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Merkez was sentenced to two years in prison, while two other former policemen, Predrag Bogunic and Esef Huric, were acquitted of all charges.
The court found that Merkez executed an unlawful order issued by the war presidency of Gorazde on July 9, 1992, ordering the round-up of the local Serb population. He selected four apartments where 70 civilians, including children and sick people, were detained.
The court determined that Merkez had the authority to improve the conditions in which the civilians were held, but failed to do so, thus contributing to their inhumane treatment.
The verdict said that the civilians did not get adequate meals and were not provided with basic conditions for personal hygiene, and the health of those who were sick deteriorated.
“The defendant himself confirmed having known of the unlawful order and voiced his opposition to the order to the president of the war presidency, after which his dismissal was initiated. However, it is clear from material evidence and witnesses’ testimonies that the defendant acted on the order after all,” said presiding judge Mediha Pasic.
The court decided to impose a sentence below the legal minimum because the defendant had no previous convictions, is now elderly, and objected to the unlawful order to detain the Serbs.
He also allowed the civilians to leave the apartments and allowed for food to be delivered to them.
Merkez, Bogunic and Huric were all cleared of the unlawful detention of 31 Serb civilians from the village of Bucje at the Public Security Station in Gorazde, where they were held in inhumane conditions in an overcrowded room. One died and another tried to commit suicide.
They were also cleared of continuing to keep the detainees in the apartments after August 4, 1992, as well as of depriving them of the right to a fair trial.
Merkez was further acquitted of charges related to the period after August 4, 1992, because he was wounded and underwent medical treatment.
The verdict can be appealed.
