Upon the War Crimes Prosecutor’s appeal against the lower court’s judgment, the Appellate Court's War Crimes Chamber altered the sentence imposed on Đ. T. from 10 to 13 years in prison. As a former soldier of the Rajinovac Company – part of the Republic of Srpska’s Army, Đ.T. was accused of involvement in a war crime committed against civilians in village Duljci, municipality Bihać on 23 September 1992.
Date and outcome of verdict in new trial
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Criminal offence
war crime against civilian population under art. 142 (1) re art. 22 (co-perpetration) of the FRY Criminal Act
Background facts
Background facts:
Pursuant to the court’s findings, defendant Đ.T., aided and abetted by other members of his unit, engaged in the killing of 18 Muslim civilians in village Duljci, municipality Bihać, BH. The victims were killed by gunshots and knives, whereupon their bodies were set afire. One of the surviving civilians sustained lasting injuries.
The civilians – mostly women and elderly men, as well as a 13 years’ old girl – were killed while they were picking plums as part of a work obligation imposed on them by the Serbian Municipality Bihać War Presidency. According to the indictment allegations subsequently confirmed by the court’s judgment, having seen that some of the civilians were hiding in a stable, the perpetrators threw a bomb at a nearby haycock and also stabbed some victims with knives. They went on to pile up the bodies of the dead and set them on fire. Meanwhile, they discharged a number of bullets from their automatic rifles in the direction of T.H., but she managed to save herself by fleeing into the house.
Procedural remarks
Procedural remarks:
As a Serbian citizen, defendant Đ. T. requested to stand trial in Serbia. He engaged in the Duljci crime together with six other individuals, of whom four have been finally convicted and the remaining two have in the meantime deceased.
In accordance with the Act on International Legal Assistance in Criminal Matters and on the basis of the Agreement on Legal Assistance in Civil and Criminal Matters between Serbia and BH, the War Crimes Prosecutor’s Office took over this case from the Cantonal Court in Bihać.
On the basis of guilty plea agreements, Z. T., J. T., Z. B. and Ţ. B. were finally convicted before the Bihać Cantonal Court.
The Bihać Cantonal Court also instituted proceedings against Đ. T., but due to his unavailability to that Court his case was referred to the OWCP.
