Restricted 99

Belgium BE01 Belgium Restricted 100 Belgium BE02 Belgium Restricted 100 Switzerland CH02 Switzerland Restricted 101 CH03 Switzerland Restricted 101 CH04 Switzerland Restricted 102 CH05 Switzerland Restricted 102 Germany DE01 Germany Restricted 103 DE02 Germany Restricted 103 DE03 Germany Restricted 103 DE04 Germany Restricted 104 DE05 Germany Restricted 104 DE06 Germany Restricted 104 European Union EC01

EC02 EC03

European Union Restricted European Union Restricted European Union Restricted

105 105 105

Spain ES01 Spain Restricted 106 ES02 Spain Restricted 106 ES03 Spain Restricted 107 ES04 Spain Restricted 107 Great Britain GB02 Great Britain Restricted 108 GB03 Great Britain Restricted 108 GB04 Great Britain Restricted 108 GB05 Great Britain Restricted 109 GB06 Great Britain Restricted 109 GB07 Great Britain Restricted 109 GB08 Great Britain Restricted 110 GB09 Great Britain Restricted 110 GB10 Great Britain Restricted 110 GB11 Great Britain Restricted 111 GB12 Great Britain Restricted 111 GB13 Great Britain Restricted 111 Greece GR01 Greece Restricted 112 Ireland IE02 Ireland Restricted 113 IE03 Ireland Restricted 113 IE04 Ireland Restricted 113 Italy IT01 Italy Restricted 114

IT02 Italy Restricted 114 IT03 Italy Restricted 115 IT04 Italy Restricted 115 Luxembourg LU02 Luxembourg Restricted 116 Netherlands ND01 Netherlands Restricted 117 ND02 Netherlands Restricted 117 ND03 Netherlands Restricted 118 ND04 Netherlands Restricted 118 ND05 Netherlands Restricted 119 ND06 Netherlands Restricted 119 ND07 Netherlands Restricted 119 Norway NO02 Norway Restricted 120 NO03 Norway Restricted 120 NO04 Norway Restricted 121 NO05 Norway Restricted 121 NO06 Norway Restricted 121 NO07 Norway Restricted 122 Poland PL01 Poland Restricted 123 Sweden SE02 Sweden Restricted 124 SE03 Sweden Restricted 124 SE04 Sweden Restricted 124 SE05 Sweden Restricted 125 SE06 Sweden Restricted 125 SE07 Sweden Restricted 125 Turkey TK01 Turkey Restricted 126 TK02 Turkey Restricted 126 USA US01 USA Restricted 127 US02 USA Restricted 127 US03 USA Restricted 127 US06 USA Restricted 128 US07 USA Restricted 128 US08 USA Restricted 129 US09 USA Restricted 129 US11 USA Restricted 130 US12 USA Restricted 130 US13 USA Restricted 130 US14 USA Restricted 130 US15 USA Restricted 131 US16 USA Restricted 131 US17 USA Restricted 131 General Funds 132 Detailed Cash Flow Statement 133 7. Case Summary for the period January – March 2010 157 7.1. Case Developments in January 2010 159 7.2. Case Developments in February 2010 167 7.3. Case Developments in March 2010 179

Graphs and Tables Graphs

Graph 1.1 Courtroom utilization (hours in trial sessions) 19 Graph 1.2 Monthly Number of Sessions (Sections I and II) 19 Graph 1.3 Average length of trial session per month (War Crimes and Organised

Crime) 20

Graph 1.4 Number of indictments presented by the number of accused for January 2005 – March 2010 (Sections I and II)

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Graph 1.5 Number of active trials and the number of accused persons within above presented trials – actual and forecast (War Crimes)

21

Graph 1.6 Cumulative number of accused within confirmed indictments, first instance verdicts and final verdicts (War Crimes)

22

Graph 1.7 Number of active trials and the number of accused persons within above presented trials – actual and forecast (Organised Crime Cases)

23

Graph 1.8 Cumulative number of accused within confirmed indictments, first instance verdicts, final verdicts and final verdicts by plea agreement (Organised Crime, Economic Crime and Corruption)

24

Graph 1.9 Number of detainees/convicts presented by the phase of proceedings as of 31 March 2010 (Sections I and II)

25

Graph 2.1 Number of cases in District Prosecutor’s Offices reviewed by the PO BiH 40 Graph 2.2 Number of cases in the Cantonal Prosecutor’s Offices reviewed by the

PO BiH 40

Graph 2.3. Number of cases and accused in main trial and appellate proceedings by regional prosecution teams

44

Graph 2.4. Overview of convictions and acquittals in trial verdicts 45 Graph 2.5. Overview of convictions and acquittals in appeal verdicts 45 Graph 2.6. Number of confirmed indictments and pronounced verdicts by regional

prosecution teams (January – March 2010) 46

Graph 2.7. Number of accused in confirmed indictments and pronounced verdicts by regional prosecution teams (January – March 2010)

47

Graph 2.8. Number of orders to conduct an investigation, confirmed indictments, verdicts and Appeals (January – March 2010)

56

Graph 4.1 Pledged Funds Sources by Donor Country 69 Graph 4.2 Open Agreements – Funds Pledged, Received and Spent Project to Date 71 Graph 4.3 Funds for Seconded Staff Pledged, Received and Spent – Project to Date 71 Graph 4.4 Pledged Funds Owing by Donor 2007 to 2010 – Project to Date 73 Graph 4.5 Total National Staff Costs – Project to Date 80 Graph 4.6 Total International Staff Costs – Project to Date 81 Graph 4.7 Total Operating Costs (Exc. Depn) – Project to Date 82 Graph 4.8 Total Operating Costs (Exc. Ext. Witness, Consult., Projects, Depn. &

Disp.) 82

Graph 4.9 National Staff 83 Graph 4.10 International Staff 83

Tables Table 1.1 Monthly case activity for the period January – March 2010 26 Table 1.2 Sample of trial length in months of finalised and main trials in progress as

of 31 March 2010 27

Table 1.3 War Crimes cases finalised during the period January 2008 – March 2010 28 Table 1.4 First Instance Verdicts handed down and Appellate Decisions in War

Crimes cases as at 31 March 2010 29

Table 1.5 Plea Agreements in War Crimes Cases as of 31 March 2010 30 Table 1.6 First instance verdicts, appellate proceedings and final verdicts handed

down in Organised Crime cases during 2008-2009 period 31

Table 1.7 First instance verdicts and final verdicts pronounced in Organised Crime cases as of 31 March 2010

32

Table 1.8 Plea Agreements in Organised Crime Cases since January 2008 33 Table 2.1. Cases reviewed by the PO BiH 39 Table 4.1 Impact of the Registry 70 Table 4.2 Funds owing 72 Table 4.3 Funds received 72 Table 4.4 Capital Expenditure 84

The Registry for Section I for War Crimes and Section II for Organised Crime, Economic Crime and Corruption of the Court of BiH

• Summary of Operations

• Case Developments

• 2010 Court Budget

• Extension of International Judges’ Mandates

• Implementation of the Transition Plan

• Continued Internationl Support

• Activities of the Witness Support Office

• Public Information and Outreach Section (PIOS)

• Statistical Analysis

1. The Registry for Section I for war Crimes and Section II for Organised Crime, Economic Crime and Corruption of the Court of BiH

1.1. Summary of Operations In the first quarter of 2010, the Criminal Divisions for Sections I and II confirmed 15 indictments against 31 suspects and commenced the main trial in 12 new cases against 27 accused. In addition, during the first quarter the Criminal Division issued 10 trial verdicts against 15 defendants following full trial and 12 trial verdicts against 14 defendants on the basis of plea agreements. The Appellate Division for Sections I and II commenced 11 new appellate proceedings on appeals from trial verdicts involving 15 individuals and issued 8 second instance verdicts against 23 defendants. 1.2. Case Developments The following first and second instance verdicts were delivered during the first quarter of 2010: Section I for War Crimes:

• On 8 February 2010, the Court pronounced the First-Instance Verdict by which the accused Predrag Bastah and Goran Višković were found guilty of the criminal offence of Crimes against Humanity. The Court sentenced the accused Predrag Bastah to long-term imprisonment of 22 years and the accused Goran Višković to 18 years of imprisonment.

• On 12 March 2010, the Trial Panel pronounced the First Instance Verdict

acquitting the accused Ljubo Tomić and Krsto Josić of charges for War crimes against Civilians.

