News in English     | 31.05.2018. 16:09 |

Judgment upheld in the case of Azra Bašić, convicted for war crimes

FENA Press release

SARAJEVO, May 31 (FENA) - The Appellate Division Panel of Section I for War Crimes at the Court of Bosnia and Herzegovina, in the criminal case against the accused Azra Bašić, having held a session of the Appellate Division Panel, delivered a judgment dismissing as ill-founded the appeals filed by defense counsel for the accused Azra Bašić and by the BiH Prosecutor's Office, from the Trial Judgment of the Court of Bosnia and Herzegovina, so the Trial Judgment of the Court of Bosnia and Herzegovina, No. S1 1 K 018557 17 Kri of 12 February 2018 is upheld.

The Trial Judgment of the Court of Bosnia and Herzegovina (Court of BiH), No. S1 1 K 018557 17 Kri of 12 February 2018, found the accused Azra Bašić guilty that by the actions described in Sections 1, 3, 4, 5, 6, 7, 8, 11 and 12 of the Operative Part of the Judgment she committed the criminal offense of War Crimes against Civilians under Article 142(1) of the Criminal Code of the Socialist Federative Republic of Yugoslavia (CC SFRY), adopted based on the Law on Application of the Criminal Code of the Republic of Bosnia and Herzegovina and the Criminal Code of the SFRY, and by the actions described in Sections 2, 9 and 10 of the Operative Part of the Judgment the criminal offense of War Crimes against Civilians under Article 142(1) of the CC SFRY, as read with Article 22 of the CC SFRY, so by the foregoing judgment, having applied the relevant legal provisions, pursuant to Articles 38 and 41 of the CC SFRY, the Court sentenced the accused Azra Bašić to 14 (fourteen) years of imprisonment.

Pursuant to Article 50(1) of the CC SFRY, the time the accused spent in pre-trial custody from 15 March 2011 onwards shall be credited towards her prison sentence.

Contrary to the aforementioned, pursuant to Article 284c) of the CPC BiH the Trial Judgment acquitted the accused of the charges that by the actions described in Sections 1, 2 and 3 Subsection IV of the Operative Part of the Judgment she committed the criminal offense of War Crimes against Civilians under Article 142(1) of the CC SFRY as read with Article 22 of the CC SFRY. In relation to the acquitting part of the Judgment, pursuant to Article 189(1) of the CPC BiH, the accused is relieved of the obligation to reimburse the costs of criminal proceedings and court’s scheduled amount, which will be fully paid from within Court’s budgetary appropriations.

The referenced Judgment was appealed by the Prosecutors' Office of BiH on the grounds of incorrectly and incompletely established state of facts (Article 299 of the CPC BiH) and the sentencing (Article 300(1) of the CPC BiH), with a motion that a panel of the Appellate Division of the Court of BiH grant the appeal, and, revoke the first-instance judgment in its acquitting part pursuant to Article 315(2) of the CPC BiH, Article 299(1) and Article 300(1) of the CPC BiH, and order a trial before a panel of the Appellate Division of the Court of BiH.

Counsel for the accused also filed a timely appeal on all grounds of appeal set forth in Article 296 of the CPC BiH, and moved the Appellate Panel of the Court, to grant the appeal pursuant to Article 314 of the CPC, and revise the convicting part of the Judgment by rendering a judgment of acquittal, or to revoke the first-instance judgment in the referenced part pursuant to Article 315 of the CPC BiH, and order a hearing before the Appellate Panel.

On 6 March 2018, the Prosecutor's Office of BiH submitted a response to the appeal filed by the accused's Counsel, with a motion that the Appellate Panel of the Court of BiH dismiss Counsels' appeal as ill-founded. In addition, on 8 March 2018, the accused's Counsel submitted her response to the Prosecution's appeal, with a motion that the Appellate Panel of the Court of BiH dismiss the Prosecution's appeal as ill-founded, and uphold the first-instance Judgment in its acquitting part.

At the session of the Appellate Panel, held on 18 April 2018, the Prosecutor of the Prosecutor's Office of BiH and defense counsel for the accused persons stood by their respective appellate complaints and the responses, while the accused's Counsel referred in more detail to the Prosecution's allegations presented in their response to the defense's appeal, and presented her written arguments.

The accused stood by her Counsel's arguments presented in both the appeal and the response to the Prosecution's appeal, and again contested her own responsibility for the acts charged against her, stated the BiH Court.

(FENA) S. R.

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