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Retrial of Milos Stupar Begins

Stupar Milos

05 March 2010  

The retrial of Milos Stupar, who was sentenced by first instance verdict to 40 years in prison for genocide in Srebrenica, begins with the reading of the indictment before the Appellate Chamber of the Court of Bosnia and Herzegovina.

In July 2008 a first instance verdict was pronounced against Stupar, finding him guilty, as former Commander of the Second Special Police Squad from Sekovici, of having failed to punish subordinate members of his squad who participated in the murder of more than 1,000 men in "Kravica" Agricultural Cooperative, Bratunac municipality, on July 13, 1995.

Upholding the Defence's appeal, the Appellate Chamber overturned the verdict in October 2009 and ordered a retrial.

After the indictment had been read, the indictee said he understood it, but "it seems to him that some charges, of which he was acquitted by the first instance verdict, are now mentioned again".

By the first instance verdict Stupar was sentenced on the basis of his command responsibility only. He was found guilty of having failed to prevent or punish subordinate members of his squad who participated in the murder of Srebrenica residents, but he was not found guilty of participating in those murders.

In his introductory arguments, Prosecutor Ibro Bulic said the indictee was informed about the plan made by the Army and police of Republika Srpska, RS, to "destroy a part of the group of Bosniaks", he shared "the genocidal intentions with the perpetrators" and he failed to take measures to prevent the crime or punish the perpetrators.

"When we present our evidence, you will see that the indictee was aware of the plan. He was present in the field. He knew people were captured. He knew that Bosniaks who were detained in Kravica Agricultural Cooperative lacked food and water. He knew that policemen who were subordinate to him took part in these events. He was present at the location where the massacre was committed and he watched it," Bulic said.

In its introductory arguments the Defence denied the indictee's command responsibility, as well as the allegations that Stupar was in contact with his superiors in the RS Army.

"The indictee was not Commander of the Second Squad with the Special Police Brigade in Sehovici. He did not have effective control over this unit. Therefore, the subjective element of genocide and command responsibility can be excluded," Defence attorney Ozrenka Jaksic said.

Following the presentation of introductory arguments, the Appellate Chamber began hearing statements given by witnesses during the first instance trial. As previously announced, statements given by 26 witnesses will be heard at the retrial, and an additional Defence witness will be invited to court.

The retrial is due to continue on March 5, 2010.