Acquittal rendered in the case of Jadranko Saran et al. over War Crimes

May 13, 2019 10:00 AM

Having completed a trial in the criminal case against the accused Jadranko Šaran, Samir Šabić and Zijad Kadić, on 10 May 2019 the Court of Bosnia and Herzegovina delivered a trial judgment acquitting the accused Jadranko Šaran, Samir Šabić and Zijad Kadić of the charges concerning the criminal offense of War Crimes against Civilians under Article 173(1), Subparagraphs c), e) and f), of the Criminal Code of Bosnia and Herzegovina, the criminal offense of War Crimes against Prisoners of War under Article 175(1)a) and the criminal offense of Unjustified Delay of the Repatriation of Prisoners of War under Article 182, as read with Articles 29 and 180, Paragraphs 1 and 2 of the same Code.

The accused are acquitted of the charges that during the armed conflict in BiH between the Army of R BiH and the Army of RS, after 17 September 1995, when the territory of Bosanska Krupa was placed under the control of the A RBiH, and further along after 14 December 1995 as the day of signing the General Framework Agreement for Peace in Bosnia and Herzegovina, all the way to 12 July 1996, Jadranko Šaran, as Head of the Bosanska Krupa Public Security Station, Samir Šabić as Commander of the Jasenice Police Squad at the Bosanska Krupa Public Security Station, and Zijad Kadić as a police officer with the Jasenice Police Squad at the Bosanska Krupa Public Security Station, together with unidentified members of the ARBiH and other unidentified members of the SJB Bosanska Krupa known to them, in violation of the rules of international law, ordered, committed, incited, omitted, enabled, organized, coordinated and aided the unlawful detention of the Serb civilian population and one Croat civilian, the killing, inhumane treatment, deliberate infliction of great bodily and mental pain, disrespect of basic guarantees for persons not taking part or who have ceased to take direct part in hostilities, disrespect for a minimum rights of persons deprived of liberty for reasons related to the armed conflict, endangering the general protection of civilians, failure to act in accordance with the principle of best interest of children during armed conflicts.

Jadranko Šaran, contrary to the rules of international law, ordered, committed, incited, omitted, enabled, coordinated and aided the Unjustified Delay of the Repatriation of Prisoners of War and Serb and Croat civilians even after the cessation of the armed conflict in the territory of Bosanska Krupa on 17 September 1995, and further along after the cessation of the armed conflict in Bosnia and Herzegovina marked by the signing of the General Framework Agreement for Peace in Bosnia and Herzegovina on 14 December 1995, although the Republic of Bosnia and Herzegovina was under the obligation to release all prisoners within 30 days of the date of signing the General Framework Agreement for Peace in Bosnia and Herzegovina, while Article 5 of the UN Security Council Resolution No. 1019, of 9 November 1995, stipulates that all detention centers in the territory of R BiH be closed immediately.

Jadranko Šaran and Samir Šabić knew or had reason to know about the unlawful acts committed by their subordinates, namely the killing, inhumane treatment, and deliberate infliction of physical and mental pain, and other inhumane acts, they failed to take the necessary and reasonable measures to prevent that, and/or failed to take the necessary and reasonable measures to punish the perpetrators.

Pursuant to Article 189(1) of the CPC BiH, the accused are relieved of the obligation to cover the costs of criminal proceedings, which shall be borne by the Court’s budgetary appropriations.

Pursuant to Article 198(3) of the CPC BiH, the accused are referred to pursue their possible compensation claim in civil proceedings.

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