Bosiljko and Ostoja Marković

Ana B. (assumed name) was fourteen years old when she was raped by soldiers of the Army of Republika Srpska in Kotor Varos (Bosnia & Herzegovina) in 1992. Although Ana B. and her family reported the crime immediately and were heard by the authorities, the case stalled for 20 years.

Investigation

In 2012, TRIAL International took up the case and pressured the authorities of BiH to prosecute the perpetrators. The Prosecutor’s Office finally indicted against Bosiljko Markovic and Ostoja Markovic in April 2014, for war crimes against civilians.

Procedure

The trial started in September 2014, during which several witnesses testified. Ana B.’s mother and brother gave a moving testimony of how they were unable to help her when she was raped. Both of them went through the whole procedure as protected witnesses.

In June 2015, the Court of BiH delivered its judgment, finding the accused guilty of war crimes and sentencing them to ten years imprisonment each. The defense lawyers have appealed sentence and a final decision by the Appeals Chamber is underway.

Outcome

For the first time in Bosnian criminal proceedings, the Court also decided to redress a victim of war crimes: the accused were condemned to pay her a 26 500 KM fine. This outcome is a significant step towards positive court practice regarding victims’ reparation. Compensation claims decided in criminal proceedings save victims additional processes before civil courts, which often burden them with further trauma and costs.

Ana B. concluded: “My fight for justice would not have been possible without TRIAL’s engagement and support. During our exchanges, I felt the honesty of the relationship. This means a lot to me. I am satisfied with the verdict, it proves that justice is within reach and that war crimes cannot be outdated.”