Krsmanovic is currently at liberty in Bosnia because he was tried and convicted in absentia in Belgrade and so can not be jailed by the Sarajevo authorities, according to the terms of a mutual agreement between the two countries on legal collaboration, the Serbian justice ministry said.
The former soldier was arrested in 2011 in the Bosnian town of Visegrad under an international arrest warrant issued by Serbia, after the Belgrade court sentenced him to 20 years in prison for his involvement in the killings of 16 Bosniaks from Sjeverin, in the border area between Serbia and Bosnia.
The case has highlighted the limitations of the 2005 agreement between Bosnia and Herzegovina and Serbia on mutual execution of court decisions, which was signed in 2005. Under the deal, both countries committed to implementing the others prison sentences – but this does not apply if the suspect is tried in absentia.
Krsmanovic is also currently on trial in Bosnia, charged with the murders, rapes and abuse of Bosniaks in Visegrad while he was serving with the Second Podrinje Light Infantry Brigade of the Bosnian Serb Army.
But the Bosnian court released him from detention in December, saying there was no need to keep him in custody, although it imposed a ban on contact with his alleged accomplices. The reason for freeing him was not made public.
The Association of Families of Victims from Sjeverin has condemned Krsmanovics release.
Since he had been out of reach for the authorities for so long, it is not acceptable that he is now released on bail, the Association said in a statement.
We are not satisfied and we do not accept such a shameful decision made by the court, the statement said.
Krsmanovics trial is currently on hold but should resume on April 1.
