Bosnian Serb Ex-Soldier’s Crimes Against Humanity Appeal Rejected

BiH Constitutional Court. Photo: Constitutional Court

Bosnia’s Constitutional Court has rejected an appeal by former Bosnian Serb Army soldier Zdravko Lubarda, who was sentenced to six years in prison for crimes against humanity in the Rogatica area in 1992 and 1993.

“Zdravko Lubarda’s appeal is rejected as unfounded,” the Constitutional Court said in its decision on Wednesday.

Lubarda had claimed that his right to a fair trial had been violated.

But the Constitutional Court ruled that there was no violation of the right to a fair trial and that “clear and substantiated reasons were provided” by the regular courts for their decisions.

“The appellant had an adequate time to prepare his defense and the same opportunity as the prosecution to propose evidence,” the Constitutional Court’s decision stated.

The first-instance verdict in December 2018, which was upheld by the state court’s appeals chamber in June 2019, found that Lubarda participated in the persecution of Bosniak civilians in Rogatica from May 1992 until the end of 1993 as a member of the Bosnian Serb Army.

But it acquitted him of responsibility for the forcible disappearance of several Bosniaks in June 1992.