Having held a public session, on 27 December 2019 the Appellate Division Panel of the Court of Bosnia and Herzegovina delivered a judgment partly granting the Prosecutor’s appeal and reversing the trial judgment No. S1 1 K 020481 16 Kri, dated 16 July 2019, so as to dismiss the charges against the accused Ahmet Sejdić concerning those Counts of the Indictment which the Prosecution had withdrawn in its amended Indictment of 26 February 2019. In the remaining part, the Prosecutor’s appeal was refused as ill-founded, and the trial judgment was upheld.
The trial judgment acquitted Ahmet Sejdić of the charges that he has, in violation of the rules of international humanitarian law during the war and armed conflict between the ARBiH and the RS Army, ordered, instigated, aided and abetted, perpetrated, permitted, enabled, consented to or in some other manner took part in preparing, aiding and abetting and perpetrating unlawful detention, transfer and relocation of population, deliberate infliction of strong bodily and mental pain or suffering (torture) and inhumane treatment of civilians and prisoners of war, wherein, although he knew or had reason to know, he failed to prevent or punish his subordinates in the deliberate infliction of strong bodily and mental pain or suffering (torture) and inhumane treatment of civilians and prisoners of war, and in looting their property.
The Prosecutor’s Office of Bosnia and Herzegovina has filed an appeal from the judgment.
The public session of the Appellate Division Panel was held on 27 December 2019.
The Indictment alleges that during the war in Bosnia and Herzegovina and the armed conflict between the Army of BiH and the Army of Republika Srpska in the territory of the municipalities of Rudo, Višegrad and Goražde, between early July 1992 and mid-February 1993, Ahmet Sejdić, as commander of the First Višegrad Brigade of the Army of BiH, ordered, instigated, aided and abetted, committed, allowed, made possible, agreed to or in some other way participated in preparing, aiding and abetting and committing the acts of unlawful detention, relocation and transfer of population, deliberate infliction of strong bodily and mental pain or suffering (torture) and inhumane treatment of civilians and prisoners of war, so although he knew or had reason to know, he did not prevent or punish the persons subordinated to him for the deliberate infliction of strong bodily and mental pain or suffering and inhumane treatment of civilians and prisoners of war, and the looting of their property.
Counts of Indictment:
The Indictment charges the accused Ahmet Sejdić with the criminal offense of War Crimes against Civilians and War Crimes against Prisoners of War.
Case history:
On 1 February 2016 the Court of Bosnia and Herzegovina confirmed the indictment charging the accused Ahmet Sejdić with the criminal offenses of War Crimes against Civilians and War Crimes against Prisoners of War in conjunction with Article 173(1), Article 175(1), all as read with Article 180, Paragraphs 1 and 2, of the CC BiH.
At the arraignment held on 10 March 2016, the accused Ahmet Sejdić pled not guilty.
The main trial was initiated on 30 May 2016.
Having completed a trial, on 16 July 2019 the Court of Bosnia and Herzegovina delivered a trial judgment in the case against the accused Ahmet Sejdić, acquitting the accused Ahmet Sejdić of the charges that he committed the criminal offenses as follows: under Sections 1-9 of the Judgment the criminal offense of War Crimes against Civilians under Article 173(1), Subparagraphs c), d), e) and f) of the Criminal Code of Bosnia and Herzegovina, and under Sections 10-11 of the Judgment the criminal offense of War Crimes against Prisoners of War under Article 175(1), Subparagraphs a) and b) of the CC BiH, all in conjunction with Articles 21, 29, 30, 31, 35, 180(1) and (2) of the CC BiH.
Having held a public session, on 27 December 2019 the Appellate Division Panel of the Court of Bosnia and Herzegovina delivered a judgment partly granting the Prosecutor’s appeal and reversing the trial judgment No. S1 1 K 020481 16 Kri, dated 16 July 2019, so as to dismiss the charges against the accused Ahmet Sejdić concerning those Counts of the Indictment which the Prosecution had withdrawn in its amended Indictment of 26 February 2019. In the remaining part, the Prosecutor’s appeal was refused as ill-founded, and the trial judgment was upheld.
