The Court of Bosnia and Herzegovina, following the main trial in the criminal case of Zdravko Lubarda and others, on 24 December 2018 pronounced a Judgment finding the Accused Zdravko Lubarda guilty of the criminal offense of Crimes against Humanity in violation of Article 172(1)(h) in relation with Sub-Paragraph (e) – imprisonment or other severe deprivation of liberty, all as read with Article 29 and Article 180(1) of the Criminal Code of Bosnia and Herzegovina (CC B-H).
The Accused Zdravko Lubarda has been found guilty because in the period from the end of May 1992 to the end of 1993, in the territory of Rogatica Municipality, within a widespread and systematic attack by the Army of the Serb Republic of Bosnia and Herzegovina and the Police of the Rogatica Public Security Station aided by paramilitary units from the Republic of Serbia, directed against the non-Serb civilian population in Rogatica Municipality, as a member of the Army of Republika Srpska, MP 7084 Rogatica, knowing of the attack and that his actions constituted a part of the attack, he took part in the persecution of the Bosniak civilians on ethnic and religious grounds in conjunction with other severe deprivation of physical liberty, in violation of fundamental rules of international law.
The Court sentenced the Accused Zdravko Lubarda to imprisonment for a term of 6 (six) years.
Pursuant to Article 284(c) of the Criminal Procedure Code of Bosnia and Herzegovina (CPC B-H):
The Accused Zdravko Lubarda is acquitted of the charge that he committed the criminal offense of Crimes against Humanity in violation of Article 172(1)(h) in relation with Sub-Paragraph (i) of the CC B-H, all as read with Articles 29 and 180(1) of the CC B-H.
The Accused Zdravko Lubarda and Ozren Planojević are acquitted of the charge that they committed the criminal offense of Crimes against Humanity in violation of Article 172(1)(h) in relation with Sub-Paragraph (k) of the CC B-H, all as read with Articles 29 and 180(1) of the CC B-H.
The Accused Ozren Planojević is acquitted of the charge that he committed the criminal offense of Crimes against Humanity in violation of Article 172(1)(h) in relation with Sub-Paragraph (k) of the CC B-H, all as read with Articles 29 and 180(1) of the CC B-H.
Pursuant to Article 188(4) and Article 189(1) of the CPC B-H, the Accused are relieved of the duty to reimburse the costs of the criminal proceedings which shall be covered from the budget appropriations of the Court.
Pursuant to Article 198(2) and Article 198(3) of the CPC B-H, the injured parties are instructed to pursue their claims under property law in civil action.