• Having considered and accepted the Plea Agreement entered into by the

Prosecutor's Office of BiH and the Accused Četić, the Court Panel handed down the Verdict, on 18 March 2010, by which the Accused Ljubiša Četić was found guilty of the criminal offence of Crimes against Humanity and sentenced to 13 years of imprisonment.

• On 6 November 2008, the Court pronounced the First-Instance Verdict finding

Mladen Blagojević guilty of the criminal offence of Crimes against Humanity and sentenced him to seven (7) years of imprisonment. The Accused Zdravko Božić, Zoran Živanović and Željko Zarić have been acquitted on all counts of the Indictment that charged them with Crimes against Humanity. On 5 October 2009 the Appellate Panel upheld the First-Instance Verdict.

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• On 5 November 2009 the Appellate Panel upheld the First-Instance Verdict in the Đokić Dragan case by which the Accused was sentenced to 12 years imprisonment for War crimes against Civilians.

• The Appellate Division, at a session of the Panel held on 1 September 2009,

rendered the Second Instance Verdict refusing the Appeal by the Prosecutor's Office as unfounded and upholding the First Instance Verdict. By the First Instance Verdict Momčilo Mandić was acquitted of the charges that he committed the criminal offenses of War Crimes against Civilians and Crimes against Humanity.

Section II for Organised Crime, Economic Crime and Corruption:

• On 28 January 2010, the Trial Panel of the Court pronounced the First-Instance Verdict finding the accused Luca Tokalić, Pero Tokalić and the legal entity of „Trock promet“ d.o.o. Novi Travnik guilty of the continued criminal offence of Tax Evasion. In that regard the Court sentenced the accused Luca Tokalić to one year of imprisonment, the accused Pero Tokalić to three years of imprisonment while the legal entity was fined with KM 80.000,00. The Court also seized unlawfully gained proceeds of KM 1,346,512.82.

• On 26 January 2010, upon consideration and acceptance of the Statement of

Guilt made by the accused Željko Smoljan, the Court pronounced the Verdict finding the accused Smoljan guilty of the criminal offence of Organized Crime in conjunction with the continued criminal offence of Illicit Trafficking in Narcotic Drugs and sentencing him to four years of imprisonment. The Court seized from the accused unlawfully gained proceeds of Euro 10.575,00 and KM 61,00.

• On 28 January 2010, upon consideration and acceptance of the Statement of

Guilt, the Court pronounced the Verdict finding the accused Mario Jukić guilty of the criminal offences of Illicit Trafficking in Narcotic Drugs and Obstruction of Justice and sentencing him to a compound prison sentence in the duration of six years. The Court also seized unlawfully gained proceeds of Euro 33.000,00.

• On 2 February 2010, the Trial Panel of the Section II for Organized Crime,

Economic Crime and Corruption of the Court pronounced the First-Instance Verdict by which the accused Sead Salihbegović was found guilty of the criminal offence of Tax Evasion and sentenced to two years of imprisonment. As an accessory punishment the Court fined the accused Salihbegović with KM 20.000,00. The Court also seized unlawfully gained proceeds from the accused KM 336.588,36.

• On 16 February 2010, the Court pronounced the First-Instance Verdict,

finding the accused Kovačević guilty of the continued criminal offence of Tax Evasion and the legal entity of “Kiwi” d.o.o. Bugojno guilty of the criminal offence of Tax Evasion. In that regard, the Court sentenced the accused Kovačević to one year of imprisonment while the legal entity “Kiwi” d.o.o. Bugojno was fined with the amount of KM 20.000,00. The Court seized the

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ill-gotten gains from the accused Kovačević in the amount of KM 104.495,00 which equals the amount of evaded tax.

• On 4 February 2010, the Trial Panel of the Section II for Organized Crime,

Economic Crime and Corruption of the Court pronounced the First-Instance Verdict by which Zoran Dereta, Rasim Handanović and Asim Sušić were found guilty of the criminal offence of Associating for the Purpose of the Perpetration of Criminal Offences and the criminal offence of Smuggling of Persons and imposed a compound sentence of eight months on each. The sentence shall not be executed if the accused do not commit a new criminal offence within one year as of the day the Verdict becomes final.

• On 18 February 2010, the Court pronounced the First-Instance Verdict

acquitting the accused Damir Omerbegović of the charge of Illicit Trafficking in Narcotic Drugs.

• On 26 February 2010, the Court pronounced the First-Instance Verdict finding

the Accused Marinko Čavar guilty of Tax Evasion and sentencing him to suspended 11 months imprisonment sentence and KM 50.000,00 fine.

• On 26 February 2010, the Court pronounced the First-Instance Verdict finding

the accused Aleksandar Matković, Duško Jovičić and Vanja Matković guilty of the criminal offence of Counterfeiting of Money. The accused Vanja Matković was also found guilty of the criminal offence under Article 52 of the Canton Sarajevo Weapons Law. In that regard the Court sentenced the accused Aleksandar Matković to four years of imprisonment, Duško Jovičić to two years of imprisonment while the Court imposed a compound sentence on Vanja Matković in the duration of one year and four months. All of the accused were acquitted of the charge of Organized Crime in conjunction with the criminal offence of Counterfeiting of Money. The accused Aleksandar Matković was also acquitted of the charge of the criminal offence under Article 52 of the Canton Sarajevo Weapons Law while the accused Vanja Matković was acquitted of the charge of Obstruction of Justice. The Court seized the counterfeited banknotes from the accused Duško Jovičić.

• On 11 March 2010, the Court of Bosnia-Herzegovina handed down the First-

Instance Verdict finding the accused Vinko Jurić guilty of the criminal offence of Illicit Trafficking in Narcotic Drugs and sentencing him to a term of imprisonment of five years.

• On 17 March 2010 the Court of BiH pronounced the First-Instance

Verdict finding the accused Ante Tomas guilty of the criminal offense of Illicit Trafficking in Narcotic Drugs and sentencing him to imprisonment for a term of 10 years. The unlawfully gained proceeds of Euro 51,000.00 shall be forfeited from the accused. The narcotic drug heroin in the quantity of 5,935.746 g and other objects used in or obtained by the commission of the criminal offense shall also be forfeited.

• On 14 January 2010, the Court accepted the Plea Agreement and delivered the First-Instance Verdict finding Dragan Perišić guilty of the criminal offence of Organized Crime in conjunction with the criminal offence of Illicit Trafficking

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in Narcotic Drugs and sentencing him to one year and six months of imprisonment. The Court also seized the profit in the amount of Euro 3,000.00 which the accused Perišić gained by the perpetration of the criminal offence.

• On 21 January 2010, upon consideration and acceptance of the Plea

Agreement entered into by the accused Agan Kadušić and the Prosecutor's Office of BiH, the Court pronounced the Verdict by which the accused Kadušić was found guilty of the criminal offence of Organized Crime in conjunction with the criminal offence of Smuggling of Persons and sentenced to three years of imprisonment.

• On 17 February 2010, having considered and accepted the Plea Agreement

concluded between the Prosecutor’s Office of BiH and the accused Milan Vuknić, the Court announced the Verdict finding the accused Vuknić guilty of the criminal offence of Illicit Trafficking in Narcotic Drugs and sentenced him to three years of imprisonment. The Court also ordered the forfeiture of items used for the perpetration of the criminal offence and the forfeiture of illegal gains acquired by the perpetration of the criminal offence, totalling Euro 2,400.00 and KM 60.00.

• On 8 February 2010, having considered and accepted the Guilty Plea

Agreement concluded by the Prosecutor's Office of BiH and the accused Samir Bibić the Court delivered the Verdict finding the accused Bibić guilty of the criminal offence of Organized Crime in conjunction with the continued criminal offence of Illicit Trafficking in Narcotic Drugs. Samir Bibić was sentenced to three years and six months imprisonment. The Court also confiscated the ill-gotten proceeds from the accused Bibić in the amount of Euro 15,000.00.

• On 8 February 2010, having considered and accepted the Guilty Plea

Agreement concluded by the Prosecutor's Office of BiH and the accused Ismet Graca the Court delivered the Verdict finding the accused Graca guilty of the criminal offence of Organized Crime in conjunction with the continued criminal offence of Illicit Trafficking in Narcotic Drugs. The accused Ismet Graca was sentenced to one year and six months imprisonment. The Court also confiscated the ill-gotten proceeds from the accused Graca in the amount of Euro 3,000.00.

• On 9 February 2010, having accepted the Plea Agreement entered into by the

Prosecutor's Office of BiH and the accused Vesko Grubač, the Court pronounced the Verdict by which the accused Grubač was found guilty of the criminal offence of Organized Crime in conjunction with the criminal offence of Illicit Trafficking in Narcotic Drugs and sentenced to one year of imprisonment.

