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Humanitarian Law Centerin fear, searched previously, with their children who they tried to protect,their behaviour could, in no conceivable manner, create a feeling of beingthreatened in the defendant. The fact that other persons as well had beenshooting at the group of civilians simultaneously with the defendant doesnot lessen his criminal responsibility. On the contrary, this fact points to anexceptionally increased degree of public danger represented by the originatorof the idea that a group of completely helpless persons should belined up against the wall and killed by a number of armed men shooting atthem, point blank, from automatic rifles.Finally, the very act of shooting in the said manner at a group consisting of12 children and seven women is so unjustifiable, and the consequences ofmurdering whole families so serious that they deserve only the maximumsentence. There were no extenuating circumstances on the part of the defendant,who already had a police record. Because of that, for the war crimeagainst civilian population, as described in Article 142, Paragraph 1, of theCriminal Code of the Federal Republic of Yugoslavia, the court has sentencedthe defendant to a 20 (twenty) year prison sentence. The time thedefendant has spent in detention, from 21 May 1999 to 16 June 1999 andfrom 15 November 2001 to the time the verdict goes into force shall be includedin the sentence.The defendant has been relieved of the obligation to pay the lump sum andbear the costs of the trial in view of the fact that he personally has no meansto do that so that he is not in the position to pay the costs of the criminalproceedings and the lump sum to the court which will be, because of that,paid from the budget.The plaintiffs are directed to a trial to achieve property and legal redressin view of the fact that the court did not have enough data on the basis ofwhich it could have decided on the property and legal redress of the plaintiffsin these criminal proceedings.Since the deputy public prosecutor, in the course of the main trial, has relinquishedthe prosecution of the defendant for the crime of illegal possessionof firearms and ammunition as described in Article 33, Paragraph 1,of the Law on Arms and Ammunition of the Republic of Serbia, because ofthe expiration of the statutes of limitations, the court, on the basis of Article336
Podujevo 1999 – Beyond Reasonable Doubt354, Paragraph 1, of the Law on Criminal Procedure, has dropped chargesagainst defendant Saša Cvjetan for this particular crime.Recording secretary,Slobodanka NedeljkovićThe Presiding judgeBiljana SinanovićLEGAL REMEDYA complaint can be filed against this verdict with the Supreme Court of Serbiawithin 15 days from the receipt of the writ of the verdict through the officesof this court.337
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