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19 November 2013
News

Individual Decisions on Renewal of Proceedings

Amer Jahić BIRN BiH Sarajevo

The Court of Bosnia and Herzegovina announces that it will make a separate decision for each individual case as to whether to renew second instance trials against the ten genocide and other war crimes convicts, who have been released from prison.

The Constitutional Court of Bosnia and Herzegovina quashed the second instance verdicts, because it considered that the retroactive application of the Criminal Code of Bosnia and Herzegovina was detrimental to the indictees. According to the decisions rendered by the Constitutional Court of Bosnia and Herzegovina, the Criminal Code of the former Yugoslavia, which was more favourable for perpetrators, should have been applied.

The Court of Bosnia and Herzegovina has already scheduled hearings at which it will decide whether the trials will be renewed or crimes reclassified only. The trial of Pekez and others is due to be held on December 16.

The following persons, who were sentenced for genocide, have now been released to liberty: Slobodan Jakovljevic (sentenced to 28 years in prison), Aleksandar Radovanovic (32), Branislav Medan (28), Brane Dzinic ( 32), Milenko Trifunovic (33) and Petar Mitrovic (28).

Milorad Savic was sentenced to 21 years in prison, Mirko (son of Spiro) Pekez to 14 and Mirko (son of Mile) Pekez to 29 for having committed war crimes in Jajce municipality.

Nikola Andrun, who was sentenced to 18 years in prison for having committed war crimes in Gabela detention camp, near Capljina, has been released to liberty as well.

The Court of Bosnia and Herzegovina said that no prohibiting measures had been ordered against them.
“Within the second instance proceedings in these cases the Appellate Chambers will render verdicts in line with the Constitutional Court’s decisions,” the Court of Bosnia and Herzegovina announced.

Considering the fact that the persons, who have now been released to liberty, are genocide and war crimes convicts, the Prosecution of Bosnia and Herzegovina told Justice Report: “We shall act in accordance with the law and request custody or prohibiting measures in each case in which the reasons for doing so exist”.

Justice Report has not been able to get a concrete answer to our question on whether the Prosecution of Bosnia and Herzegovina will file custody order motions for the ten former convicts, who now have the status of indictees.


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