• On 4 March 2010, having accepted the Plea Agreement made between the

Prosecutor’s Office of BiH and the accused Amir Ibrahimi, the Court pronounced the Verdict by which the accused Ibrahimi was found guilty of Serious Criminal Offences against Safety of Persons and Property in

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conjunction with the criminal offence of Provoking General Danger and sentenced to two years imprisonment.

• On 8 March 2010, having accepted the Plea Agreement made between the

Prosecutor’s Office of BiH and the accused Aleksandar Todorović, the Court pronounced the Verdict by which the accused Todorović was found guilty of Organized Crime in conjunction with the continued criminal offence of Illicit Trafficking in Narcotic Drugs and sentenced to one year imprisonment. The unlawfully gained proceeds in the amount of KM 11.380,00 were seized from the accused.

• On 1 December 2009 session of the Appellate Panel of Section II for

Organised Crime, Economic Crime and Corruption of the Court has been held and Second-Instance Verdict passed in the Ivan Gavran case by which the Trial Verdict of 12 November 2008 was partially modified in the sentencing part in which the accused was found guilty of the continued criminal offence of Tax Evasion and sentenced to four months of imprisonment. In other parts the First-Instance Verdict remained unchanged.

• On 3 March 2010, the Second Instance Verdict was dispatched in the Ramić

Sabro case by which the First Instance Verdict was revised in the sentencing part and the Accused Ramić Sabro sentenced to five years imprisonment for Organised Crime in conjunction with Illicit Trafficking in Narcotic Drugs.

• On 3 March 2010, in the Zoran Đerić et al. case, the Court dispatched the

Second-Instance Verdict by which the Trial Panel's Verdict of 24 June 2008 was upheld in the part dismissing the charges against the accused Zoran Đerić, Perica Bundalo, Rodoljub Trkulja and Stojko Blagojević, of the criminal offence of Criminal Association. The First-Instance Verdict was also upheld in the part acquitting the accused Mladen Ivanić, of the criminal offence of Criminal Association, the accused Mladen Ivanić, Zoran Đerić, Perica Bundalo, Rodoljub Trkulja and Stojko Blagojević, of the criminal offence of Incitement to Abuse of Office or Official Authority, the accused Mladen Ivanić and Perica Bundalo, of the criminal offence of Giving Gifts and Other Forms of Benefit, the accused Zoran Šupeta, Dragiša Dragutinović, Zdenko Sakan, Milorad Marjanović, Mirko Rokvić, Radenko Borojević and Novica Davidović, of the criminal offence of Abuse of Office or Official Authority. The First-Instance Verdict was revised in the sentencing part pertaining to the accused Miro Jurišić and sentenced him to a compound sentence of 4 years of imprisonment and a fine in the amount of KM 10.000,00. The First-Instance Verdict in relation to the accused Mladen Ivanić was revoked and a retrial was ordered before the Appellate Panel.

• The Appellate Panel of the Court dispatched the Second Instance Verdict in

the Bulatović Zoran case by which the First Instance Verdict was upheld, as delivered on 24 September 2009 sentencing the accused was to three years of imprisonment and KM 10,000.00 fine for Money Laundering.

• In the Ibrahim Nuhanović et al case, on 24 March 2010 the Appellate Panel

delivered the Second Instance Verdict by which the First Instance Verdict

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from 26 June 2009 was revised in the sentencing part convicting the Accused Nuhanović to six years imprisonment and Sanel Pezic to four years of imprisonment Sentence for Organised crime in conjunction with Continued criminal offence Smuggling of Persons.

1.3. 2010 Court Budget The Court and the Registry have continued with activities aimed at securing sufficient funding from the State in 2010. In 2009, the Court, at the preparatory stage, applied for the full amount of the final forecast of KM 12,857,000.00 in order to fund all Court activities for 2010. As such, the budget showed an increase of 17.20% in relation to the approved 2009 Budget and the aim of the proposed Budget was to create minimum preconditions for the Court to carry out all necessary activities even if international presence was not to be extended beyond December 2009. This increase was intended to cover the completion of the implementation of the Registry transition, that is, appointment of 9 additional judges to replacing the international ones, and the transition of 24 Registry staff to the Court of BiH as planned. Allocation of additional funds was timely approved in the regular Parliamentary procedure, resulting in the budget of KM 12,220,000.00, approximately 5%, that is KM 637,000.00, less then claimed. Unfortunately, the said balance in the Court’s Budget was intended for funding of operational costs. This will likely result in difficulties to meet the liabilities pertaining to the costs of witnesses and defense from the State Budget. The Court will, therefore, have to rely on further support of the Registry and international community funds in the upcoming period. It is realistic to expect that the adopted 2010 Budget will cover most of the Court’s needs and activities expected during the year. However, the delayed decision on the international judges’ mandate beyond 2009 and consequent difficulties related to the Registry Budget might have potential impact on the execution of the Court’s Budget in 2010 as well. A delay in the appointment process of 9 national judges will adversely affect the rate of the Budget execution at the end of the year. The delay in the process of the Registry staff integration to the Court for which funds have been secured in the Court’s Budget will have the same impact. However given the problems the Registry had with its own Budget all these positions intended for transition could not be filled in a timely manner. Given all the circumstances, both in relation to the budgetary issues and possible effects of the implementation of the National Strategy for the War Crime Cases on the Court of BiH, it is clear that the Court and the Registry will have to make a detailed analysis of the Court needs in the coming period. Once all vacant posts for national judges are filled and once the analysis of all war crimes cases within the National Strategy for the War Crime Cases is completed, the Court and the Registry will analyze the need for potential further increase in number of judges and of other support staff, as well as the need for additional expenses in relation to the efficient work of the Court. This obligation stems from the Decision of the High Representative on the Law on Amendments to the Law on Court of Bosnia and Herzegovina of 14 December 2009.

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In relation to that obligation, the Court and the Registry underlined on several occasions during the reporting period that both institutions remain committed to undertake all necessary measures during 2010 – 2012 in order to secure full sustainability of the Court in 2013 when the State of BiH is expected to take over all the financial and administrative responsibilities for the functioning of the Court. The following issues were stressed as especially important for the proper functioning of the Court:

• Implementation of the National War Crime Prosecution Strategy; • Establishment of conditions for the timely replacement of international

judges; • Adequate provision of funding by the State of BiH; • Finding a solution for the space problem the judicial institutions face; • Adoption of necessary legislation to address the need for organizational

changes in the Court in order to achieve better efficiency; • Implementation of the public information strategy • Finding a solution for insufficient of custody and prison facilities.

1.4. Extension of International Judges’ Mandates The Decisions of the High Representative of 14 December 2009, which passed the Law on Amendments to the Law on the Court of BiH, provided a legal basis for the continued presence of internationals at the Court of BiH beyond 2009. Pursuant to the December 2009 Law on the Court of BiH, the mandate of international judges was extended until 31 December 2012 and in January 2010 the Court submitted to the High Judicial and Prosecutorial Council the General Plan of Assignment of International judges in the Court of Bosnia and Herzegovina 2010 - 2012, having received the Transition Council’s recommendations. This General Plan was adopted and the HJPC made necessary appointments in order to provide for the necessary presence of international judges in the Section I for War Crimes of the Criminal and Appellate Division of the Court of BiH during the whole transitional period. The presence and planned dynamics of departure of the present international judges is as follows:

June 2010: 7 international judges will remain in the court until this period June 2010 – October 2011: 3 international judges will gradually depart during

this period (out of 6 in total) During 2012: 3 international judges shall gradually depart

The aforesaid plan should be treated only as a framework, accounting for the possibility of an early termination of mandate (such as judge’s departure, shortage of funds, earlier completion of case etc.) as well as an extension of mandate (to allow for completion of ongoing cases).

