Following a public hearing, the Appellate Panel rendered the Appellate
Verdict, refusing as unfounded the appeals submitted by the Prosecutorâ€™s
Office of BiH, the Defence Counsel for the Accused TrbiÄ‡ and the victims,
and upholding the Trial Verdict of 16 October 2009 in its entirety.
Under the Trial Verdict, the Trial Panel found the Accused Milorad TrbiÄ‡
guilty of the criminal offence of Genocide, as a participant in a joint
criminal enterprise, in the period from 12 July to 30 November 1995,
together with Colonel LjubiÅ¡a Beara, Lieutenant Colonel Vujadin PopoviÄ‡,
Lieutenant Drago NikoliÄ‡ and others, with a common purpose and a plan to
capture, detain, summarily execute and bury all able-bodied Muslim men from
the Srebrenica enclave, who were brought to the Zvornik Brigade area of
responsibility. The Panel found that the alleged common purpose and plan
are tantamount to the commission of the crime of Genocide. Therefore, for
participating in the joint criminal enterprise, the Accused TrbiÄ‡ was
sentenced to the long-term imprisonment of 30 years.
The Accused was acquitted of the counts related to the Bratunac Brigade
area of responsibility, considering that the Panel did not find sufficient
evidence to convict the Accused for participation in this operation beyond
a reasonable doubt.
The maximum penalty for this offence is 45 years. According to the law,
the Panel must also consider the extenuating circumstances. In sentencing
the Accused, the Panel found that there are both mitigating and aggravating
circumstances. In its consideration of the mitigating circumstances, the
Panel found that TrbiÄ‡ did not participate in the overall planning of these
criminal acts, hence the criminal sanction reflects his level of liability
in the overall plan.
The Prosecutor of the Prosecutorâ€™s Office of BiH, the Defence Counsel for
the Accused and a certain number of victims appealed the Trial Verdict in a
The Prosecutor appealed on the grounds of the erroneously and incompletely
established state of facts and the decision on sentence, and moved the
Appellate Panel of the Court to grant the Appeal as well-founded and revoke
the contested Verdict in part, specifically in its acquitting part, as well
as to order a retrial before the Appellate Panel, and to uphold the Trial
Verdict in its sentencing part. As for the sentence, the Prosecutor moved
that the Trial Verdict be reversed, and the Accused Milorad TrbiÄ‡ sentenced
to the long-term imprisonment of 45 years.
The Defence Counsel for the Accused appealed the Trial verdict on all
grounds, including essential violations of the criminal procedure,
violations of the Criminal Code, the erroneously established state of facts
and the decision on the sentence, and moved the Panel to revoke the
contested Verdict in its sentencing part, hold a hearing, after which the
Appellate Panel would review the facts and evidence properly and in
accordance with the law, eliminate the referenced and other major criminal
procedure violations, and acquit the Accused Milorad TrbiÄ‡ of the charges.
Appeals were also filed by a certain number of victims, against the part
of the Verdict on the costs and property claims. Namely, given the poor
financial standing of the Accused, he was exempted from paying for the
costs of criminal proceedings, while the victims were referred to take
civil action in view of their property claims.
On 21 October 2010, the Appellate Panel held a public hearing, where the
Prosecutor and the Defence Counsel for the Accused briefly presented their
appeals and maintained their respective grievances in their entirety. In
their view, oral presentations of their adversary were unfounded; hence
they moved the Court to refuse them as such. In review of the grievances,
the Appellate Panel found their grievances to be meritless, and upheld the