Analysis of the Prosecution of War Crimes in Serbia 2004-2013

Analysis of the Prosecution of War Crimes in Serbia 2004-2013

Analiza_2004-2013_engThe Analysis contains 15 chapters that portray the work of key institutions in the prosecution of war crimes, putting forward the issues important for the credibility of war crimes trials in Serbia, such as the compliance of indictments and convictions in domestic cases, with the facts established by the International Criminal Tribunal for the former Yugoslavia (ICTY). The Analysis concludes with 75 recommendations to state bodies of the Republic of Serbia and international stakeholders on how to improve almost all aspects of the prosecution of war crimes in Serbia.

You can download the Analysis of the Prosecution of War Crimes in Serbia 2004-2013 here.

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Report on War Crimes Trials in Serbia in 2013

Report on War Crimes Trials in Serbia in 2013

The Report on War Crimes Trials in 2013 is based on the monitoring and analysis of war crimes trials before the Higher Court in Belgrade, Court of Appeal in Belgrade and the courts of general jurisdiction in Nis, Pozarevac and Prokuplje.

You can download the Report on War Crime Trials in Serbia in 2013 here.

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Acquittal in Case Against Samir Hondo

Acquittal in Case Against Samir Hondo

The Trial Chamber of the Higher Court in Belgrade rendered an acquittal on November 22nd, 2013, in the case of Samir Hondo, indicted for war crimes against the civilian population in the Čelebići Camp, near Konjic (Bosnia and Herzegovina). The Humanitarian Law Center (HLC) stresses that the court rendered a correct ruling, because the Office of the War Crimes Prosecutor (OWCP) failed to provide credible evidence during the trial which would have pointed to the responsibility of the accused for the crimes he had been charged with.


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Mark Kashnjeti Convicted

After a retrial, the Higher Court in Belgrade again convicted Marko Kashnjeti on June 21st, 2013 to two years of imprisonment for a War Crime against a Civilian Population committed on June 14th, 1999 in Prizren. The Humanitarian Law Center (HLC) holds that the evidence presented in the trial does not point to the conclusion that Mark Kasnjeti is responsible for the crime he was charged with and that the judgment is marked by errors made by the court in the evaluation of evidence.


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Reactions to Judgment in Skočić Case

The Higher Court in Belgrade trial chamber rendered a judgment on February 22nd, 2013 convicting members of the “Sima’s Chetniks” paramilitary group, because of war crimes against a civilian population, committed against a group of Roma in 1992 in the vicinity of Zvornik. Zoran Stojanović and Zoran Đurđević from Šabac were sentenced to twenty years of imprisonment each, Zoran Alić and Tomislav Gavrić were sentenced to ten years of imprisonment each, Dragana Đekić and Đorđe Šević were sentenced to five years of imprisonment each, and Damir Bogdanović was sentenced to two years of imprisonment. Zoran Alić was released from detention, but confined to his place of residence.


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Judgment in Mark Kashnjeti Case based on unconvincing evidence

On November 19, 2012, the War Crimes Chamber of the Higher Court in Belgrade, with the Trial Panel presided over by Judge Vinka Beraha-Nikicevic, sentenced Mark Kashnjeti to two years in prison for a war crime against the civilian population. The Humanitarian Law Center (HLC) holds that the evidence on which the judgment is based is seriously flawed and  insufficient for a finding of Kashnjeti’s liability.
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Chief Prosecution Witness ‘Not Credible’ but 11 Convicted in Gnjilane Case Re-trial

On September 19th, 2012, a trial chamber at the Higher Court in Belgrade – War Crimes Department, presided over by Judge Snežana Nikolić-Garotić, rendered a guilty verdict  sentencing Samet Hajdari to 15 years of imprisonment, Ahmet and Nazif Hasani to 13 years each, Agush Memishi, Burim Fazliu, and Selimon Sadiku to 12 years each, Faton Hajdari to 10 years, Kamber Sahiti, Ferat Hajdari, and Sadik Aliu to 8 years each, and Shefqet Musliu to 5 years of imprisonment. They were found guilty of committing a criminal act of war crime against the civilian population, as defined by Article 142 Paragraph 1 of the Criminal Code of Yugoslavia, in Gnjilane/Gjilan during the period June 17th-23rd, 1999, against protected witnesses C1 and C2, whom they tortured, beat and raped. The accused were acquitted, due to a lack of evidence, of charges of torture and killing of as yet unidentified victims and of the mutilation and incineration of bodies. Fazli Ajdari, Rexhep Aliu, Shaqir Shaqiri, Shefqet Musliu, Sadik Aliu, Idriz Aliu, Shemsij Nuhium, Ramadan Halimi, and Ferat Hajdari were acquitted of all charges due to the lack of evidence.


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Lovas case first-instance judgment demonstrates professionalism of Trial Panel

On June 26, 2012 the Trial Panel of the Higher Court in Belgrade – War Crimes Department, presided over by judge Olivera Andjelkovic, delivered its judgment on fourteen defendants, convicted for having ordered or carried out an attack on Croat civilians in the village of Lovas, in the Republic of Croatia, during October and November 1991. The fourteen were convicted for having committed crimes of inhuman treatment, torture, violation of bodily integrity (beating, wounding or causing serious bodily harm)  and murder, which resulted in the killing of 40 and the wounding of 11 Croat civilians.


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