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Presuda Mladiću u srijedu: Optužen za genocid, progon, istrebljenje, ubistva…

Sudsko vijeće Haškog tribunala izreći će u srijedu, 22. novembra, prvostepenu presudu ratnom komandantu Vojske Republike Srpske, generalu Ratku Mladiću po optužnici koja ga tereti za ratne zločine počinjene na teritoriji Bosne i Hercegovine tokom 1992. do 1995. godine. Mladić je uhapšen 26. maja 2011. godine, nakon 12 godina skrivanja u okolini Lazareva, a Hagu je izručen 31. maja iste godine.

 

Presudu će donijeti sudsko vijeće na čelu sa sudijom Alfonsom Orijeom, 22. novembra, u Sudnici I Međunarodnog suda. Riječ je o prvostepenoj presudi, na koju će se moći žaliti i haško tužilaštvo i Mladićeva odbrana.

Haško tužilaštvo je u završnoj riječi krajem prošle godine zatražilo od sudskog vijeća da Mladića osudi na doživotni zatvor, uz obrazloženje da bi kraća kazna bila  “uvreda za žrtve, žive i mrtve i uvreda za pravdu”, dok je odbrana tražila oslobađajuću presudu.

Mladićevo prvo stupanje pred Sud bilo je 4. jula 2011, na kojem se nije izjasnio o krivici. Pretresno vijeće je u njegovo ime unijelo da se ne osjeća krivim.

Optužnica Mladića tereti za genocid, progon, istrebljenje, ubistva, deportacije i prisilno premještanje i za zločine protiv čovječnosti.

– Dvije tačke za genocid, te pet tačaka za zločine protiv čovječnosti, progoni, istrebljivanje, ubistvo, deportacija, nehumana djela (prisilno premještanje). Četiri tačke za kršenja zakona ili običaja ratovanja, ubistvo, teroriziranje, protivpravni napadi na civile, uzimanje talaca – navodi se u optužnici.

Također, u optužnici se navodi da Ratko Mladić snosi individualnu krivičnu odgovornost u skladu s pravilom 7 (1) Statuta po navedenim tačkama, između ostalog, kroz svoje učešće u nekoliko udruženih zločinačkih poduhvata. Navodi se da je od 12. maja 1992. do 30. novembra 1995, Mladić učestvovao u udruženim zločinačkim poduhvatima UZP-u koji je imao za cilj trajno uklanjanje Bošnjaka i Hrvata s područja u Bosni i Hercegovini na koja su bosanski Srbi “polagali pravo”.

Dalje se navodi da je od 12. maja 1992. do novembra 1995, Mladić učestvovao u još jednom UZP-u, poduhvatu pokretanja i provođenja kampanje snajperskog djelovanja i granatiranja civilnog stanovništva Sarajeva, čiji je cilj bio širenje terora među civilnim stanovništvom.

Osim toga, u optužnici se navodi da je počevši od dana koji su neposredno prethodili 11. julu 1995, pa sve do 1. novembra 1995. godine, Mladić učestvovao u UZP-u eliminiranja Bošnjaka u Srebrenici, i to ubijanjem muškaraca i dječaka, kao i prisilnim odvođenjem žena, djece i jednog dijela starijih muškaraca iz tog područja.

I naposljetku, navodi se da je tokom maja i juna 1995. godine Mladić učestvovao u UZP-u uzimanja pripadnika Ujedinjenih nacija kao talaca kako bi se NATO prisilio da se uzdrži od vazdušnih napada na vojne ciljeve bosanskih Srba.

Mladić se takođe tereti na osnovu krivičnu odgovornosti nadređenog u skladu s članom 7(3) Statuta za zločine navedene u optužnici, između ostalog, da je znao ili imao razloga da zna da se snage pod njegovom efektivnom kontrolom spremaju da počine zločine ili da su ih već počinili, a nije preduzeo mjere da spriječi činjenje zločina ili da kazni počinioce tih zločina.

Zločini koji se navode u optužnici uključuju, između ostalog: ubijanje bosanskih muslimana i bosanskih Hrvata, uključujući vodeće pripadnike tih grupa; na primjer ubistvo 144 osobe u Biljanima (općina Ključ), ubistvo više od 200 zatočenika u Kazneno-popravnom domu Foča, ubistvo oko 150 ljudi u logoru Keraterm, pored Prijedora, i ubistvo najviše 140 zatvorenika u logoru Sušica, pored Vlasenice.

Zatočenje hiljada Bošnjaka i bosanskih Hrvata u zatočeničkim objektima u životnim uslovima smišljenim tako da dovedu do njihovog fizičkog uništenja. Navedeni objekti uključuju logor Manjača (pored Banja Luke), logore Omarska, Keraterm i Trnopolje (pored Prijedora), KP dom u Foči i logor Batković, pored Bijeljine.

Ubijanje više od 7.000 muškaraca i dječaka Bošnjaka iz Srebrenice putem organiziranih pogubljenja, uključujući ubistvo više od 1,000 muškaraca u jednom velikom skladištu u selu Kravice i pogubljenje još 1.000 muškaraca pored škole u Orahovcu.

Bezobzirno razaranje privatne imovine i javnih dobara, uključujući spomenike kulture i sakralne objekte, kao što su brojne džamije širom BiH, takođe se navodi u optužnici.

Djela ubistva koja su bila dio cilja širenja terora među civilnim stanovništvom Sarajeva provođenjem kampanje snajperskog djelovanja i granatiranja, u periodu od 12. maja 1992. do novembra 1995. godine, uključuju granatiranje pijace “Markale” 5. februara 1994, kada je poginulo 66, a ranjeno više od 140 osoba.

– Pretresno vijeće je 15. aprila 2014 donijelo usmenu odluku u skladu s pravilom odbacivši Mladićev zahtjev za oslobađanje od optužbi. Žalbeno vijeće je 24. jula 2014.,  odbacilo žalbu Mladićeve odbrane (podnesena povjerljivo u odnosu na tačke optužnice 1 i 2 – genocid) i potvrdilo odluku prema pravilu. Izvođenje dokaza odbrane počelo je 19. maja 2014. Posljednji svjedok odbrane završio je svoje svjedočenje 16. avgusta 2016. Iznošenje završnih riječi je održano od 5. do 15. decembra 2016.  – rečeno je iz Međunarodnog krivičnog suda za bivšu Jugoslaviju.

Suđenje generalu Vojske Republike Srpske Ratku Mladiću počelo je 16. maja 2012. godine, a okončano 15. decembra 2016. godine.

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