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1.5. Implementation of the Transition Plan In the first quarter of 2010 a total of 16 national judges have been assigned to panels dealing with the war crime cases, both in the 1st and 2nd instance. In addition to this number, 6 international judges have been assigned to work with national judges in the same panels. At the same time, all panels dealing with organized crime cases are fully nationalized. In the period January – March 2010, there were four 1st instance panels in the War Crime Section and three 1st instance panels in the Organized Crime panels. At the same time there were four second instance panels dealing with appeals against verdicts issued by 1st instance panels of the Criminal Division. Since the 2010 Budget provided for necessary funds for the implementation of the transitional plan, in the first quarter of 2010, the Court has been in a position to integrate already a number of the Registry staff who were planned for integration during the last year. The Court has made a plan for further integration in 2010, in accordance with the adopted recommendations of the Transition Council and the Court needs which would enable the Registry to successfully integrate 22 positions into the Court. It will bring the total number of integrated positions to 82 out of planned 84 posts. The remaining positions will be transferred only at the end of the project. 1.6. Continued International Support On 16th February 2010 the Donor’s Conference was held at which donors have voiced their continued financial and political support to the Registry and the Court, and have confirmed their financial support during the transitional period. The funds pledged to the Registry are indeed significant and can cover operation costs for 2010 but the situation remains uncertain for 2011 and 2012. The Court and the Registry believe that continued international support for the period 2010-2012 will be critical to ensuring the future of the Court. Continued international assistance is still required to: sustain current investments to date; bridge the transition of budgetary responsibility from the Registry to the State; further improve the capacities of both institutions; and safeguard the independence of the Court from political interference through the State budget. The Court and the Registry further believe that long-term support, that is, support that is confirmed through 2012, will allow the Court and the Registry to pursue a strategy that maintains and further improves institutional capacities while ensuring the sustainability of investments in national capacities upon full transition of budgetary responsibility to the State. In light of these considerations, the Court and the Registry for the Court have prepared a joint three-year framework plan for the engagement of international support in order to achieve full sustainability after the transitional period, that is, beyond 2012.

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1.7. Activities of the Witness Support Office During the period January – end of March 2010 the Witness Support Office of the Court of BiH has provided support for 159 witnesses in total who have testified in cases before Section I, Section II and Section III of the Court of B&H.

2010

SECTION II AND III WAR CRIMES APPELLATE DIVISION

Witnesses Witnesses Witnesses Month

VL Defense Prosecution VL Defense Prosecution VL Defense Prosecution

Total in

month

January 0 0 2 1 12 7 0 0 0 20

February 0 0 12 2 34 36 0 0 0 84

March 0 0 6 1 20 28 0 0 0 55

Total I 0 0 18 4 66 71 0 0 0

Total II 18 141 0 Total number of witnesses in period JAN - MAR 2010 159

Support to Witnesses in Section I of the Court of BiH. 159 witnesses in total have testified and were provided support in the Section I of the Court of BiH. 71 witnesses were proposed by Prosecution, 66 witnesses were proposed by Defence and 4 witnesses have testified through Video Link Conference from other Courts for the Court of B&H. Support to Witnesses in Section II and Section III of Court of BiH. Witness Support Office has provided support and assistance to 18 witnesses from Section II and III of Court of BiH, who have been proposed by the Prosecution. Support to witnesses during pronouncement of verdicts in Section I of the Court of BiH cases From January until end of March 2010 WSO, in cooperation with witnesses and victim associations have organised attendance at a hearing for verdict pronouncement in the Section I of the Court of BiH. WSO has organised the event in close cooperation with PIOS and Court security. Since pronouncement of verdicts is usually accompanied by intensive emotional reactions of victims, witnesses and/or family members who attend WSO staff are always present to promptly provide necessary assistance as the need arises.

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1.8. Public Information and Outreach Section (PIOS) In the first quarter of 2010, the Public Information and Outreach Section continued with its regular activities providing information about the work of the Court of BiH. During the reporting period, the Public Information and Outreach Section organized 10 visits to the Court by both national and international students as well as representatives of different organizations. Court staff made presentations to provide the visitors with relevant information on the work and activities of the Court. The visitors had been able to see the courtrooms, attend trials and ask questions. During the reporting period, a total of 214 persons visited the Court of BiH. PIOS continued distributing its regular press releases to the national and foreign media. From January till March 2010 a total of 99 press releases were distributed and published on the web site. PIOS also continued distributing Weekly Review of the Activities of the Court which combine a summary of all the hearings held during the given week and other activities of the Court. During the reporting period a total of 13 weekly reviews were distributed and published on the web site. In addition PIOS processed 259 requests for audio-video materials from the Court. In February 2010, PIOS held a meeting with representatives of the Association of Court Reporters, AIS, at which participants discussed issues that arise in court reporting.

18

1.9. Statistical analysis The courtroom activity during the first quarter of 2010 is presented in the following three diagrams. The presented values (Courtroom utilization, Monthly number of sessions and Average trial session length per month) reflect the total number of sessions held and hours spent in the courtroom at all hearings.

Courtroom utilisation (hours in trial session)

0

50

100

150

200

250

Mar-0

9

Apr-0

9

May-0

9Jun

-09Jul

-09

Aug-0

9Se

p-09

Oct-0

9

Nov-0

9

Dec-0

9Jan

-10Fe

b-10

Mar-1

0

Hou

rs in

tria

l ses

sion

Section I Section II

- Graph 1.1. -

Monthly number of sessions (Sections I and II)

0

20

40

60

80

100

120

Mar-0

9Ap

r-09

May-0

9Jun

-09Jul

-09

Aug-0

9Sep

-09Oc

t-09

Nov-0

9De

c-09

Jan-10

Feb-10

Mar-1

0

Num

ber o

f ses

sions

Section I Section II

- Graph 1.2. -

19

Average trial session length per month(War Crimes and Organised Crime)

0.00

0.50

1.00

1.50

2.00

2.50

3.00

Mar-0

9

Apr-0

9

May-0

9Jun

-09Jul

-09

Aug-0

9Se

p-09

Oct-0

9

Nov-0

9

Dec-0

9Jan

-10Fe

b-10

Mar-1

0

Ave

rage

sess

ion

leng

th

War Crimes Organised Crime

- Graph 1.3. -

During the period January – March 2010, 15 indictments including 31 accused were confirmed. Out of that number, 7 indictments involving 11 accused were confirmed in war crimes cases and 8 indictments involving 20 accused were confirmed in organised crime cases. The average number of accused per indictment during this period was 1.6 persons per indictment in war crimes cases and 2.5 persons per indictment in organised crime cases.

Number of Indictments presented by the Number of AccusedJanuary 2005 - March 2010

(Sections I and II)

68

148

3 1 1

71

25

159

3 3 5 2 1 2 1 1 10

10

20

30

40

50

60

70

80

1 2 3 4 5 6 7 8 9 10 11 12 13 28

No. of Accused

No.

of I

ndic

tmen

ts

War Crimes Organised Crime, Economic Crime and Corruption

- Graph 1.4. -

20

- Graph 1.5. -

During the reporting period, approximately 14 trials in war crimes cases per month were in progress. The trial panel capacity forecast is 3,5 ongoing main trials at any time per each one of the four fixed panels. Besides the ongoing trial cases, judges have also acted in cases in different phases on a daily basis (preliminary procedure – issuing various orders, detention orders; preliminary hearing – indictments, plea hearings, preliminary objections, sitting on 24/6 panels, etc.). These tasks take a significant amount of judicial time. Therefore the capacity with reference to the number of ongoing main trials at any time does not present full judicial capacity; it is rather one of the most significant factors.

Number of trials - actual and forecast (War Crimes)

02468

101214161820

Mar-0

9

Apr-0

9

May-0

9Jun

-09Jul

-09

Aug-0

9

Sep-0

9oct

-09

Nov-0

9De

c-09

Jan-10

Feb-1

0

Mar-1

0

Case

s in

trial

No of Cases

New Forecast (Cases)

Number of accused within above presented trials- actual and forecast -

0

5

10

15

20

25

30

35

40

45

Mar-0

9

Apr-0

9

May-0

9Jun

-09Jul

-09

Aug-0

9Se

p-09

oct-09

Nov-0

9

Dec-0

9Jan

-10Fe

b-10

Mar-1

0

No

of a

ccus

ed

No of Accused

New Forecast (Accused)

21

There are some other issues which can greatly affect court's ability for timely processing of incoming cases which can not be approximated nor predicted. One of them is the number of indictments coming from lower courts and being forwarded from the Court to the Prosecutor’s Office for modifications. During the reporting period, 14 indictments were in the phase of modification by the Prosecutor’s Office. Such indictments can be delivered to the Court at any time adding significantly to the judicial workload.

Cumulative number of accused within confirmed indictments, first instance verdicts, plea agreements and second instance verdicts

(War Crimes)

0

20

40

60

80

100

120

2007 2008 2009 Jan-10 Feb-10 Mar-10

No

of a

ccus

ed

Confirmed Indictments First instance verdicts Final verdicts Plea agreements

- Graph 1.6. - During the first quarter of 2010, 2 first instance verdicts against 4 individuals were delivered. The total number of 3 final verdicts involving 6 individuals were delivered. There was 1 plea agreement involving 1 individual.

