Persons indicted

2 persons indicted

Rank(s) of person(s) indicted

middle military; lower military

Indictment date

04/11/2013

Case stage

second instance judgment

Duration of proceedings since trial commencement

6 years 8 months

Witnesses examined

16

Date and outcome of the first instance verdict

04/16/2019

P.G. - acquitted of charges;
R.K. - sentenced to 15 years in prison

Date and outcome of decision on appeal

12/12/2019

P.G. - acquitted of charges
R.K. - 15 years in prison

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, the accused P.G. and R.K., at the relevant time soldiers of the Yugoslav Army, took part in an attack operation on village Trnje, municipality Suva Reka, Kosovo-Metohija, launched on 25 March 1999. The attack was allegedly ordered by the accused, P.G., who, in his capacity as commander of the background battalion operating within the 549th Motorized Brigade of the Yugoslav Army, summoned all of his subordinate commanders including R.K., and instructed them to kill civilians saying: “There must be no survivors“. In compliance with P.G.'s orders, R.K. and other subordinate commanders organized their units and launched an attack on the village, which resulted in the deaths of at least 27 and grave wounding of 2 ethnic Albanian civilians.

Procedural remarks

This has been the first OWCP indictment against active members of the Serbian Army. Following the commencement of trial, defendant P.G. retired. In 2008, P.G. testified before the ICTY as a defence witness in Milutinović et al. Two former members of P.G.'s unit were heard as protected witnesses for the prosecution in the ICTY cases against Milutinović and Milošević.