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Bundalo et al: Sentences Handed Down

Bundalo i ostali

21 December 2009  

The Court of Bosnia and Herzegovina renders a first-instance verdict, sentencing Ratko Bundalo to 19 years in prison, and Nedjoo Zeljaja to 15 years and acquitting Djordjislav Askraba of all charges for crimes committed in Kalinovik.

Bundalo, former Commander of the Tactical Group in Kalinovik, and Nedjo Zeljaja, former Commander of the Public Safety Station in Kalinovik, were found guilty of crimes against humanity committed in Kalinovik Municipality.

As stated in the first-instance verdict, Zeljaja and Bundalo are found guilty of having been deliberate participants in a joint criminal enterprise during the course of a broad and systematic attack conducted from May 1992 to March 1993, persecuting people in the Kalinovik area by killing, capturing and forcibly resettling them, causing them bodily harm and destroying their property.

"Bundalo and Zeljaja participated in the joint criminal enterprise, in collaboration with Grujo Lalovic, President of the executive authorities in Kalinovik, Bosko Govedarica, Chief of the Public Safety Station in Kalinovik and other members of the Wartime and Crisis Committee in Kalinovik Municipality. It has been proved beyond doubt that several individuals joined together with the aim of persecuting the Bosniak population," Trial Chamber Chairman Stanisa Gluhajic said.

Djordjislav Askraba was acquitted of all charges in the indictment. The Trial Chamber said it "could not determine, beyond reasonable doubt, that he committed the crime charged upon him".

The Court determined that Askraba was Commander of Guards in "Barutni magacin" ("Gunpowder Depot"), but it did not determine whether he knew or could have known that prisoners who had been taken away from the detention camp would be killed.

"During the course of the three days in question, Askraba took detainees from Barutni magacin as per an approval from senior military officers," the Trial Chamber determined.

Explaining the verdict Gluhajic said that about a hundred civilians were killed, tens disappeared and women and girls, some of whom were minors at the time, were raped in the Kalinovik area.

"About 300 people were detained in the detention centers in Kalinovik area. Among the buildings in which people, mostly men, were detained were: 'Barutni magacin' detention camp, which was controlled by the Army and surrounded by a wire fence, and the 'Miladin Radojevic' school building, which was guarded by police," Gluhajic said.

As determined by the Trial Chamber, "the Army and police were linked to a large extent" in the detention centers. It said that all activities were "jointly coordinated".

Gluhajic said that on the basis of statements given by witnesses and material evidence, the Court of Bosnia and Herzegovina determined that Ratko Bundalo was "Commander of the Tactical Group, whose zone of responsibility included Kalinovik", while Zeljaja was "de facto Commander of the Public Safety Station in Kalinovik".

"We did not accept the alibis offered by the Defence of Bundalo and Zeljaja, because they were in contradiction to some pieces of material evidence. Bundalo was undergoing medical treatment as of August 7, 1992, while no evidence was provided to prove that Zeljaja was on sick leave. Prior to the medical treatment, Bundalo was active, just like Zeljaja, in Kalinovik," Gluhajic said.

The Court of Bosnia and Herzegovina considers that Nedjo Zeljaja was "direct superior to policemen", but he failed to undertake any actions to prevent people from approaching detainees.

"Persecution was committed for a joint purpose. This persecution had a discriminatory intention towards the Bosniak population," Gluhajic said.

When deciding on the sentence against Bundalo, the Court took into consideration, as mitigating circumstances, the fact that he was a family man, he was old and did not have any previous criminal record. The fact that he was the highest-ranking official in Kalinovik at the time was considered as an aggravating circumstance.

The Court also took into consideration that Zeljaja was a family man, he helped some Bosniaks in Kalinovik and "did not allow soldiers to set the 'Miladin Radojevic' school building, in which prisoners were held, on fire".

The verdict acquitted Bundalo and Zeljaja of three counts contained in the indictment, because it was determined that "some significant elements of the crime and its consequences" were missing.

They were acquitted of responsibility for having held detained civilians with no food for four days at the beginning of August 1992, as well as of the charges alleging that female and male detainees were abused by soldiers, in the presence of policemen, every day and that members of Pero Elez' unit beat a female person for several hours on August 8, 1992.

During 1992 Elez was Commander of the Miljevina Battalion from Foca. He is believed to have been killed during the course of the war.

Bundalo and Zeljaja were acquitted of charges alleging that unknown soldiers took a group of women from the Miladin Radojevic school building, loaded them on trucks and took them to "Pavlovac" farm, where some of them were raped.

Following the pronouncement of the verdict, the Court extended custody of Bundalo and Zeljaja and terminated custody of Askraba.

The parties have the right to appeal the verdict.