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Humanitarian Law CenterThe Statement of Reasons in the verdict is not in conformity with the provisionof Article 361 Para 7 of the Criminal Procedure Code because the exhibits,based on which the court considered the probation of evidence, onwhich the existence of objective and subjective elements of criminal act depend,are not produced in the verdict in the most important segments andwith the authenticity of the evidence adduced.The first instance court stated in the first paragraph on the page 22 of theverdict, among others, that witnesses Miroslav Filipović, Svetlana Filipović,Tomislav Petrović, Željko ukić, Dragan Medić, Slobodan Medić, NikolaKovačević, Petar Mitrović, Nazim Veseli, Nebojša Cekić, Milovan Tomić,Dragan Borojević, and Sran Manojlović were examined and ŽivojinCvetković’s report regarding 19 corpses that were found at the territory ofthe Podujevo Municipality was read out, as well as the UN InternationalCriminal Court prosecutor’s letter with the names of possible injured partiesin this criminal procedure and the names of the persons whose autopsieswere carried out by the prosecution’s personnel and the court failed toevaluate any of the evidence.Since all evidence adduced in the main hearing must be evaluated and itmust be concluded whether or not it proves some relevant fact, by failureto do so the first instance court made the verdict contain no reason for thedecisive facts, which represents a grave breach of Article 368 Paragraph 1Item 11 of the Criminal Procedure Code.When the defendant changed his defence and the first instance court stilladopted the defendant’s defence presented on 24 May 1999 it was especiallyimportant to evaluate the content of witness Slobodan “Boca”Medić’s statement since he was the commander of the Scorpions unit atthe time, as well as the statements given by witnesses Sran Manojlović,who was the deputy commander, and Dragan Medić, also known as Guljo,who is the brother of this unit’s commander, and who was, according todefendant Saša Cvjetan’s allegations, a leader of one of the platoons, andDragan Borojević.It was also necessary to evaluate the statements of the aforementionedwitnesses because in paragraph 1 on page 31 of the verdict, the court acceptedwitness Goran Stoparić’s testimony given on record on 10 Decem-214