The Special Panel of the Court of Bosnia and Herzegovina announced, on 30 September 2020, a judgment in the case of Boris Bošnjak et al.
The accused Boris Bošnjak, Miodrag Grubačić and Ilija Đajić are charged of committing the criminal offense of War Crimes against Civilians under Article 142(1) of the Criminal Code of the Socialist Federative Republic of Yugoslavia, as read with Article 22 of the Code, which was adopted based on the Law on Application of the Criminal Code of the Republic of Bosnia and Herzegovina and the Criminal Code of the Socialist Federative Republic of Yugoslavia. Therefore, pursuant to Article 285 of the Criminal Procedure Code of Bosnia and Herzegovina, with the application of Articles 33, 38 and 41 of the CC SFRY, the Panel sentenced the accused Boris Bošnjak to 10 (ten) years of imprisonment, the accused Miodrag Grubačić to 5 (five) years of imprisonment, and the accused Ilija Đajić to 6 (six) years of imprisonment.
Contrary to the foregoing, pursuant to Article 284a) and c) of the Criminal Procedure Code of Bosnia and Herzegovina, the Panel partly acquitted the accused Boris Bošnjak and Ilija Đajić, and the accused Miodrag Grubačić, pursuant to Article 284 c) of the same Code, of the charges that, by the acts described in certain counts of the Indictment, they would have committed the criminal offense of Crimes against Humanity under Article 172(1)(h), as read with sub-paragraphs (f), (g) and (k), in connection with Article 180(1) and Article 29 of the CC BiH.
Pursuant to Article 284 a) and c) of the CPC BiH, the accused Miloš Mavrak was completely acquitted of the charges that, in the framework of a widespread and systematic attack launched by military, para-military and police forces of Republika Srpska, aimed against Bosniak and Croat civilians of the municipalities of Mostar, Gacko, Nevesinje, Bileća and Stolac, knowing of the attack and that their actions constitute a part thereof, as a co-perpetrator, he committed persecution and inhumane treatment with the intention to inflict great pain on multiple persons
