In the criminal case against the accused Muhamed Šišić, Aziz Šuša and Tarik Šišić, Panel of Section I for War Crimes of the Appellate Division of the Court of Bosnia and Herzegovina, having held its session, delivered a judgment granting the appeal of the Prosecutor’s Office of Bosnia and Herzegovina and reversing Judgment of the Court of Bosna and Herzegovina (BiH) No. S1 1 K 016447 17 Kžk of 17 October 2018 in the part pertaining to the decision on the punishment. To wit, the accused Muhamed Šišić, Aziz Šuša and Tarik Šišić, for the criminal offense of War Crime against the Civilian Population under Article 142 paragraph 1 of the Criminal Code of SFRY adopted on the basis of the Law on the Application of the Criminal Code of the Republic of Bosnia and Herzegovina and the Criminal Code of SFRY as read with Article 22 thereof, of which they were found guilty, the accused Muhamed Šišić, sentence of imprisonment for a term of 10 years and accused Aziz Šuša and Tarik Šišić, sentence of imprisonment for a term of 8 years each,
The appeals of counsel for the accused Muhamed Šišić, Aziz Šuša and Tarik Šišić are dismissed as ill-founded, and the second-instance judgment remains otherwise unaffected.
By the second-instance judgment of the Court of BiH No. S1 1 K 016447 17 Kžk of 17 October 2018, the accused Muhamed Šišić, Emir Drakovac, Aziz Šuša and Tarik Šišić were found guilty that they, by the acts described in the enacting clause of the impugned judgment, committed the criminal offense of War Crime against the Civilian Population under Article 142(1) of the Criminal Code of SFRY adopted on the basis of the Law on the Application of the Criminal Code of the Republic of Bosnia and Herzegovina and the Criminal Code of SFRY as read with Article 22 thereof.
The Prosecutor’s Office of BiH and counsel for the accused Aziz Šuša and Tarik Šišić submitted responses to the appeals, while counsel for the accused Muhamed Šišić and Aziz Šuša submitted responses to the Prosecution’s appeal. In their respective responses the parties petitioned that the appeal of the adverse party be dismissed as ill-founded.
At a session of the Appellate Panel held on 21 February 2019, the Prosecutor briefly commented on the contents of the appeal, maintaining the written appeal in its entirety, while defense counsel did the same with respect to their appeals. The accused joined the submissions of their counsel, with a summary of the parties’ responses to the appeals. Pursuant to Article 306 of the CPC BiH, the third-instance of the Appellate Division of the Court of BiH reviewed the impugned judgment within the bounds of the appeals.
