Crime in Rogatica
Trial was conducted before the Court of Bosnia and Herzegovina against the defendant Dragoje Paunović for the war crime against humanity that was committed in Rogatica in 1992 whereat 24 persons were killed. On 26 May 2006 following the conclusion of presentation of evidence, the Trial Panel pronounced its verdict. It found the defendant Paunović guilty for the criminal offence referred to in Article 172 (1) (a), (h) and (k) of the Criminal Code of Bosnia and Herzegovina (BiH CC) and sentenced him to 20 years in prison.
On 27 October 2006, the Appellate Panel upheld the first instance verdict.
INDICTMENT (SUMMARY)
The Indictment charged Paunović that, in the period from May to September 1992, within an extensive and systematic attack against civilian Bosnian population in the area of municipality Rogatica and eastern Bosnia region by the army and police forces of the so called BiH Republic of Srpska and paramilitary units under the leadership of SDS (Serb Democratic Party), with intention – based on political, national, ethnic, cultural and religious discrimination, he carried out expulsion of civilian Bosnian population which represents a crime against humanity referred to in Article 172 of BiH CC. It was specified in the indictment that on 15 August 1992, as a commander of smaller military unit of the Rogatica battalion, the defendant ordered soldiers to tie up 27 Bosnians and then used them as a ‘live shield’ against the BiH Army. Before that, Radislav Ljubinac, a.k.a. “Pjano”, based on the order issued by Rajko Kušić who was a commander of the Rogatica brigade, brought near the village of Duljevac the unlawfully detained civilians from the detention camp Rasadnik in Rogatica. Later that day, the defendant gave the order to soldiers to line-up and execute the civilians, and some/or all among them had been wounded. The defendant took part in the execution. Thereby, 24 civilians were killed and three civilians survived the execution.
GENERAL INFORMATION
Court of BiH
Case file number: XKRN 16⁄05
Indictment: KR-RZ-9⁄05 of 15 September 2005
Criminal act: crime against humanity, under 172 of BiH CC
Defendant: Dragoje Paunović, a.k.a. Špiro
Prosecutor’s Office of BiH: prosecutor Mirsad Strika
Defence counsels: lawyers Ranko Dokić and Jovo Đukanović
Judge in the previous trial: Richard Gebelin
Trial Panel:
Davorin Jukić, the President
Almiro Rodriguez, international judge, Member
TRIAL MONITORING REPORTS
The trial was conducted in the period from 28 September 2005 to 26 May 2006.
The trial was monitored by regional team monitors from BiH and Serbia. Their reports are provided in Bosnian and Serbian respectively.
VERDICT
On 26 May 2006, judge Davorin Jukić – the president of the Trial Panel pronounced that following the presentation of evidence the Panel had established that Dragoje Paunović committed a crime against humanity under Article 172 (1) (a), (h) and (k) of BiH CC.
The Court sentenced him to 20 years long-term imprisonment. The time he had spent in detention from 18 March 2005 was included in his prison sentence. His detention has been extended until the verdict in his case becomes final.
On 27 October 2006, the Appellate Panel upheld the first instance verdict.
