Having held a session in the criminal case of Darko Mrđa et al., the Panel of Section I for War Crimes of the Appellate Division of the Court of Bosnia and Herzegovina rendered a Judgment dismissing the Appeal by the Prosecutor’s Office of Bosnia and Herzegovina as unfounded, and partially granting the Appeals by the Defense Counsel for the Accused Darko Mrđa and Zoran Babić, and the Accused Zoran Babić, whereby the Trial Judgment of this Court No. S1 1 K 020819 16 Kri dated 23 April 2019 was revised with respect to the decision on the sentence, as follows:
To the Accused Darko Mrđa, for the criminal offense of Crimes against Humanity under Article 172(1)(h), as read with Articles 29 and 180(1) of the Criminal Code of Bosnia and Herzegovina (CC B-H), of which he was found guilty under the Trial Judgment of this Court No. S1 1 K 020819 16 Kri dated 23 April 2019, the Court fixed a sentence of imprisonment of 15 (fifteen) years, and, considering as fixed the sentence of imprisonment of 17 years imposed under the Judgment by the International Criminal Tribunal for the Former Yugoslavia (ICTY) No. IT 02-59-S dated 31 March 2004, in application of Article 53(2) (b) and Article 55 of the CC B-H, the Court imposed on him a compound sentence of imprisonment of 20 (twenty) years.
To the Accused Zoran Babić, for the criminal offense of Crimes against Humanity under Article 172(1)(h), as read with Article 180(1) of the CC B-H, of which he was found guilty under the Trial Judgment of this Court No. S1 1 K 020819 16 Kri dated 23 April 2019, the Court fixed a sentence of imprisonment of 13 (thirteen) years, and, considering as fixed the sentence of long-term imprisonment of 35 years imposed under the final Judgment of the Court of B-H No. S1 1 K 011967 12 Kri dated 27 March 2014, in application of Article 53(2)(a) and Article 55 of the CC B-H, the Court imposed on him a compound sentence of long-term imprisonment of 35 (thirty-five) years.
The time the Accused Darko Mrđa and Zoran Babić spent in custody and serving the sentence shall be credited toward the pronounced compound sentences as follows:
For the Accused Darko Mrđa, the period from 13 June 2002 to 10 October 2013, under the ICTY Judgment No. IT-02-59-S dated 31 March 2004, and the period from 17 February 2016 to 28 April 2016 that he spent in custody in this case;
For the Accused Zoran Babić, the time spent in custody from 27 May 2008 to 29 May 2008, from 21 December 2010 to 25 October 2011, and the time he will have spent serving the sentence since 15 February 2013 under the Judgment of the Court of B-H No. S1 1 K 003472 12 Kžk dated 15 February 2013.
The remaining part the Trial Judgment remains unchanged.