22

- Graph 1.7. -

In January 2010 it was necessary to revise the judicial capacity forecast from March 2009 due to the appointment of additional judges and formation of the third organised crime trial panel. The work of organised crime trial panels is specific for numerous reasons and it is difficult to make any forces of their capacity due to the following factors:

- depending on the criminal act and proposed criminal sanction, it is possible for an individual judge to try a case(Article 24 Paragraph 2 of the CPC BiH states: ˝An individual judge shall try all criminal cases for which the principal punishment of a fine or an imprisonment sentence of up to ten (10) years is prescribed by law.˝

Number of trials - actual and forecast (Organised Crime)

0

5

10

15

20

25

30

35

Mar-0

9

Apr-0

9

May-0

9Jun

-09Jul

-09

Aug-0

9Se

p-09

oct-09

Nov-0

9

Dec-0

9Jan

-10Fe

b-10

Mar-1

0

Case

s in

trial No of Cases

New Forecast (Cases)

Old Forecast (Cases)

Number of accused within above presented trials - actual and forecast -

01020

30405060

7080

Mar-0

9

Apr-0

9

May-0

9Jun

-09Jul

-09

Aug-0

9Se

p-09

oct-09

Nov-0

9

Dec-0

9Jan

-10Fe

b-10

Mar-1

0

No

of a

ccus

ed No of Accused

New Forecast (Accused)

Old Forecast (Accused)

23

- All Section II judges are also assigned to Section III panels, and they work on all general crimes (Section III) cases in addition to organised crime cases.

Analysing the number and the nature of cases in main trial, it was concluded that the maximum number of cases in trial at anyone time per panel is seven cases per organised crime panel (including cases with individual judges as trial judges). During 2009, due to the lack of organised crime judges, war crimes judges were assigned to organised crime cases to help deal with the excessive caseload. Organised crime cases usually involve a significant number of individuals. These cases are frequently subject to case severance due to the limited courtroom capacity, guilty plea or plea agreement with the Prosecutor's Office of one of the Accused and other numerous reasons. Judges also deal with various obligations related to cases in different case phases such as: preliminary proceedings (issuing various orders and ordering custody), indictments (confirming indictments, plea hearings, resolving preliminary objections, etc.), acting in 24/6 panels, etc. As the dynamic of incoming cases frequently changes it is extremely hard to achieve accurate predictions. This dynamic will be closely monitored and the forecast adjusted the need arises.

Cumulative number of accused within confirmed indictments, first instance verdicts, plea agreements and second instance verdicts

(Organised Crime, Economic Crime and Corruption)

0

50

100

150

200

250

300

2007 2008 2009 Jan-10 Feb-10 Mar-10

No

of a

ccus

ed

Confirmed Indictments First instance verdicts Final verdicts Plea agreements

- Graph 1.8. - During the reporting period there were 8 first instance verdicts against 11 individuals, 111 verdicts on the basis of a plea agreement against 13 individuals and 5 second instance verdicts against 17 individuals delivered in organised crime cases.

1 In two cases the two accused pleaded guilty.

24

Number of detainees presented by the phase of proceedings as of 31 March 2010(Sections I and II)

0

5

10

15

20

25

30

35

40

No

of d

etai

nees

/con

vict

s

War Crimes 11 21 6 6 1 1

Organis ed Crime 11 13 5 1 0

P re liminary pro ceedings

Tria l/Tria l P repara tio n

Firs t Ins tance Verdic t

Appella te P ro ceedings

Seco nd Ins tance Verdic t

Third Degree P ro ceedings

- Graph 1.9. -

25

Janu

ary

2010

Febr

uary

201

0

Mar

c h 2

010

Janu

ary

2010

Febr

uary

201

0

Mar

ch 2

010

Tot

al

CO

NFI

RM

ED

IND

I CTM

ENT S

NEW

MA

IN T

RIA

L S

CO

MM

ENC

ED

(eac

h m

ain

trial

is c

ount

ed o

nce

only

ove

r th e

pre

sent

ed p

e rio

d)

FIR

ST IN

STA

NC

E V

ERD

ICT S

REN

DE R

EDA

PPEL

LATE

PR

OC

EED

ING

IN

ITIA

TED

AG

AIN

ST

FIR

ST IN

STA

NC

E V

ERD

ICTS

FIN

AL

VER

DIC

T S

PLE

A A

GR

EE

ME

NTS

SECTION IWar Crimes

SECTION IIOrganised Crime, Economic Crime

and Corruption

OC

tota

l

Num

ber o

f acc

used

Tab l

e 1.

1 -

Mon

thly

cas

e ac

tivity

for t

he p

erio

d Ja

nuar

y –

Mar

ch 2

010

Sec t

ions

I an

d II

– T

otal

Num

ber

of A

ctiv

e T

rial

s and

Tri

al P

r epa

ratio

ns a

s at

31

Mar

ch 2

009

2 40 0

0 01 1

0 01 1

1 21 1

5 71 1

1 21 1

3 115 14

2 32 3

3 61 1

4 64 6

2 34

22

15 3112 27

10 1511 15

20 37

8 201 0 25

8 118 12

1 6 30

14 37 14 36 14 34

6* 8

WC

tot a

l7 11

2 22 4

3 34 7

3* 31 1 0 0

AT

THE

END

OF

EAC

H M

ON

TH

AC

TIV

E TR

IALS

TRIA

L P R

EPA

RA

TIO

NS 1 1 2 4 1 3

32 71 27 59 2 9

6 1 1 9 17 8

43 104

9 2 1

1 10 0

0 03 60 0

0 0

102

32 2

4 167 0

18

* In

two

case

s the

two

Acc

used

ple

aded

gui

lty

26

Tabl

e 1.

2Sa

mpl

e of

tria

l len

gth

in m

onth

s of f

inal

ised

and

mai

n tri

als i

n pr

ogre

ss a

s of 3

1 M

arch

201

0Se

ctio

nPh

ase

Cas

e N

ame

No

of

Šefik

Alić

1Zd

ravk

o M

ihal

jević

1Sr

eten

Laz

arev

ić e

t al

4M

arko

Rad

ić e

t al.

4K

rsto

Sav

ić e

t al .

2M

iodr

ag N

ikač

ević

1

Zrin

ko P

inčić

1R

ade

Ves

elin

ović

1

Mom

ir Sa

vić

1A

nte

Kov

ač1

Milo

rad

Trbić

1R

atko

Bun

dalo

et a

l.3

Pred

rag

Kuj

undž

ić

1St

ojan

Per

ković

1Pr

edra

g B

asta

h et

al.

2Lj

ubo

Tom

ić e

t al.

2

Nis

et G

asal

et a

l.4

Suljo

Kar

ajić

1G

ojko

Klič

ković

3V

ukov

ić R

adom

ir2

Ada

mov

ić e

t al.

3R

adoj

e La

lović

et a

l.3

Mom

ir Pe

lem

iš e

t al.

2Zo

ran

Bab

ić e

t al.

6M

ehur

a Se

limov

ić e

t al.

3Že

ljko

Ivan

ović

1Sa

ša Z

ečev

ić e

t al

5A

li ja

Osm

ić1

Dar

ko D

olić

1

Vin

ko S

avić

1M

idha

t Baš

ić

1H

arač

ić E

lvi r

1Zi

jad

Poljo

et a

l.3

Kar

ić S

edin

et7

Suad

Gla

vinić

2M

unib

Uša

nović

2D

raga

n Po

pović

1D

amir

Mih

alj

1N

isve

t Dur

atov

ić e

t al.

