Bosnia and Herzegovina Court of Bosnia and Herzegovina Case File No. S 1 1 K 002590 10 Kri Date: 29 August 2011 28 September 2011 Before the Trial Panel: Judge Zoran Božić, Presiding Judge Mira Smajlović Judge Enida Hadžiomerović PROSECUTOR’S OFFICE OF BOSNIA AND HERZEGOVINA v. SLAVKO LALOVIĆ FIRST INSTANCE VERDICT Prosecutor of the Prosecutor’s Office of Bosnia and Herzegovina: Munib Halilović Defence Counsel for the Accused: Žiko Krunić S 1 1 K 002590 10 KrI 22 August 2011 Number: S1 1 K 002590 10 Kri Sarajevo, 22 August 2011 IN THE NAME OF BOSNIA AND HERZEGOVINA The Court of Bosnia and Herzegovina, sitting on the Panel composed of Judge Zoran Božić, as the Presiding Judge, and Judges Mira Smajlović and Enida Hadžiomerović as the Panel members, with the participation of Court Officer Ilvana Hadžić, as the Minutes- Taker, in the criminal case against the Accused Slavko Lalović, charged under the Indictment of the Prosecutor’s Office No. T 20 0 KTRZ 0000 608 10 dated 30 September 2010, partially confirmed on 7 October 2010 and amended on 9 June 2011, with the criminal offence of War Crimes against Civilians in violation of Article 173(1)(c)(e) in conjunction with Article 180(1) and Article 31 of the CC of BiH, after holding a public trial, which was partially closed for the public, in the presence of the Accused Slavko Lalović and his Defense Counsel Žiko Krunić and the Prosecutor of the Prosecutor’s Office of Bosnia and Herzegovina Mirko Lečić, on 22 August 2011 delivered and on 29 August 2011 publicly announced the following: VERDICT The Accused: SLAVKO LALOVIĆ, a.k.a. Ustaša, son of Marinko and Cvija, nee Bogdanović, born on 19 July 1959 in the village of Vihovići, Municipality of Kalinovik, residing at …, Citizen Identification Number …, … by ethnicity, citizen of …, caterer by occupation, married, father of four, served military service in the former YNA in Struga, holds no rank, registered with Military Records, has not been decorated, indigent; I IS GUILTY Because: S 1 1 K 002590 10 KrI 22 August 2011 1. While performing his duties of a security guard in the prison for civilians, who were unlawfully detained in the Miladin Radojević Elementary School in Kalinovik, contrary to his obligation to prevent from entering the unauthorized soldiers who he knew committed violence against detained civilians and, contrary to his duty to protect the civilians entrusted to him, on an unspecified date in late August 1992, in the evening hours, he allowed two soldiers of the Republika Srpska Army (VRS) to enter, knowing they would commit violence against the prisoners, including rape, so these two soldiers raped detainee “S4” on the premises on the upper floor of the school, threatening her not to tell anyone about the rape or else they would kill her children and then her; 2. On unspecified dates in August 1992, while performing his duties as a security guard in the prison for civilians unlawfully detained in the Miladin Radojević Elementary School in Kalinovik, he abused the detained civilians, in the following manner: a) on at least one occasion he deprived the detainees of water and of using the toilet by preventing them from getting out of the room in which they were detained, having nailed the entrance door to the room, telling them to urinate in their hands; b) he intimidated the detainees by holding a gun in his hand and threatening to kill children, including a minor son of witness “S1” and minor Elvisa Voloder, while her mother held her in the arms, unless the prisoners surrender all the money and other valuables; Therefore, Slavko Lalović, violating the rules of international law during the war in Bosnia and Herzegovina, aided and abetted in a rape, applied measures of intimidation and terror, and acted inhumanely, Whereby he committed the criminal offence of War Crimes against Civilians in violation of Article 173(1) of the Criminal Code of Bosnia and Herzegovina, as follows: S 1 1 K 002590 10 KrI 22 August 2011 - subparagraph e) in conjunction with Article 180(1) and Article 31 of the CC of BiH with respect to Section 1 of the operative part of the Verdict, - subparagraph c) in conjunction with Article 180(1) of the CC of BiH with respect to Section 2a) of the operative part of the Verdict, - subparagraph e) in conjunction with Article 180(1) of the CC of BiH with respect to Section 2b) of the operative part of the Verdict. Consequently, by applying the quoted legal provisions as well as Articles 39, 42, 48, 49 and 50 of the CC of BiH, the Court sentences him for the mentioned criminal offence to 5 (FIVE)-YEAR