Disgraceful Verdict: Lazar Raped His Neighbor in Goražde in 1992, Court in Belgrade Sentenced Him to Only Seven Years in Prison

(Patria) - The War Crimes Department of the Higher Court in Belgrade yesterday issued a verdict finding the accused Lazar Mutlak, a member of the "Podkamen" company of the TO Staff of the so-called Serb Goražde, guilty of the criminal offense of war crimes against the civilian population - raping a Bosniak woman at gunpoint on May 25, 1992, in the Goražde settlement of Lozje, and sentenced him to seven years in prison.

The Humanitarian Law Fund considers the imposed sentence to be too lenient and that the court gave too much weight to mitigating circumstances, considering that this involves sexual violence which, as established, left permanent consequences for the victim.

Although the court conducted this procedure efficiently, given that the main hearing began on April 13, 2023, the verdict delivered does not provide adequate satisfaction for the victim, who has been waiting for justice for over three decades.

Explaining the verdict, the president of the judicial panel, Judge Vladimir Duruz, stated that during the proceedings, it was indisputably established that the accused committed the criminal offense he was charged with, based on the testimony of the victim herself, the testimony of other witnesses, and documentary evidence.

When determining the sentence, the court took into account the passage of time since the commission of the criminal offense, the age of the accused, and the fact that he is a first-time offender.

The passage of time in war crimes proceedings should not be treated as a mitigating circumstance, both because of the nature and gravity of these criminal offenses and because the law stipulates that these offenses do not become statute-barred, which clearly indicates that the passage of time, as well as the age of the accused, is not a circumstance that has any impact.

The sentence should not be influenced by the fact that the accused has not been previously convicted, as adherence to the law is the obligation of every citizen and therefore this circumstance cannot be further valued, especially considering the circumstances under which the criminal offense was committed, namely that the accused knew the victim because they were neighbors and that he took advantage of her helplessness.

Additionally, expert testimony established that the consequence of the rape was post-traumatic stress disorder that developed in the victim and led to a permanent reduction in her overall life capacity by 25%.

The existence of post-traumatic stress disorder and the degree of permanent reduction in life capacity constitute aggravating circumstances that should affect the sentence.

In its twenty years of existence, the Public Prosecutor's Office for War Crimes of Serbia has filed only 13 indictments for sexual violence committed during armed conflicts. Of these 13 indictments, only five related exclusively to cases of rape.

The first-instance verdict issued to Lazar Mutlak is only the third conviction in proceedings conducted exclusively for sexual violence in war before the courts in Serbia, announced the Humanitarian Law Fund.