2Pe

ro T

okal

ić e

t al

2A

leks

anda

r Mat

ković

et a

l3

Vin

ko Ju

ri ć1

Ant

o To

mas

2D

amir

Om

erbe

gović

1G

oran

Bilić

et a

l11

Sead

Sal

ihbe

gović

1D

elib

ašić

Eze

din

1K

ovač

i Gan

i3

Salih

Alib

ašić

et a

l4

Emir

Terz

i ć1

Sule

jma

Klo

pić

1M

aric

a Ć

ulum

et a

l.5

Edhe

m B

ičakčić

et a

l2

Đid

ić S

uvad

et a

l .2

Fadi

l Jag

anja

c1

Den

i Dau

tović

1Đ

orđe

Ždr

ale

1A

gan

Kad

ušić

et a

l2

Alm

ir Ša

ljić

et a

l5

Ala

n K

ambe

rović

2K

enan

Kur

tović

1

Not

e: C

ases

with

fina

l ver

dict

s han

ded

dow

n , c

ases

in w

hich

a tr

ial i

s del

ayed

for a

num

ber o

f rea

sons

and

cas

es w

ith tr

ials

whi

ch st

arte

d le

ss th

an a

mon

th b

efor

e th

e en

d of

the

repo

rting

per

iod

are

excl

uded

28 m

onth

sWar Crimes

Finalised Trials Ongoing Trials

20 m

onth

s22

mon

ths

24 m

onth

s16

mon

ths

Organised Crime, Economic Crime and Corruption

Finalised Trials Ongoing Trials

18 m

onth

s26

mon

ths

Tri

al L

engt

h2

mon

ths

4 m

onth

s6

mon

ths

8 m

onth

s10

mon

ths

12 m

onth

s14

mon

ths

27

Peke

z(M

ile)M

irko

sent

ence

d to

29

year

s of l

ong

term

impr

ison

men

t, Pe

kez

(Špi

re) M

irko

sent

ence

d to

14

year

s im

pris

onm

ent,

Savić

Milo

rad

sent

ence

d to

21

yea

rs o

f lon

g te

rm im

pris

onm

ent.

Con

vict

ion

and

sent

ence

of 8

yea

rs im

pris

onm

ent.

T abl

e 1 .

3-

War

Cr im

e s c

ase s

f ina

lize d

d uri n

g th

e pe

riod

Janu

ary

2008

– M

arch

201

0FI

RST

INST

AN

CE

VER

DIC

TA

PPE

LL

AT

E P

RO

CE

ED

ING

SFI

NA

L V

ER

DIC

TC

ASE

NA

ME

Sam

ardž

ija M

arko

sen

tenc

ed to

26

year

s of l

ong

term

impr

ison

men

t.Th

e A

ppel

late

Pan

el re

voke

d th

e fir

st in

stan

ce v

erdi

ct a

nd o

rder

ed a

retri

al.

Sam

ardž

ija

Nik

ola

And

run

conv

icte

d an

d se

nten

ced

to 1

3 ye

ars i

mpr

ison

men

t.A

ndru

n

SECTION I – WAR CRIMES

The

App

ella

te P

anel

revo

ked

the

first

inst

ance

ver

dict

and

ord

ered

a re

trial

.

Rad

milo

Vuk

ović

con

vict

ed a

nd se

nten

ced

to 5

yea

rs a

nd 6

mon

ths i

mpr

ison

men

tV

ukov

ićTh

e A

ppel

late

Pan

el re

voke

d th

e fir

st in

stan

ce v

erdi

ct a

nd o

rder

ed a

retri

al.

Nen

ad T

anas

ković

sent

ence

d to

12

year

s im

pris

onm

ent.

Tan

asko

vić

The

App

ella

te P

anel

revi

sed

the

first

inst

ance

ver

dict

.K

rešo

Luč

ić se

nten

ced

to 6

yea

rs im

pris

onm

ent.

Luč

ićTh

e A

ppel

late

Pan

el re

voke

d th

e fir

st in

stan

ce v

erdi

ct.

Jadr

anko

Pal

ija re

ceiv

ed c

ombi

ned

long

term

28

year

s im

pris

onm

ent s

ente

nce.

Palij

aTh

e A

ppel

late

Pan

el c

onfir

med

the

first

inst

ance

ver

dict

.C

onvi

ctio

n an

d se

nten

ce o

f 28

year

s lon

g te

rm im

pris

onm

ent.

Con

vict

ion

and

sent

ence

of 1

8 ye

ars i

mpr

ison

men

t

Acq

uitta

l

Con

vict

ion

and

sent

ence

of 7

yea

rs im

pris

onm

ent.

Acq

uitta

l

Raš

ević

Mita

r sen

tenc

ed to

8 y

ears

and

6 m

onth

s im

pris

onm

ent.,

Sav

o To

dović

sent

ence

d to

12

year

s and

6 m

onth

s im

pris

onm

ent.

The

appe

llate

pan

el re

vise

d th

e fir

st in

stan

ce v

erdi

ct re

gard

ing

Raš

ević

Mita

r an

d co

nfirm

ed th

e re

st o

f it.

Todo

rović

Mirk

o an

d R

adić

Milo

š sen

tenc

ed to

17

year

s im

pris

onm

ent e

ach.

Th

e ap

pella

te p

anel

revi

sed

the

first

inst

ance

ver

dict

rega

rdin

g th

e cr

imin

al

sanc

tion

and

conf

irmed

the

rest

of i

t.Le

lek

Željk

o se

nten

ced

to 1

3 ye

ars i

mpr

ison

men

t.Th

e ap

pella

te p

anel

revi

sed

the

first

inst

ance

ver

dict

.

Vrd

olja

k Iv

ica

sent

ence

d to

5 y

ears

impr

ison

men

t.Th

e ap

pella

te p

anel

con

firm

ed th

e fir

st in

stan

ce v

erdi

ct.

Mita

r Raš

ević

sent

ence

d to

7 y

ears

impr

ison

men

t and

Sav

o To

doro

vić

sent

ence

d to

12

year

s and

6 m

onth

s im

pris

onm

ent.

Mirk

o To

doro

vić

conv

icte

d to

13

year

s im

pris

onm

ent a

nd M

iloš R

adić

co

nvic

ted

to 1

2 ye

ars i

mpr

ison

men

t.Že

ljko

Lele

k co

nvic

ted

to 1

6 ye

ars i

mpr

ison

men

t.

Vrd

olja

k Iv

ica

conv

icte

d to

5 y

ears

impr

ison

men

t.

Raš

ević

and

A

noth

erT

odor

ović

and

A

noth

erL

elek

Vrd

olja

k

Peke

z M

irko

(Mile

) sen

tenc

ed to

29

year

s of l

ong

term

impr

ison

men

t, Pe

kez

Mirk

o (Š

piro

) and

Sav

ić M

ilora

d se

nten

ced

to 2

1 ye

ars o

f lon

g te

rm im

pris

onm

ent e

ach.

Peke

z an

d O

ther

sTh

e ap

pella

te

pane

l con

firm

ed th

e fir

st in

stan

ce v

erdi

ct re

gard

ing

Peke

z M

irko

(Mile

)and

revo

ked

the

first

inst

ance

ver

dict

rega

rdin

g Pe

kez

Mirk

o (Š

piro

) and

Sa

vić

Milo

rad

and

orde

red

a re

trial

.

Kap

ić S

uad

acqu

itted

Kap

ić S

uad

The

appe

llate

pan

el re

voke

d th

e fir

st in

stan

ce v

erdi

ct a

nd o

rder

ed a

retri

al.

Kur

tović

Zija

d se

nten

ced

to si

ngle

11

year

s im

pris

onm

ent s

ente

nce.

K

urto

vić

The

appe

llate

pan

el re

vise

d th

e fir

st in

stan

ce v

erdi

ct.

Mej

akić

Žel

jko

sent

ence

d to

21

year

long

term

impr

ison

men

t sen

tenc

e, G

ruba

n M

omči

lo se

nten

ced

to 1

1 ye

ars i

mpr

ison

men

t sen

tenc

e an

d K

neže

vić

Duš

ko

sent

ence

d to

31

year

s lon

g te

rm im

pris

onm

ent s

ente

nce.

Mej

akić

and

O

ther

sTh

e ap

pella

te p

anel

par

tialy

revi

sed

the

first

inst

ance

ver

dict

.

Škro

bić

Mirk

o se

nten

ced

to 1

0 ye

ars i

mpr

ison

men

t.Šk

robić

The

appe

llate

pan

el re

vise

d th

e fir

st in

stan

ce v

erdi

ct.

Ran

ko a

nd R

ajko

Vuk

ović

sent

ence

d to

12

year

s im

pris

onm

ent e

ach.

Vuk

ović

and

A

noth

erTh

e A

ppel

late

Pan

el re

voke

d th

e fir

st in

stan

ce v

erdi

ct in

con

vict

ing

and

conf

irmed

the

verd

ict i

n ac

quitt

ing

part.

Con

vict

ion

and

sent

ence

of 1

7 ye

ars i

mpr

ison

men

t.

Con

vict

ion

and

com

poun

d se

nten

ce o

f 11

year

s im

pris

onm

ent .

Mej

akić

Žel

jko

sent

ence

d to

21

year

s of l

ong

term

impr

ison

men

t Duš

ko

Kne

žević

sent

ence

d to

31

year

s of l

ong

term

impr

ison

men

t and

Mom

čilo

G

ruba

n se

nten

ced

to 7

yea

rs o

f im

pris

onm

ent.

