The Cantonal Court in Bihac sentenced five former members of the National Defense of the Autonomous Province of Western Bosnia to a total of 19 and a half years in prison for crimes committed during 1995 in the area of Velika Kladusa. Senad Gracanin was sentenced to five years, Damir Miljkovic to four and a half, Suvad Dizdarevic and Izet Mustedanagic to three each, and Smail Samardzic to four years in prison.
They were convicted as members of the Military Police of the First Brigade of the National Defense of the Autonomous Province of Western Bosnia, for a war crime committed in 1995 against prisoners of war, members of the Army of the Republic of Bosnia and Herzegovina (ARBiH), and Miljkovic and Samardzic also for a crime against the civilian population.
As stated in the verdict, in July 1995, in the place of Barake, after a large number of members of the Fifth Corps of the ARBiH were captured, Gracanin physically mistreated the prisoners and beat them with wooden sticks, feet, and fists. The verdict states that in the evening hours, the prisoners were taken out into the yard, where the military policemen, among whom were all five of the accused, formed a corridor and beat them with wooden sticks, rifle butts, iron bars, fists, and feet. After that, they were taken to the “Dolovi” camp.
“That the accused committed the mentioned criminal acts, the court established based on the testimonies of examined witnesses, findings and opinions of medical experts, namely experts in forensic medicine and pathology, team expertise of a psychiatrist and a psychologist, and written evidence in the case file,” states the verdict.
Miljkovic and Samardzic were convicted because they physically and psychologically abused a civilian, who was losing consciousness from his injuries.
Gracanin, Miljkovic, Dizdarevic, and Samardzic are obliged to jointly cover the costs of the criminal proceedings, in the total amount of 5.620 BAM, and each pays a flat fee of 200 BAM within 15 days from the finality of the verdict. The injured parties are referred to civil proceedings. An appeal to the Supreme Court of the Federation is allowed against this verdict.
