News in English     | 08.06.2018. 11:34 |

Judgment revoked in the case of Naser Orić et al.

FENA Press release

SARAJEVO, June 8 (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 Naser Orić and Sabahudin Muhić, following a session of the Appellate Division Panel, issued a second-instance decision granting the appeal filed by the Prosecutor's Office of Bosnia and Herzegovina, so the Judgment of the Court of Bosnia and Herzegovina No. S1 1 K 014977 15 Kri of 9 October 2017 is revoked and a retrial ordered before the Appellate Division Panel of the Court of Bosnia and Herzegovina.

The Appellate Division Panel finds that in his appeal the Prosecutor justifiably argues that the trial panel has made an essential violation of criminal procedure provisions under Article 297(1)i) of the Criminal Procedure Code of Bosnia and Herzegovina, which means that the judgment is based on the type of evidence it should not be based on under criminal procedure law. For those reasons, the violation resulted in the revocation of the trial judgment.                                                                                               

The Trial Judgment of the Court of BiH, No. S1 1 K 014977 15 Kri of 9 October 2017, acquitted the accused Naser Orić and Sabahudin Muhić under Article 284c) of the CPC BiH, specifically the accused Naser Orić that by the actions described in Section 1 of the Indictment he committed the criminal offense of War Crimes against Prisoners of War under Article 144 of the adopted Criminal Code of the Socialist Federative Republic of Yugoslavia, and the accused Naser Orić and Sabahudin Muhić that by the actions described in Counts 2 and 3 of the Indictment they committed the criminal offense of War Crimes against Prisoners of War under Article 144 of the CC SFRY, as read with Article 22 of the Code.

The Prosecutor appealed the judgment on the grounds of essential violations of criminal procedure provisions, and the incorrectly or incompletely established facts, moving the Appellate Panel to grant the appeal, revoke the trial judgment in its entirety, and hold a retrial.

Defense counsel for the accused submitted their responses to the Prosecutor’s appeal, moving the Appellate Panel to deny the appeal as ill-founded and uphold the trial judgment.

At the Appellate Panel’s session held on 8 May 2018, the Prosecutor stood by his arguments presented in the appeal, and briefly explained them, while defense counsel briefly presented their responses to the appeal. The accused Naser Orić and Sabahudin Muhić concurred with the arguments presented by their defense counsel and said they had nothing more to add, Court of BiH stated.

(FENA) A. B.

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