Con

vict

ion

and

sent

ence

of 9

yea

rs im

pris

onm

ent.

Ran

ko a

nd R

ajko

Vuk

ović

acq

uitte

d.

Mat

ić M

ilova

n, M

aksi

mov

ić V

elib

or a

nd Ž

ivan

ović

Dra

giša

acqu

itted

; Stu

par M

iloš,

Jako

vlje

vić

Slob

odan

and

Med

an B

rani

slav

sent

ence

d to

40

year

s lon

g te

rm

impr

ison

men

t eac

h; T

rifun

ović

Mile

nko,

Rad

ovan

ović

Ale

ksan

dar a

nd Đ

inić

Bra

ne

sent

ence

d to

42

year

s lon

g te

rm im

pris

onm

ent e

ach.

Kra

vica

Cas

e

The

appe

llate

Pan

el re

voke

d th

e fir

st in

stan

ce v

erdi

ct w

ith re

ffer

ence

to S

tupa

r M

iloš a

nd o

rder

ed a

retri

al, c

onfir

med

the

first

inst

ance

ver

dict

with

reff

eren

ce

to M

ilova

n M

atić

, and

revi

sed

the

first

inst

ance

ver

dict

with

reff

eren

ce to

the

othe

r Acc

used

.

Stev

anov

ić M

iladi

n ac

quitt

edSt

evan

ović

The

App

ella

te P

anel

con

firm

ed th

e fir

st in

stan

ce v

erdi

ct.

Milo

van

Mat

ić a

cqui

tted,

Mile

nko

Trifu

nović

sent

ence

d to

33

year

s of l

ong

term

impr

ison

men

t, B

rane

Dži

nić

and

Ale

ksan

dar R

adov

anov

ić se

nten

ced

to

32 y

ears

of l

ong

term

impr

ison

men

t eac

h, S

lobo

dan

Jako

vlje

vić

and

Bra

nisl

av M

edan

to 2

8 ye

ars o

f lon

g te

rm im

pris

onm

ent.

Mila

din

Stev

anov

ić w

as a

cqui

tted.

Cha

rges

wer

e dr

oppe

d ag

ains

t the

Acc

used

.B

lago

je

Gol

ubov

ić

Mitr

ović

Pet

ar se

nten

ced

to 3

8 ye

ars l

ong

term

impr

ison

men

t.M

itrov

ić

The

App

ella

te P

anel

revi

sed

the

first

inst

ance

ver

dict

.M

itrov

ić P

etar

was

sent

ence

d to

28

year

s of l

ong

term

impr

ison

men

t.

Bla

goje

vić

Mla

den

ente

nced

to 7

yea

rs im

pris

onm

ent;

Bož

ić Z

drav

ko,

Zarić

Žel

jko

and

Živa

nović

Zora

n ac

quitt

ed.

Bož

ić a

nd

Oth

ers

The

App

ella

te P

anel

con

firm

ed th

e fir

st in

stan

ce v

erdi

ct.

Dra

gan Đ

okić

sent

ence

d to

12

year

s im

pris

onm

ent s

ente

nce.

Dra

gan Đ

okić

The

App

ella

te P

anel

con

firm

ed th

e fir

st in

stan

ce v

erdi

ct.

Man

dić

Mom

čilo

acq

uitte

d of

cha

rges

.M

andić

The

App

ella

te P

anel

con

firm

ed th

e fir

st in

stan

ce v

erdi

ct.

Bla

goje

vić

Mla

den

ente

nced

to 7

yea

rs im

pris

onm

ent;

Bož

ić Z

drav

ko, Z

arić

Že

ljko

and

Živa

nović

Zora

n ac

quitt

ed.

Dra

gan Đ

okić

sent

ence

d to

12

year

s im

pris

onm

ent s

ente

nce.

Man

dić

Mom

čilo

acq

uitte

d of

cha

rges

.

28

T ab l

e 1 .

4-

F irs

t in s

tan c

e v e

rdic

ts h

ande

d d o

wn

and

a pp e

l late

de c

i si o

n s in

Wa r

Cri m

es c

ases

as a

t 31

Ma r

c h 2

0 10

FIR

ST IN

STA

NC

E V

ER

DIC

TA

PPE

LL

AT

E P

RO

CE

ED

ING

SC

ASE

NA

ME

SECTION I FOR WAR CRIMES

Alić

Šef

ik a

cqui

tted

of c

harg

es.

Alić

Šef

ikTh

e ap

pella

te p

anel

revo

ked

the

first

inst

ance

ver

dict

and

ord

ered

a re

trial

.

Mih

alje

vić

Zdra

vko

acqu

itted

of c

harg

es.

Mih

alje

vić

The

appe

llate

pan

el re

voke

d th

e fir

st in

stan

ce v

erdi

ct a

nd o

rder

ed a

retri

al.

Laza

rević

Sret

ense

nten

ced

to 1

0 ye

ars i

mpr

ison

men

t, St

anoj

ević

Dra

gan

sent

ence

d to

7 y

ears

impr

ison

men

t, M

arko

vić

Mile

and

Ost

ojić

Slo

boda

n se

nten

ced

to 5

yea

rs im

pris

onm

ent e

ach.

Laz

arev

ić a

nd O

ther

sTh

e ap

pella

te p

anel

revo

ked

the

first

inst

ance

ver

dict

and

ord

ered

a re

trial

.

Pinč

ić Z

rinko

sent

ence

d to

9 y

ears

impr

ison

men

t.Pi

nčić

Mio

drag

Nik

ačev

ić se

nten

ced

to 8

yea

rs im

pris

onm

ent.

Nik

ačev

ić

Mar

ko R

adić

sent

ence

d to

25

year

s im

pris

onm

ent,

Dra

gan

Šunj

ić se

nten

ced

to 2

1 ye

ars i

mpr

ison

men

t, D

amir

Bre

kalo

sent

ence

d to

20

year

s im

pris

onm

ent a

nd M

irko

Vrače

vić

sent

ence

d to

14

year

s im

pris

onm

ent.

Rad

ić a

nd O

ther

s

Krs

to S

avić

sent

ence

d to

20

year

s lon

g te

rm im

pris

onm

ent,

Milk

o M

učib

abić

sent

ence

d to

sing

le 5

yea

rs a

nd 3

m

onth

s im

pris

onm

ent.

Savić

and

Ano

ther

Nov

ak Đ

ukić

sent

ence

d to

25

year

s lon

g te

rm im

pris

onm

ent.

Nov

ak Đ

ukić

Ferid

Hod

žić

acqu

itted

of c

harg

es.

Feri

d H

odžić

Mom

ir Sa

vić

sent

ence

d to

18

year

s im

pris

onm

ent s

ente

nce.

Mom

ir S

avić

Ant

e K

ovač

sent

ence

d to

13

year

s im

pris

onm

ent s

ente

nce.

Ant

e K

ovač

Milo

rad

Trbić

sent

ence

d to

30

year

s of l

ong

term

impr

ison

men

t sen

tenc

e.M

ilora

d T

rbić

Pred

rag

Kuj

undž

ić se

nten

ced

to 2

2 ye

ars o

f lon

g te

rm im

pris

onm

ent s

ente

nce.

Pred

rag

Kuj

undž

ić

Rat

ko B

unda

lo se

nten

ced

to 1

9 ye

ars i

mpr

ison

men

t sen

tenc

e an

d N

eđo

Zelja

ja se

nten

ced

to 1

5 ye

ars i

mpr

ison

men

t se

nten

ce.

Bun

dalo

Rat

ko e

t al.

Pred

rag

Bas

tah

sent

ence

d to

22

year

s of l

ong-

term

impr

ison

men

t and

Gor

an V

iško

vić

sent

ence

d to

18

year

s of

impr

ison

men

t.Pr

edra

g B

asta

h an

d A

noth

er

Tom

ić L

jubo

and

Krs

to Jo

sić

wer

e ac

quitt

ed o

f cha

rges

.T

omić

Lju

bo a

nd

Ano

ther

29

SEC

TIO

N I

FOR

WA

R C

RIM

ES

Slav

ko Š

akić

sent

ence

d to

8 y

ears

and

6 m

onth

s im

pris

onm

ent.

Idha

n Ši

pić

Vei

z B

jelić

Vei

z B

jelić

sent

ence

d to

6 y

ears

impr

ison

men

t.

Idha

n Ši

pić

sent

ence

d to

8 y

ears

impr

ison

men

t.

