Persons indicted

1

Rank(s) of person(s) indicted

lower military

Indictment date

04/02/2013

Case stage

finally resolved

Duration of proceedings since trial commencement

2 years 10 months

Witnesses examined

13

Date and outcome of the first instance verdict

09/10/2015

First-instance judgment:
On 10 September 2015, the Belgrade Higher Court’s trial chamber found defendant M. G. guilty of a war crime against civilian population and sentenced him to 10 years in prison.

Date and outcome of decision on appeal

02/22/2016

At its hearing of 6 April 2016, the Appellate Court increased the original punishment by two years and finally sentenced M. G., former soldier of the Republic of Srpska’s Army, to 12 years in prison for the killing of three civilians and attempted murder of a fourth one in the area of Sanski Most in December 1992. As it explained its decision to increase the original punishment, the Appellate Court noted that the Prosecutor’s appeal duly pinpointed the lower court’s failure to attach adequate importance to the aggravating circumstances regarding the defendant, namely his involvement in the killing of three civilians and attempted murder of a fourth one, including “the fact that the defendant had committed his acts with substantial persistence and brutality, notably during the killing of M.T. in the presence of the victim’s son – still a child at the relevant time.“

Date and outcome of verdict in new trial

/

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:
According to the indictment allegations, on 5 December 1992, M. G., aided and abetted by four other soldiers of the Republic of Srpska’s Army, engaged in attacks on villages Sasine and Tomašica in the area of Sanski Most, BH. In the aftermath of the operation, six civilians were killed and one was severely wounded.
In revenge for his brother’s death, M.G., aided and abetted by his relative M. G. (still unavailable to the judicial authorities), killed six civilian persons and wounded one in villages Tomašica and Sasina, municipality Sanski Most.

Procedural remarks

The Office of the War Crimes Prosecutor took over this case from the Cantonal Court in Bihać.
A first-instance trial initially started on 12 June 2013. After the third hearing the court established that the defendant’s legal representative had been removed from the lawyers’ register due to a disciplinary measure imposed on him and was therefore ineligible to represent clients. A long series of delayed hearings ensued. On 23 February 2015, the trial was recommenced with a new defence lawyer.