BiH’s Court upheld a Case against Mujcinovic et al. over War Crimes

May 20, 2019 9:00 AM

The Panel of Section I for War Crimes of the Appellate Division of the Court of Bosnia and Herzegovina, having held a session in the criminal case conducted against the Accused Safet Mujčinović, Selman Busnov, Nusret Muhić, Zijad Hamzić, Ramiz Halilović, Nedžad Hodžić and Osman Gogić, rendered a Judgment dismissing the Appeal by the Prosecutor’s Office of Bosnia and Herzegovina as unfounded and upholding the Judgment of the Court of B-H No. S1 1 K 012159 13 Kri dated 8 September 2017.

Under the Trial Judgment of the Court of B-H No. S1 1 K 012159 13 Kri dated 8 September 2017, pursuant to Article 284(c) of the Criminal Procedure Code of Bosnia and Herzegovina (CPC B-H) the Accused Safet Mujčinović, Selman Busnov, Nusret Muhić, Zijad Hamzić, Ramiz Halilović, Nedžad Hodžić and Osman Gogić were acquitted of the charges that by the actions described in detail in the enacting clause they had committed the criminal offense of War Crimes against Civilians under Article 173(1)(c) and (e) of the Criminal Code of Bosnia and Herzegovina.

Pursuant to Article 189(1) as read with Article 186(2) of the CPC B-H, the Accused were relieved of the duty to cover the costs of the criminal proceedings. In application of Article 198(3) of the CPC B-H, the injured parties were instructed to pursue their claims under property law in a civil action.

The Prosecutor’s Office of B-H filed a timely Appeal from the Trial Judgment on the grounds of incorrectly or incompletely established state of facts and moved the Panel of the Court’s Appellate Division to grant the Appeal, revoke the Judgment and schedule a hearing.

The Defense Counsel for the Accused submitted a timely response to the Prosecution Appeal with individual motions that the Appeal be dismissed as unfounded and the Trial Judgment upheld in entirety.

On 1 June 2018, the Appellate Panel held a session at which the Prosecutor briefly addressed the contents of the Appeal fully reiterating its written version, while the Defense Counsel reiterated their response to the Appeal. The Accused agreed with the arguments of their respective Defense Counsel.

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