IMPRISONMENT Pursuant to Article 56 of the CC of BiH the time the Accused spent in custody shall be credited towards the imposed prison sentence, more specifically the period from 18 May 2010 until 15 October 2010 and from 29 August 2011 onwards. II Pursuant to Article 284(1)(a) of the CPC of BiH, the Accused IS ACQUITTED OF CHARGES that on an unspecified date in August 1992, while performing his duties as a security guard of the prison for civilians unlawfully detained in the Miladin Radojević Elementary School in Kalinovik, he abused the detained civilians in the manner that he forced three detained women, “P”, Samija Greljo and Nazira Greljo, to run along the slippery wet corridor floor on the upper floor of the prison premises in the Miladin Radojević Elementary School, threatening to hit with a rifle butt the one he catches up with, so the injured witness “P”, who was four months pregnant, while running in front of him slipped and fell down and sustained bodily injuries so the next day she was unable to walk due to severe pains; S 1 1 K 002590 10 KrI 22 August 2011 whereby he would have committed the criminal offense of War Crimes against Civilians in violation of Article 173(1)(c) in conjunction with Article 180(1) of the Criminal Code of Bosnia and Herzegovina. Pursuant to Article 188(4) and Article 189(1) of the CPC BiH, the Accused is hereby relieved of the duty to reimburse the costs of the criminal proceedings, and those costs shall be paid from budget appropriations of the Court. Pursuant to Article 198(2) of the CPC BiH, the aggrieved parties are hereby instructed to take civil action to pursue their claims under property law. R E A S O N I N G I. CHARGES 1. The Prosecutor’s Office of BiH, by the Indictment No. T20 0 KTRZ 0000608 10 of 30 September 2010, charged the Accused Slavko Lalović with the perpetration of the criminal offence of War Crimes against Civilians in violation of Article 173(1)(e)(c) of the CC of BiH in conjunction with Article 180(1) and Article 31 of the CC of BiH. 2. By the Decision No. S1 K 002590 10 Kro dated 7 October 2010 the Court confirmed the Indictment with respect to Counts 1, 1c) and 3 and refused it with respect to Counts 1a), 1b), 1d) and 2. 3. At the guilty plea hearing held on 2 November 2010 the Accused Slavko Lalović pleaded not guilty to the confirmed Indictment of the Prosecutor’s Office of Bosnia and Herzegovina, at which point the case was referred to the Trial Panel. 4. On 9 June 2011 the Prosecutor submitted to the Court the Amended Indictment against the Accused Slavko Lalović, having partially amended the factual description of the offence as well as its legal qualification. S 1 1 K 002590 10 KrI 22 August 2011 5. The factual description of the criminal offence stated in the Indictment is primarily drafted in the manner that it contains two counts, Count 1 and Count 2, which is further elaborated into sub-counts a), b) and c). 6. The Prosecution amended the referenced Indictment concluding, based on the evidence presented at the trial, that the factual description of the act of perpetration has changed. Moreover, at the hearing the prosecutor orally indicated that it is necessary to delete the word “unidentified” from the 6th line of Count 1 of the Amended Indictment since that was a mistake. 7. As for the legal qualification, the prosecutor stated that the Accused, by way of acts specified in Count 1 of the Amended Indictment, perpetrated the criminal offence of War Crimes against Civilians in violation of Article 173(1)(e) of the CC of BiH in conjunction with Article 180(1) and Article 31 of the CC of BiH while, by way of the acts specified under Counts 2a), 2b) and 2c) of the Amended Indictment, he perpetrated the criminal offence of War Crimes against Civilians in violation of Article 173(1)(c) and (e) in conjunction with Article 180(1) of the CC of BiH. 8. The main trial in this case commenced on 27 January 2011 by reading the Indictment of the Prosecutor’s Office of BiH No. T20 0 KTRZ 0000608 10 and presenting the Opening Statements of the Prosecution and the Defense. 9. When presenting the Opening Statement, the Prosecutor stated that the Prosecution was going to prove that the Accused Slavko Lalović committed the acts as charged under the confirmed Indictment in the manner that, as a reserve police officer of the Kalinovik Police Station, while performing his duties of a security guard at the Miladin Radojević Elementary School, which served as a prison for unlawfully detained civilians, he acted contrary to Article 3 and Article 27 of the 1949 Geneva Convention.