PLEA AGREEMENTS

Duš

an F

ušta

rD

ušan

Fuš

tar s

ente

nced

to 9

yea

rs im

pris

onm

ent.

Pašk

o L

jubičić

Pašk

o Lj

ubič

ić se

nten

ced

to 1

0 ye

ars i

mpr

ison

men

t.

Slav

ko Š

akić

Vas

o T

odor

ović

Vas

o To

doro

vić

sent

ence

d to

6 y

ears

impr

ison

men

t.

T ab l

e 1 .

5-

P lea

ag r

eem

e nts

in W

a r C

rimes

ca s

es a

s of 3

1 M

a rch

20 1

0

Rad

e V

esel

inov

ićR

ade

Ves

elin

ović

sent

ence

d to

7 y

ears

and

6 m

onht

s im

pris

onm

ent.

Dam

ir Iv

anko

vić

Dam

ir Iv

anko

vić

sent

ence

d to

14

year

s im

pris

onm

ent.

Gor

an Đ

urić

Gor

an Đ

urić

sent

ence

d to

8 y

ears

impr

ison

men

t sen

tenc

e.

Zor

an M

arić

Zora

n M

arić

sent

ence

d to

15

year

s im

pris

onm

ent s

ente

nce.

Stoj

an P

erko

vić

Stoj

an P

erko

vić

sent

ence

d to

12

year

s im

pris

onm

ent s

ente

nce.

Čet

ić L

jubi

šaLj

ubiš

a Č

etić

sent

ence

d to

13

year

s im

pris

onm

ent s

ente

nce.

30

Papić

et a

l.

FIR

ST IN

STA

NC

E V

ER

DIC

TA

PPE

LL

AT

E P

RO

CE

ED

ING

SFI

NA

L V

ER

DIC

TC

ASE

NA

ME

SECTION II – ORGANISED CRIME, ECONOMIC CRIME AND CORRUPTIONTa

ble

1.6

-Fi

rst i

nsta

nce

verd

icts

, app

ella

te p

roce

edin

gs a

nd fi

nal v

erdi

cts (

pron

ounc

ed d

urin

g 20

08 -

2009

) in

Org

anis

ed C

rime

case

s

The

App

ella

te P

anel

con

firm

ed th

e fir

st in

stan

ce v

erdi

ct w

ith re

spec

t to

Mila

n Pa

pić,

Dav

or S

imić

and

Dra

gom

ir M

ajdo

v, re

vise

d w

ith re

spec

t to

the

crim

inal

sanc

tion

for D

raga

n Sa

ric, a

nd re

voke

d w

ith re

spec

t to

Mili

jana

O

bren

ović

, Gor

an N

ovak

ović

, Anđ

elko

Jović

and

Mila

n Jo

vano

vić.

Mila

n Pa

pić

sent

ence

d to

6 y

ears

impr

ison

men

t;D

avor

Sim

ić

sent

ence

d to

4 y

ears

impr

ison

men

t;D

rago

mir

Maj

dov

acqu

itted

; D

raga

n Sa

rić se

nten

ced

to 4

yea

rs im

pris

onm

ent,

Mila

n Pa

pić

sent

ence

d to

6 y

ears

impr

ison

men

t; D

raga

n Sa

rić se

nten

ced

to 5

yea

rs im

pris

onm

ent,

Gor

an

Nov

akov

ić se

nten

ced

to 1

yea

r im

pris

onm

ent;

Mili

jana

Obr

enov

ić se

nten

ced

to 2

yea

rs im

pris

onm

ent,

Anđ

elko

Jović

sent

ence

d to

6 m

onth

s im

pris

onm

ent,

Dra

gom

ir M

ajdo

v aq

uitte

d; D

avor

Sim

ić se

nten

ced

to

4 ye

ars i

mpr

ison

men

t; M

ilan

Jova

nović

sent

ence

d to

3 m

onth

s im

pris

onm

ent.

Željk

o Ta

sova

c se

nten

ced

to 4

yea

rs a

nd 6

mon

ths i

mpr

ison

men

t se

nten

ce; N

ada

Taso

vac,

Mio

drag

Ate

ljević,

Dra

žen

Rad

ić,

Nik

ola

Šara

ba, S

lobo

dan

Popo

vac

i Neb

ojša

Vuk

oje

aqui

tted.

Tas

ovac

et a

l.Že

ljko

Taso

vac

was

sent

ence

d to

1 y

ear i

mpr

ison

men

t (re

ceiv

ing

a to

tal o

f 3 y

ears

and

10

mon

ths

impr

ison

men

t com

bine

d w

ith a

prio

r ple

a ag

reem

ent);

Nad

a Ta

sova

c, M

iodr

ag A

telje

vić,

Dra

žen

Rad

ić,

Nik

ola

Šara

ba, S

lobo

dan

Popo

vac

i Neb

ojša

Vuk

oje

aqui

tted.

The

App

ella

te P

anel

par

tially

con

firm

ed th

e fir

st in

stan

ce v

erdi

ct a

nd th

e se

nten

ce w

ith re

spec

t to

Željk

o Ta

sova

c w

as m

odifi

ed.

The

App

ella

te P

anel

revi

sed

the

first

inst

ance

ver

dict

rega

rdin

g th

e cr

imin

al

sanc

tion

pron

ounc

ed fo

r Milo

rad

Vla

dić

and

conf

irmed

the

rest

of i

t.V

ladić

et a

l.M

ilora

d V

ladić

sent

ence

d to

4 y

ears

impr

ison

men

t sen

tenc

e an

d Pe

tar B

ogda

nović

rece

ived

susp

ende

d 1

year

impr

ison

men

t sen

tenc

e.

Milo

rad

Vla

dić

sent

ence

d to

5 y

ears

impr

ison

men

t sen

tenc

e an

d Pe

tar B

ogda

nović

sent

ence

d to

susp

ende

d 1

year

impr

ison

men

t se

nten

ce.

The

App

ella

te P

anel

revi

sed

the

first

inst

ance

ver

dict

.Ž

dero

R

anko

Žde

ro p

lead

ed g

uilty

and

rece

ived

6 y

ears

impr

ison

men

t sen

tenc

e.Žd

ero

rece

ived

5 y

ears

impr

ison

men

t sen

tenc

e.

The

App

ella

te P

anel

con

firm

ed th

e fir

st in

stan

ce v

erdi

ct.

Perić

Vel

jko

Perić

rece

ived

susp

ende

d 6

mon

ths i

mpr

ison

men

t sen

tenc

e an

d K

M 1

5,00

.00

fine.

Rec

eive

d su

spen

ded

6 m

onth

s im

pris

onm

ent s

ente

nce

and

KM

15

,00.

00 fi

ne.

Tasi

m K

učev

ić se

nten

ced

to 1

2 ye

ars i

mpr

ison

men

t sen

tenc

e an

d 20

000

KM

fine

. M

elih

a Pj

ević

sent

ence

d to

6 y

ears

im

pris

onm

ent a

nd K

M 1

0 00

0 fin

e. M

elih

a an

d Ta

sim

Kuč

ević

w

ere

orde

red

to re

turn

mat

eria

l gai

n in

the

amou

nt o

f KM

286

44

0), E

nver

Spa

hić

sent

ence

d to

4 y

ears

impr

ison

men

t, Zo

ran

Trba

ra se

nten

ced

to 3

yea

rs a

nd 6

mon

ths i

mpr

ison

men

t, A

dmir

Fazl

ić se

nten

ced

to 3

yea

rs im

pris

onm

ent.

Mirz

et Đ

ulov

ićse

nten

ced

to 4

mon

ths i

mpr

ison

men

t, N

edža

d Đ

ulov

ić se

nten

ced

to 6

mon

ths i

mpr

ison

men

t, A

lmir

Šabić

sent

ence

d to

3 m

onth

s im

pris

onm

ent,

Mirs

ad M

ujkić

and

Edže

vit G

usin

ac se

nten

ced

to

5 m

onth

s im

pris

onm

ent e

ach.

Muh

amed

Hus

kić

sent

ence

d to

3 y

ears

impr

ison

men

t and

con

fisca

tion

of p

rope

rty g

ain

of K

M 2

50.6

24.5

6.

The

App

ella

te P

anel

revo

ked

the

first

inst

ance

ver

dict

and

ord

ered

a re

trial

.

Acq

uitta

lK

atav

ićV

lado

Kat

avić

rece

ived

KM

11,

000.

00 fi

ne. T

he m

ater

ial g

ain

in th

e am

ount

of K

M 3

6,70

8.00

was

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