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  Ljubisa Beara
  Ljubomir Borovcanin
  Milan Gvero
  Radislav Krstic
  Radivoje Miletic
  Ratko Mladic
  Drago Nikolic
  Vinko Pandurevic
  Vujadin Popovic
  Zdravko Tolimir
 Amended Indictment Court of BiH
20 July 2007
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Milorad Trbic

context : Former Yugoslavia Search
judgement place : Bosnia Herzegovina Search
status : Sentenced
particulars : Voluntary surrendered on 7 April 2005 to the ICTY; sentenced to 30 years imprisonment on 16 October 2009
position : Reserve Captain in the security organ of the Zvornik Brigade
facts legal procedurespotlight
Milorad Trbic voluntary surrendered on 7 April 2005 and was transferred to the ICTY on the same day.

During his initial appearance 13 April 2005, he did not enter a plea. On 11 May 2005, he pleaded not guilty to all charges.

The indictment charged Milorad Trbic on the basis of his individual criminal responsibility (Article 7(1) of the Tribunal Statute) with:

- Genocide;
- Conspiracy to commit genocide;
- Extermination (as a crime against humanity);
- Murder (as a crime against humanity);
- Murder (as a violation of the laws and customs of war);
- Persecutions on political, racial and religious grounds (as a crime against humanity);
- Forcible transfer (inhumane act, as a crime against humanity);
- Deportation (crime against humanity).

On September 21, 2005, following a request by the Prosecutor, the judges accepted to join the 9 cases linked to Srebrenica’s massacre. The nine accused – Ljubisa Beara, Ljubomir Borovcanin, Milan Gvero, Radivoje Miletic, Drago Nikolic, Vinko Pandurevic, Vujadin Popovic, Zdravko Tolimir (see “related cases”) and Milorad Trbic – were all either senior officers in the Bosnian Serb army, the VRS, or the special police force.

A motion by the Prosecution to sever the case of Milorad Trbic from that of the other accused was granted by the Trial Chamber on 26 June 2006.

The trial before the ICTY, without Trbic, began on 14 July 2006.

On 4 May 2007 the ICTY-Referral Bench referred the case of Mirolad Trbic to the authorities of Bosnia and Herzegovina, pursuant to rule 11bis of the Rules of Procedure and Evidence.

On 11 June 2007 Trbic was handed over to the authorities of Bosnia and Herzegovina for trial.

After being referred to the Court of BiH for further processing, a two-month custody was ordered for him in order to allow the prosecution of BiH enough time to adapt the indictment according to local legislation.

Trbic started a hunger strike "because he did not feel guilty" and he asked for the charges to be dropped.

On 27 July 2007 The Court of BiH admitted the amended indictment filed by the Prosecution of BiH. The amended indictment expands the charges against Milorad Trbic, charging him with an additional count of genocide committed against Bosniaks from the UN protected enclave of Srebrenica in July 1995.

On 9 August 2007, Milorad Trbić failed to appear at a plea hearing before the Court. The Court recorded a plea of not guilty in accordance with the law.

The trial commenced on 8 November 2007.

On 28 September 2009, Prosecution and Defence completed their closing arguments.

On 16 October 2009, Trbic was found guilty of genocide and sentenced to 30 years in prison.

The Court found that he was "guilty of genocide, for his participation in a joint criminal enterprise (...) which consisted of the common purpose and plan to capture, detain, summarily execute and bury all able-bodied Bosniak (Muslim) males from the Srebrenica enclave,". The Court further found that the Accused perpetrated these acts with genocidal intent.

The court found him guilty of selecting sites where Bosnian Muslim males from Srebrenica were detained and executed en masse. Trbic was also involved in the exhumation and reburial of victims of the mass executions during which bodies were dismembered and body parts reburied in different mass graves.
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Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty.
 nationality :
 Bosnia and herzegovina
 date of birth :
 22.02.1958
  last time seen :
  Sarajevo (Bosnia and Herzegovina)
  period of charges :
 07.1995 - 07.1995
  judgement period :
  08.11.2007 - 16.10.2009
  charges :
  Crimes against humanity
Genocide
War crimes
  profile last modified :
  21.02.2010
 
Looking for Justice - The War Crimes Chamber in Bosnia and Herzegovina
Human Rights Watch
Narrowing the Impunity Gap - Trials before Bosnia’s War Crimes Chamber
HRW, February 2007 Report (pdf)
icl
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