Klickovic et al: First instance verdict quashed
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Having accepted the appeal by the Prosecution of Bosnia and Herzegovina to the acquittal of Klickovic and Drljaca, the Appellate Chamber of the Court of Bosnia and Herzegovina ordered a retrial.
A statement issued by the Court did not specify the reasons for quashing the first instance verdict.
The verdict in question acquitted Klickovic, Drljaca and Ostojic in November 2010 of charges that they participated in a joint criminal enterprise aimed at dividing the municipality of Bosanska Krupa and creating a territory which will be inhabited by an absolute majority of Serbs.
According to the indictment, Klickovic was president of the War Presidency and commandant of the Crisis Headquarters of the Serb municipality of Bosanska Krupa, Ostojic was commander of the Light Krupa Infantry Brigade of the Army of Republika Srpska (VRS), while Drljaca was president of the Trial Chamber of the temporary Military Court in Jasenica.
In its explanation of the first instance verdict, the Trial Chamber specified that the decision for the acquittal was made because the Prosecution failed to prove that in the territory of Bosanska Krupa there was a “broad and systematic attack aimed at non-Serb civilian population,” and that this failed to meet the basic element of criminal offence of crime against humanity.
The Prosecution of Bosnia and Herzegovina appealed to this verdict due to serious violations of the criminal procedure, incorrect and incomplete establishment of facts, and violation of the Criminal Code, while the lawyers of the defendants assessed that the appeal by the Prosecution was unfounded and asked that the first instance verdict be confirmed.
The trial of Klickovic, Drljaca and Ostojic started in April 2008 and lasted around two and a half years.
