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(Source picture: Večernji List)

(Source picture: Večernji List)

Office of the War Crimes Prosecutor v. Saša Radak

Court District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro
Decision title Indictment
Decision date 13 April 2005
Parties
  • Office of the War Crimes Prosecutor
  • Saša Radak
Other names
  • Ovčara 3
Categories War crimes
Keywords Former Yugoslavia, Ovcara, prisoners of war, war crimes
Links
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Summary

Saša Radak was a member of a volunteer unit of the Yugoslav People’s Army (JNA). The War Crimes Prosecutor alleged that, in the period between 20 and 21 November 1991, together with other volunteer and as a part of a shooting platoon, Radak has treated inhumanely and executed 192 of the Croatian POWs.

Even though verdicts against Radak were entered on two occasions (2006 and 2009) and he was sentenced to 20 years of imprisonment, the Supreme Court of Serbia overturned them both, in 2007 and 2013, respectively. This was due to the significant breaches of the criminal procedure and the verdicts being based on insufficiently verified factual evidences.

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Procedural history

Saša Radak was arrested in May 2005.

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Related developments

Saša Radak was sentenced to 20 years of imprisonment by the War Crimes Chamber on 9 September 2006.

The Supreme Court of Serbia overturned the verdict of 2006 against Saša Radak on 10 April 2007 due to a significant breach of criminal procedure, with the verdict being based on insufficiently verified factual evidence. On 12 February 2009, following the merging of Radak’s case with the case of other accused persons for the crimes in Ovčara, Radak was found guilty and sentenced to 20 years in prison.

On 14 December 2013 the Supreme Court of Serbia once again overruled the verdict entered against Radak, this time the one of 2009.

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Legally relevant facts

The relevant period of the indictment is between the afternoon of 20 November and the early morning of 21 November 1991, at the Ovčara farm in Vukovar, Croatia, then part of SFR Yugoslavia. A non-international armed conflict was ongoing between the Yugoslav People’s Army (JNA) forces, Vukovar Territorial Defense (TO) and volunteer units on one side, and the Croatian armed forces, volunteers, National Guard units, and members of the Police, Territorial Defense and Civil Protection on the other. The accused Saša Radak was a member of a volunteer unit of the JNA.

On 18 November 1991 some members of the Croatian armed forces surrendered to the JNA forces. The Croatian forces, now prisoners of war (POWs) were transferred to the Ovčara farm and taken over by Vukovar TO members. Vladimir Vukčević, the War Crimes Prosecutor, alleged that Saša Radak, together with ten members from the Vukovar TO and four other volunteers, has physically injured, treated inhumanely and killed, as part of a shooting platoon, 192 of the Croatian POWs (pp. 1-2).

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Core legal questions

The War Crimes Prosecutor asked the War Crimes Chamber at the District Court in Belgrade to find that Saša Radak has committed war crimes by physically injuring, inhumanely treating and killing 192 of the Croatian POWs, in violation of both international law and the laws of SFR Yugoslavia, in particular article 144 of the Criminal Code of SFRY.

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Specific legal rules and provisions

Act on Criminal Procedure of Serbia:

  • Article 33 (severance of the criminal proceeding)
  • Article 46(2) (duty of the police and other government authorities participating in the preliminary investigation to act pursuant to the Public Prosecutor’s request)
  • Article 265(1) (ordering detention in the preliminary investigation)
  • Article 266 (finding a person in the act of committing a criminal offense)

Criminal Code of SFRY:

  • Article 22 (complicity)
  • Article 144 (war crime against prisoners of war)

Geneva Convention (III) relative to the Treatment of Prisoners of War:

  • Article 3(1) (conflicts not of an international character)
  • Article 4 (prisoners of war)

Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War:

  • Article 1 (respect for the convention)
  • Article 3 (conflicts not of an international character)
  • Article 27 (treatment I. general observations)

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II):

  • Article 4(1)-(2) (fundamental guarantees)
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Instruments cited

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Related cases

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Additional materials