"The Referral Bench (...) hereby grants the Motion and orders that the case of Prosecutor v. Zeljko Mejakic, Momcilo Gruban, Dusan Fustar and Dusko Knezevic be referred to the authorities of the State of Bosnia and Herzegovina, so that those authorities should forthwith refer the case to the appropriate court, i.e., the State Court, for trial within Bosnia and Herzegovina," the tribunal said.
"Having considered the matters raised by the submissions, and in particular the gravity of the alleged criminal conduct of the Accused and their level of responsibility, and also being satisfied on the information presently available that the Accused will receive a fair trial, and that the death penalty will not be imposed or carried out, the Referral Bench concludes that referral of this case to the Authorities of Bosnia and Herzegovina for trial, should be ordered.
Defence attorney of the four indictees have opposed the motion to refer the case to the Bosnian judiciary and the authorities of Serbia and Montenegro requested that the trial be referred to the war crimes court in Belgrade because the four men are the citizens of Serbia and Montenegro.
The four accused are charged with having committed crimes which arise in the context of the detainment of non-Serbs, principally Bosnian Muslims and Bosnian Croats, in camps at Omarska and Keraterm in Bosnia and Herzegovina, between May and August 1992. It is alleged that the Accused Zeljko Mejakic was the Commander of the Omarska Camp at that time, Momcilo Gruban was a guard shift commander at the Omarska Camp and Dusan Fustar at the Keraterm Camp, and that Dusko Knezevic held no official position but was able to enter both of those camps when he wished. Each of the accused is charged with five offences -- persecution; as a crime against humanity, murder; as a crime against humanity, murder; as a violation of the laws and customs of war, inhumane acts; as a crime against humanity, cruel treatment; as a violation of the laws and customs of war.