Ljubinac Sentenced to Ten Years

Radisav Ljubinac has been found guilty of crimes against humanity and sentenced to ten years imprisonment.

Based on submitted materials and witnesses’ testimonies, the Trial Chamber at the Court of BiH found Ljubinac, who was born in 1958 in Cemanovici village in the Rogatica municipality, guilty of three of the six counts of the indictment.

It ruled that in 1992, Ljubinac took part, jointly with members of army and police of former Srpska Republika BiH and paramilitary formations, in the forced relocation and detention of Bosniaks in Rogatica, as well as inhumane acts “done with the intent to inflict physical and psychological injuries”.

The Court also ruled that in August 1992 he took part in arresting and expulsion of civilians from Seljani village, taking them to a detention camp formed in the High School Centre Veljko Vlahovic in Rogatica and separating the men from the women and children. The women and children were then expelled from the territory of this municipality.

The Trial Chamber determined that Ljubinac is also responsible for the abuse of civilians in Rasadnik detention camp in Rogatica, as well as taking away 27 civilians from this camp who were then used as a human shield on the front line during the attack on Jacen point.

The civilians, 27 of them, were executed after the attack.

Last year, the Court of BiH found Dragoje Paunovic responsible for the execution of these civilians, and sentenced him to 20 years imprisonment.

Due to lack of evidence, the Trial Chamber acquitted Ljubinac of charges in regards to the murder of Mustafa Beslija and Nurija Zimic, as well as charges in regards to taking away of 15 civilians from Seljani village. After they were taken away, this group of civilians were executed and their remains were exhumed in October of 2004 in Dizdareva njiva, close to the indictee’s house.

Trial Chamber chairwoman Zorica Gagala said that the judges did not doubt that these crimes were committed as well, but that it was not proven “beyond reasonable doubt” during the evidence procedure that Ljubinac committed them.

Ljubinac was arrested on December 20, 2005. The time he has spent in custody will be calculated as part of the sentence.

Both sides have the right to appeal. The Appellate Chamber may make the decision and pass the final verdict based on appeals.

During the closing arguments, the prosecution proposed a 20-year prison sentence, while the defence asked for an acquittal.

Ljubinac originally faced an eight-count indictment, but in January of this year Prosecutor Mirsad Strika withdrew two of the counts.

This is the 11th verdict to be passed before the War Crimes Chamber of the Court of BiH.