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Marko Boki pleads guilty to the criminal offense of

Crimes Against Humanity under article 172 of CC BiH

19 July 2010

Accused Marko Boki has concluded a Plea Agreement admitting his participation in the

criminal offense of Crimes against Humanity under Article 172 in relation to subparagraph (a)

of the same article of the Criminal Code of Bosnia and Herzegovina, as stated in the Indictment

of the Prosecutor's Office of BiH dated 5 July 2010.

Accused Marko Boki, born in Tuzla on 9 July 1964, previously residing in the USA, under

the jurisdiction of the immigration and customs authorities in Boston, USA, citizen of BiH and

of the Republic of Croatia, concluded a Plea Agreement with a Prosecutor of the Special

Department for War Crimes of the Prosecutor's Office of BiH for the criminal offense of

Crimes against Humanity under Article 172 of the Criminal Code of BiH.

According to the charges, in July 1995, the accused Marko Boki, as a member of the 10th

Sabotage Detachment with the VRS Main Staff at the Branjevo Farm, Zvornik Municipality,

committed the criminal offense of Crimes against Humanity under Article 172 of the Criminal

Code of BiH.

According to the terms of the Agreement, the Prosecutor petitioned the Court of BiH to impose

on the accused a prison sentence ranging between five and ten years.

When deliberating on the prison sentence range, the Prosecutor's Office of BiH bore in mind

that the accused Boki supplied important information about the war crime and its perpetrators, thereby enabling the detection and criminal prosecution of a number of

individuals responsible for the executions of captured men from Srebrenica.

The accused also provided important information that will assist in the criminal prosecution of

other members of the 10th Sabotage Detachment as well as other individuals who were

involved in the planning, preparation, ordering and carrying out of executions of captured men

from Srebrenica, and in the removal of evidence of crimes.

Furthermore, the Prosecutor's Office of BiH bore in mind that the accused Boki, while in

detention in the USA, admitted his guilt and expressed his remorse. The accused stated that hewas aware of the crimes he committed and the suffering he caused, and that he must be

punished for his actions. Moreover, the accused Boki did not seek extradition to Croatia; he

holds Croatian citizenship and would thus become unavailable to BiH's judicial authorities.

Instead, he expressed his wish to be deported to BiH, to admit his guilt for the crimes charged

and to be punished for the crimes that he had committed.

Accused Marko Boki was convicted in the USA to 63 months' imprisonment (five years and

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three months) for violating immigration laws and providing false information about his

membership in the armed forces during the war in BiH, and he served that sentence. However,

that particular punishment is viewed in isolation and shall not be an integral part of the

punishment referred to in the Agreement.

Prior to the conclusion of the Plea Agreement, the Prosecutor's Office had a consultation with

representatives of genocide victims in Srebrenica, and the latter gave their support and agreedthat the conclusion of the Agreement would yield abundant evidence and facts that would assist

in detecting and punishing other perpetrators of war crimes, as well as shed light on many

events that occurred in and around Srebrenica in July 1995.

By concluding the Agreement, the accused Marko Boki admitted to committing the crime as

referred to in the Indictment of the Prosecutor's Office of BiH. By signing the Agreement, the

accused waived his right to a trial and his right to appeal the verdict to be imposed by the Court

of BiH.

After the Court accepts the statement of admission of guilt and prior to the imposition of thesentence, the accused undertook to make a statement expressing his remorse for the crime

committed and apologize to all the victims of genocide in Srebrenica.

Having been advised of the contents of the Agreement, the accused Marko Boki confirmed

that his statement of admission of guilt was made voluntarily, consciously and with

understanding.

The Agreement has been submitted to the Court of Bosnia and Herzegovina.