Bosnian Serb Ex-Officer Cleared of Crimes Against Humanity

The Bosnian state court. Photo: BIRN

The Bosnian state court in Sarajevo on Thursday acquitted Ratko Djurkovic of crimes against humanity, clearing him failing to prevent the murders of four civilians and two prisoners of war in the village of Tursunovo Brdo near Teocak in July 1992 or punish the perpetrators.

Presiding judge Mira Smajlovic told the court that it had not been established beyond reasonable doubt that Djurkovic committed the crimes.

Smajlovic said that according to witnesses’ statements, two of the victims who were said to be civilians were not actually civilians at the time of their deaths, and that it had not been established how another victim died.

“The prosecution has not managed to clarify or prove the allegations about the deaths of the civilians or shed light on how the murders were committed and who the perpetrators were,” she explained.

Regarding the burning of houses in Tursunovo Brdo, the court assessed that local residents had the information that the Bosnian Serb Army was getting ready to conduct an attack so they left the village, but the Bosnian Serb Army had the information that the village had been abandoned, so this could not be seen as an attack on the civilian population.

As for the murders of the two prisoners of war, the only evidence presented was a statement by a witness who claimed to have heard that someone had killed them out of revenge, but it was impossible to check the statement, the court found.

“There is no doubt that the two prisoners were killed, but the prosecution did not try to present evidence about the circumstances of their capture and murder,” Smajlovic said.

The court also found that it had not been determined who the perpetrators were and to which unit they belonged, as Djurkovic did not have effective control over several units.

Radomir Nedic, the former commander of the First Majevica Brigade, was originally charged alongside Djurkovic but the court ruled last year that Nedic was incapable of standing trial because of poor health and the case against him was discontinued.

Djurkovic did not attend the verdict hearing, and his defence provided medical documentation that his health has deteriorated.

This was a first-instance verdict and can be appealed.