and Hercegovina Босна и Херцеговина

Court of and

Case Number: S1 1 K 003472 12 Kžk

Date: 15 February 2013

Before the Appellate Panel composed of: Judge Mirko Božović, Presiding Judge Tihomir Lukes, Panel member Judge Redžib Begić, Panel member

BiH PROSECUTOR'S OFFICE v. the accused ZORAN BABIĆ, MILORAD ŠKRBIĆ, DUŠAN JANKOVIĆ AND ŽELJKO STOJNIĆ

SECOND-INSTANCE VERDICT

Prosecutor of the BiH Prosecutor's Office: Slavica Terzić

Defense Counsel for the accused persons: Defense Counsel for Zoran Babić, Attorney Slavica Bajić Defense Counsel for Milorad Škrbić, Attorney Slobodan Perić Defense Counsel for Dušan Janković, Attorney Ranko Dakić Defense Counsel for Željko Stojnić, Attorney Senad Kreho the Court of , Sarajevo, ul. Kraljice Jelene br. 88 Telefon: 033 707 100, 707 596; Fax: 033 707 225

TABLE OF CONTENTS

1

V E R D I C T ...... 7

R E A S O N I N G ...... 14

I. EVIDENTIARY PROCEEDINGS ...... 14

II. PROCEDURAL DECISIONS ...... 15

A. EXCLUSION OF THE PUBLIC ...... 15

B. WITNESS PROTECTION MEASURES ...... 15

C. ADJOURNMENT OF HEARING LONGER THAN 30 DAYS ...... 16

D. HEARING WITNESSES IN THE PRESENCE OF LAWYERS AS ADVISORS ...... 17

E. DECIDING ON MOTIONS TO ADDUCE EVIDENCE ...... 18 1. Deciding on evidence adduced during the first-instance proceedings ...... 18 2. Deciding on the Prosecutor’s motions to adduce new evidence ...... 18 3. Deciding on the Motion to adduce new evidence as proposed by the Defense for the Accused Zoran Babić ...... 19 4. Deciding on the Motion to adduce new evidence as proposed by the Defense for Milorad Škrbić ...... 20 5. Deciding on the Motion filed by the Defense for the Accused Dušan Janković to adduce new evidence ...... 22 6. Deciding on the Motion filed by the Defense for the Accused Željko Stojnić to adduce new evidence ...... 25 7. Court evidence ...... 25 8. Established facts ...... 25

III. CLOSING ARGUMENTS ...... 26

A. PROSECUTOR’S CLOSING ARGUMENT ...... 26

B. DEFENSE’S CLOSING ARGUMENTS ...... 28 (a) Closing argument by Defense Counsel for the Accused Zoran Babić ...... 28 (b) Closing argument by Defense Counsel for the Accused Milorad Škrbić ...... 29 (c) Closing argument by Defense Counsel for the Accused Dušan Janković ...... 30 (d) Closing argument by Defense Counsel for the Accused Željko Stojnić ...... 32

S1 1 K 003472 12 Kžk 2 15.02.2013.

IV. APPLICABLE LAW ...... 33

V. STANDARDS OF PROOF ...... 37

A. GENERAL CONSIDERATIONS ...... 37

B. WITNESS CREDIBILITY ...... 40 (a) Witness statements by Luka Gnjatović and Vitomir Lakić as Defense witnesses (given before the Appellate Panel) ...... 42

VI. COURT FINDINGS – CONVICTION ...... 44

A. – GENERAL ELEMENTS OF THE CRIMINAL OFFENSE ...... 44 (a) that they were part of a widespread or systematic attack ...... 44 (b) that the attack was aimed against a civilian population, ...... 44 (c) that the accused knew of the attack and that their actions were part of the attack (nexus) ...... 44 1. Existence of a widespread and/or systematic attack ...... 44 (a) Widespread nature of the attack ...... 46 (b) Systematic nature of the attack ...... 48 2. Attack was aimed at the civilian population ...... 52 3. Actions taken by the accused were part of the attack and they knew of the attack (nexus) ...... 52

VII. UNDERLYING CRIME - PERSECUTION ...... 57

a. Use of the term Bosniak ...... 61

VIII. ISSUES RELATIVE TO THE FORMING OF THE INTERVENTION PLATOON, ITS TASKS, THE ACCUSED AS ITS MEMBERS AND THE PARTICIPATION OF THE INTERVENTION PLATOON MEMBERS I