Jezik / Language:
30 April 2010

Tomic and Josic: First Instance Verdict Appealed

The Prosecution of Bosnia and Herzegovina appeals the verdict by which Ljubo Tomic and Krsto Josic were acquitted of participation in crimes committed in the Zvornik area.
The State Prosecution filed the appeal on the grounds of violations of the Criminal Proceedings Code and wrongly and incompletely determined facts in the first instance verdict. It asked the Court to order a retrial.

By the first instance verdict pronounced by the Court of Bosnia and Herzegovina on March 12, 2010, Ljubo Tomic and Krsto Josic, former members of the Republika Srpska Army, VRS, were acquitted of responsibility for war crimes against civilians.

The State Prosecution charges the two indictees with having participated, on June 26, 1992, in searching Marhosi forest in Kozluk, Zvornik municipality, for Bosniak civilians, and having shot at their neighbours who were hiding in the area. On that occasion three civilians were killed, while one managed to run away.

In the first instance verdict the Trial Chamber determined that "a conviction cannot be based" on the presented evidence.

"There is no doubt that Muradif Ibrahimovic, Izet and Semso Nuhanovic were killed, but the way in which they died is in doubt. The Prosecution of Bosnia and Herzegovina based its allegations that the indictees committee the crime on a statement given by witness Nurija Nuhanovic. However, the witness did not personally see who killed his son and neighbours. He even said he thought his son was captured," Trial Chamber Chairwoman Vesna Jasenkovic said.

In June 2009 Tomic and Josic denied participation in the crime. Their trial began at the end of August last year.
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