Vukovic Found Guilty

The Court of Bosnia and Herzegovina has found Radmilo Vukovic guilty of war crimes against civilians and pronounced a first instance sentence of five years and six months’ imprisonment.

Vukovic – as a member of the armed forces of the Srpska Republic in BiH – is guilty for the repeated rape of the protected witness “A” in Foca in the summer of 1992. After she managed to escape from the town, in February 1993, the victim gave birth to a baby boy who she abandoned immediately afterwards.

A DNA blood analysis performed during the investigation process confirmed that Vukovic was the father of the baby. The indictee did not deny this, and his defence team instead argued that the relationship between “A” and Vukovic had been consensual.

The Trial Chamber’s sentence also contains a decision prohibiting Vukovic from having any contact with the child. However, the decision also allows the father’s identity to be revealed to the child so that the child can decide if he wants to get in contact with his father.

In passing the verdict, the judges took Vukovic’s position as a family man and his lack of a criminal record into consideration as mitigating circumstances.

“A special mitigating circumstance” was the fact that the victim “A” and the accused had been in a relationship before the war.

According to the Criminal Code of BiH, the minimum sentence for war crimes is ten years. However, when mitigating circumstances are taken into account, as was the case with this trial, the sentence can be shorter.

Shortly after the verdict was announced, the Defence expressed its dissatisfaction and announced that it would lodge an appeal. Attorney Vojo Radovic also stressed that he considered it wrong that the Court had accepted to characterise the actions of his client as war crimes.

“This was not a war crime. In addition, the Court has accepted the fact that the [witness and indictee] were having a relationship before the war, but it still passed the verdict of rape,” Radovanovic said.

The judges have allowed Vukovic could stay free until a final verdict – following the appeal process – is announced.

Radmilo Vukovic was born in 1952 in Rataje village, municipality of Foca. The indictment against him was confirmed by the Court of BiH on 13 October 2006, and the main trial started on 19 January 2007 and lasted until 11 April.

During the trial four witnesses were examined, two from each side, as well as two expert witnesses.