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Status of Transferred Cases



A. Cases against 13 accused referred to a national jurisdiction by final decision

Accused

Crime location

Status

OTP progress reports based on OSCE monitoring*

Radovan Stanković

Foča (BiH)

The accused was transferred to BiH on 29 Sep 2005. First-instance judgement before the Court of BiH was pronounced on 14 Nov 2006, finding the accused guilty of crimes against humanity and sentencing him to 16 years’ imprisonment. On 28 Mar 2007, the Court of BiH Appellate Panel modified the sentence to 20 years’ imprisonment.

27 Jun 2007 - 20 Mar 2007
20 Sep 2006 - 7 Jun 2006
20 Feb 2006

Rahim Ademi,
Mirko Norac

Medak pocket (Croatia)

The case was transferred to Croatia on 1 Nov 2005. First-instance judgement before the Zagreb County Court was pronounced on 30 May 2008, acquitting Rahim Ademi of all charges and finding Mirko Norac guilty of war crimes against civilians. Norac was sentenced to 7 years’ imprisonment.




On 18 Nov 2009, Croatian Supreme Court reduced Norac’s sentence to 6 years’ imprisonment and upheld Ademi’s acquittal. 		19 Mar 2010
16 Dec 2009 - 16 Sep 2009
16 Jun 2009

Gojko Janković

Foča (BiH)

The accused was transferred to BiH on 8 Dec 2005. First-instance judgement before the Court of BiH was pronounced on 16 Feb 2007, finding the accused guilty of crimes against humanity and sentencing him to 34 years’ imprisonment. On 19 Nov 2007, the Court of BiH Appellate Panel confirmed the sentence.

14 Feb 2008 - 14 Nov 2007
14 Aug 2007 - 14 May 2007
1 Feb 2007 - 1 Aug 2006
3 May 2006

Željko Mejakić,
Momčilo Gruban,
Dušan Fuštar,
Duško Knežević

Prijedor (BiH)

The accused were transferred to BiH on 9 May 2006.
Following the acceptance of a plea agreement between the Office of the Prosecutor of BiH and Dušan Fuštar, the Court of BiH separated his case from the case against the other accused and pronounced a first-instance judgement on 22 April 2008, finding Fuštar guilty of crimes against humanity and sentencing him to 9 years’ imprisonment.
TThe Court of BiH pronounced a first-instance judgement on 30 May 2008, finding Željko Mejakić, Momčilo Gruban and Duško Knežević guilty of crimes against humanity. Mejakić was sentenced to 21 years’ imprisonment, Gruban to 11 years’ imprisonment and Knežević to 31 years’ imprisonment. On 16 Feb 2009, the Court of BiH Appelate Panel confirmed the Mejakić and Knežević’s sentences and reduced Gruban’s sentence to 7 years’ imprisonment.

6 Oct 2009 - 6 July 2009
5 Jan 2009 (part 1 /part 2)
3 October 2008
3 July 2008 - 3 Apr 2008
3 Jan 2008 - 1 Oct 2007
3 July 2007 - 3 Apr 2007
3 Jan 2007 - 3 Oct 2006

Paško Ljubičić

Vitez, Busovača (BiH)

The accused was transferred to BiH on 22 Sep 2006. Trial started on 11 May 2007 before the Court of BiH.
Following the acceptance of a plea agreement, the Court of BiH pronounced a first-instance judgement on 29 April 2008, finding the accused guilty of war crimes and sentencing him to 10 years’ imprisonment. No appeal can be filed against this decision.

23 Dec 2008 - 19 Sep 2008
19 Jun 2008 - 19 Mar 2008
19 Dec 2007 - 19 Sep 2007
19 Jun 2007 - 19 Mar 2007
18 Dec 2006

Mitar Rašević,
Savo Todović

Foča (BiH)

The accused were transferred to BiH on 3 Oct 2006. First-instance judgement before the Court of BiH was pronounced on 28 Feb 2008, finding the accused guilty of crimes against humanity. Rašević was sentenced to 8,5 years’ imprisonment and Todović to 12,5 years’ imprisonment. On 6 Nov 2008, the Court of BiH Appellate Panel reduced Rašević’s sentence to 7 years’ imprisonment.

