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Babic was freed on Thursday and denied that he personally took part in the illegal arrests of Bosniak civilians and their detention in the Vuk Karadzic School. The Appeals Chamber found that he had no authority over the conditions of their detainment.
“The Chamber recalls that in his closing arguments, even the Bosnian prosecutor did not address the issue of individual responsibility, but instead focused on the alleged command responsibility of Babic. The Chamber still analyzed all evidence and found that none of the called witnesses confirmed that Babic took part in illegal detainment”, said the presiding judge Redzib Begic.
Discussing the charges regarding abuse, forced disappearance and murders of civilians – which were committed by guards in the school – Judge Begic said that the Appeals Chamber found that Babic did not have control over the guards since they did not belong to the military police, but were volunteer units.
“The Bosnian prosecution had an obligation to show that the military police had responsibility for outer and inner security since abuse happened inside, show a regulation which would order Babic to stop abuse, and finally show he had real authority over guards, which was not done”, said Begic.
Begic said that military policeman “patrolled around town and sometimes around the school”, but Babic told them not to enter the school, since civilians were detained there.
Guards in the school, according to the Chamber, were members of volunteers units, which Babic could not control.
“It is in the interest of justice for real perpetrators to answer for crimes, and this Chamber believes this is not true for this case. The Bosnian prosecution has an obligation to continue searching for the real perpetrators”, said Begic.
In December 2013, under the first instance verdict, Babic was found not guilty of crimes in Vuk Karadzic School where more than 400 Bosniaks were detained in 1992 and were subjected to abuse and torture, and where some were killed.
This verdict was quashed and a retrial started last year.
