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The first instance verdict sentenced Lalovic on August 28, 2011, to five years in prison for assisting in rape and undertaking measures of intimidation and terror in the Milan Radojevic school in Kalinovik in July and August, 1992.
According to the Prosecution of Bosnia and Herzegovina, the first instance chamber granted greater significance to extenuating circumstances when it sentenced the defendant to five years in prison than it should have.
“There are also aggravating circumstances… These are ruthlessness and brutality in behaviour, as well as the frequency of such behaviour (…) The claim that the defendant expressed rage over the imprisonment of his brother, which represents an act of revenge, is actually an aggravating circumstance,” said prosecutor Munib Halilovic.
He added that a bad financial and family situation are extenuating circumstances, but not inasmuch to influence the length of sentence.
The defendant’s Defence assessed that the acceptance of deposits given by the suspect during investigation, which the verdict specified as evidence that the defendant was aware of his crime, is wrong because at the time Lalovic did not have adequate Defence.
“We believe that the procedure was violated, because in the amended indictment it is added that the defendant was aware that the unknown soldiers of the Army of Republika Srpska will commit violence, including rape. The defendant could not have defended himself from these claims during the procedure,” said lawyer Radivoje Lazarevic.
He added that according to the expert evaluation the defendant had reduced intellectual abilities.
The first instance chamber found Lalovic guilty of making it possible for two soldiers to enter the Miladin Radojevic school, knowing that they will rape a prisoner. It is said that Lalovic was a security guard as a member of the reserve make-up of the police station in Kalinovik.
Lalovic is being held in custody, and the Appellate Chamber will make the decision on the appeals at a later date.
