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7 November 2014
News

Milorad Trbic’s Verdict Quashed

Marija Tausan BIRN BiH Sarajevo
The Constitutional Court of Bosnia and Herzegovina has quashed a verdict under which Milorad Trbic was sentenced to 30 years in prison for the genocide in Srebrenica.
The Constitutional Court said that in this case it was determined that the rights of the appellant under the European Convention were abused because of wrong application of law.

As was the case in several other cases, it was determined that the Bosnian State Court instead of the former Yugoslav code, which is more lenient, used the Bosnian Criminal Code in Trbic’s case.

The decision, in which the verdict was quashed, was sent to the Bosnian Court to retry the case.

In earlier cases, the Bosnian Court stopped the sentences of several convicts, because there was no longer a legal basis for their detention.

The Bosnian Court in January 2011 sentenced Trbic, a former assistant deputy for security in the Bosnian Serb Army Zvornik brigade, for taking part in the illegal arrests, detention, executions and excavations of Srebrenica Bosniaks from July 10 to November 30, 1995.

The Trivla chamber concluded that Trbic took part and assisted in the executions of Srebrenica residents from July 12 – 16, 1995 in different locations in Zvornik, Branjevo, Pilica, Orahovac, Rocevic and Petkovci.

Trbic is in detention from April 2005, when he surrendered to the Hague tribunal.

The Trbic case was sent to the Bosnian prosecution in 2007.

The Constitutional Court previously quashed 18 verdicts for wrong applications of criminal code, after which the Bosnian Court retried the convicts and reduced their sentences.

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