20 Apr 2009
19 Jan 2009 - 17 July 2008
24 Jan 2008 - 17 Oct 2007
17 Jul 2007 - 17 Apr 2007
17 Jan 2007 - 17 Oct 2006

Vladimir Kovačević

Dubrovnik (Croatia)

The case was transferred to Serbia on 17 Apr 2007. On 5 Dec 2007, the Belgrade District Court issued a decision finding the accused unfit to stand trial.

5 Sep 2007 - 5 Jun 2007

Milorad Trbić

Srebrenica (BiH)

The accused was transferred to BiH on 11 Jun 2007. First-instance judgement before the Court of BiH was pronounced on 16 Oct 2009, finding the accused guilty of genocide and sentencing him to 30 years’ imprisonment. On 21 Oct 2010, the Court of BiH Appelate Panel upheld the verdict. On 6 Nov 2014, the BiH Constitutional Court quashed the verdict and returned the case to the Court of BiH for retrial. On 19 Jan 2015, the Court of BiH Appellate Panel reduced Trbić's sentence to 20 years in prison.

06 May 2011 - 26 Jan 2011
26 Oct 2010 - 15 Jul 2010
26 Apr 2010 - 25 Jan 2010
21 Oct 2009 - 23 Jul 2009
23 Jan 2009 - 23 Apr 2009
23 Oct 2008 - 23 Jul 2008
23 Apr 2008 - 23 Jan 2008


*Following the agreement between the Chairman in Office of the Organization for Security and Co-operation in Europe (OSCE) and the Prosecutor, the Prosecutor receives reports from the OSCE on developments in the cases transferred to domestic courts in the region of the former Yugoslavia.


B. Motions under Rule 11bis concerning 4 accused denied

Accused

Crime location

Status

Dragomir Milošević

Sarajevo (BiH)

Request for referral to BiH denied on 8 Jul 2005. Trial started on 11 Jan 2007 before the ICTY. On 12 Dec 2007, he was sentenced by the ICTY to 33 years’ imprisonment (first instance). On 12 Nov 2009, the ICTY Appeals Chamber reduced Milošević's sentence to 29 years’ imprisonment.

Rasim Delić

Travnik, Zavidovići (BiH)

Request for referral to BiH denied on 9 Jul 2007. Trial started on 9 Jul 2007. On 15 Sep 2008, he was sentenced by the ICTY to 3 years’ imprisonment (first instance). Trial Chamber judgment declared final on 29 June 2010.

Milan Lukić,
Sredoje Lukić

Višegrad (BiH)

On 11 Jul 2007, the Appeals Chamber reversed the decision on referral of Milan Lukić’s case to BiH. On 20 Jul 2007, the Referral Bench revoked the referral of Sredoje Lukić’s case to BiH. On 20 Jul 2009, Milan Lukić and Sredoje Lukić were sentenced to life and 30 years’ imprisonment respectively. On 4 Dec 2012, ICTY Appeals Chamber affirmed Milan Lukić’s sentence and reduced Sredoje Lukić’s sentence to 27 years’ imprisonment.

 


C. Motions under Rule 11bis concerning 5 accused withdrawn
Accused

Crime location

Status

Mile Mrkšić,
Miroslav Radić,
Veselin Šljivančanin

Vukovar (Croatia)

Request for referral to Croatia or Serbia and Montenegro withdrawn on 30 Jun 2005. On 27 Sep 2007, Mrkšić and Šljivančanin were sentenced by the ICTY to 20 and five years’ imprisonment, respectively. Radić was acquitted of all charges (first instance). On 5 May 2009, ICTY Appeals Chamber upheld Mrkšić sentence and increased sentence against Šljivančanin from five to 17 years’ imprisonment. On 14 Jul 2010, ICTY Appeals Chamber granted Šljivančanin’s request for review of the appeal judgment. On 8 Dec 2010, a review judgment was rendered reducing his sentence to 10 years’ imprisonment.

Ivica Rajić

Stupni Do, Vareš (BiH)

The accused pleaded guilty on 26 Oct 2005. On 8 May 2006, he was sentenced by the ICTY to 12 years' imprisonment. Request for referral to BiH withdrawn on 25 May 2006.

Dragan Zelenović

Foča (BiH)

The accused pleaded guilty on 17 Jan 2007 while the motion for his referral to BiH was pending. On 4 Apr 2007, he was sentenced by the ICTY to 15 years' imprisonment. Request for referral to BiH withdrawn on 8 May 2007. On 31 Oct 2007, ICTY Appeals Chamber dismissed Zelenović’s appeal and affirmed the sentence.