The Panel of the Appellate Division of the Court of Bosnia and Herzegovina handed down, on 25 May 2020, a judgment in the case of Ibro Merkez et al. dismissing as ill-founded an appeal filed by the Prosecutor’s Office of BiH in relation to the acquitting part of the Judgment, and upholding in the said part the First Instance Judgment of the Court of Bosnia and Herzegovina, No. S1 1 K 020466 16 Kri of 25 October 2019. In addition, an appeal filed by counsel for the accused Ibro Merkez was granted, and the First Instance Judgment of the Court of Bosnia and Herzegovina, No. S1 1 K 020466 16 Kri of 25 October 2019 revoked in its convicting part, and a hearing ordered to be held before the panel of the Appellate Division of the Court of Bosnia and Herzegovina.
The First Instance Judgment of the Court of Bosnia and Herzegovina, of 25 October 2019, found the accused Ibro Merkez guilty of the commission, by the acts described in the Judgment operative part, the criminal offense of War Crimes against the Civilian Population under Article 142(1), as read with Article 22 of the Criminal Code of the Socialist Federative Republic of Yugoslavia (CC SFRY), which was adopted pursuant to the Law on the Application of the Criminal Code of the Republic of Bosnia and Herzegovina and the CC SFRY. Thus, by applying Articles 33, 38, 42 and 43 of the CC SFRY, the Court sentenced the accused to imprisonment for a term of 2 (two) years.
Pursuant to Article 284 c) of the CPC BiH, the same Judgment acquitted the accused Ibro Merkez, Predrag Bogunić and Ešef Hurić of the charges that they committed the following criminal offenses:
– Ibro Merkez, under Sections I-2a) and II-2a), the criminal offense of War Crimes against Civilians under Article 173(1) e) and c), in connection with Article 180(1) of the CC BiH, all as read with Article 29 of the same Code; and under Sections II a) and IV, the criminal offense of War Crimes against Civilians under Article 173(1) e) and c), in connection with Article 180(1) of the CC BiH;
-Predrag Bogunić, under Sections I-1b), I-2b), III-1b) i III-2b), the criminal offense of War Crimes against Civilians under Article 173(1) e) and c), in connection with Article 180(1) of the CC BiH, all as read with Article 29 of the same Code; and under Section II b) the criminal offense of War Crimes against Civilians under Article 173(1) e), u as read with Article 180(1) of the CC BiH.
-Ešef Hurić under Sections, I-1b), I-2b), III-1b) i III-2b) the criminal offense of War Crimes against Civilians under Article 173(1) e) and c), in connection with Article 180(1) of the CC BiH, all as read with Article 29 of the same Code.
