Bosnian Court terminates Custody for Hamza Labidi for Joining Foreign Paramilitary


The Court of Bosnia and Herzegovina issued, on 24 July 2020, in the case of Hamza Labidi, a decision granting a motion filed by counsel for the accused Hamza Labidi to terminate custody ordered under the Decision of the Court of BiH of 17 March 2020, and extended under the Decision of 18 May 2020.

At the same time, the following prohibitive measures under Article 126(1) and (2) of the Criminal Procedure Code of were imposed on the accused Hamza Labidi: ban on leaving the residence (the accused’s movement restricted strictly to his house, which he cannot leave without a prior consent of the Court of BiH, except for the purposes of appearing before the Court in relation to this criminal matter upon being summoned by the Court or the Prosecutor’s Office of BiH; while a review of the said measure will be randomly carried out by authorized officials of the Police Station Zavidovići three times a week); ban on travel (the accused is prohibited from travelling outside BiH; the accused’s valid travel documents shall be seized from the accused, in addition to the ban on issuance of new travel documents and ban on crossing the state border by using his ID); and ban on meeting with certain persons under Article 126.a (1) c) of the CPC BiH by prohibiting the accused Hamza Labidi from making any mutual contacts and meeting with the witnesses for the Prosecutor’s Office of BiH in the present case.

The imposed prohibitive measures shall stay in force as long as necessary, and a review of justifiability of the said measures shall be carried out upon expiration of each two-month period. The execution of the imposed prohibitive measures shall be controlled by police officials of the Police Station Zavidovići, and the Border Police of Bosnia and Herzegovina. Pursuant to Article 126b. (3) of the CPC BiH, the accused was cautioned that he can be ordered in custody should he fail to comply with the prohibitive measures imposed.

On 15 May 2020, the Court confirmed an indictment in the case of Hamza Labidi charging the accused with the commission of the criminal offense of Unlawful Establishment and Joining Foreign Paramilitary or Parapolice Formations under Article 162b (2) of the CC BiH.

At the plea hearing held on 17 June 2020, in Case no. S1 2 K 024811 20 Ko, the accused Hamza Labidi pleaded not guilty to the criminal offense of Illegal Establishment of and Joining Foreign Paramilitary or Parapolice Formations under Article 162b paragraph 2 of the CC BiH.

The main trial was initiated on 15 July 2020. The prosecution is currently presenting its evidence.



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