Having held a main trial in the criminal case against the accused Samir Kešmer and Mirsad Menzilović, on 5 July 2019, the Court of Bosnia and Herzegovina handed down a second-instance judgment finding the accused Samir Kešmer and Mirsad Menzilović guilty of the criminal offense of War Crimes against the Civilian Population under Article 142(1), in connection 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 Criminal Code of the SFRY.
The accused Samir Kešmer are Mirsad Menzilović were found guilty because, during the war in Bosnia and Herzegovina, and the armed conflict between the Army of BiH and the Army of the Republic of Srpska, in the territory of the city of Sarajevo, as members of the Army BiH, in May 1993, having acted in violation of the rules of international humanitarian law, or the rules of common Article 3 and Articles 27 and 147 of the Geneva Convention on the Protection of Civilians in Time of War of 12 August 1949, by using force and threat to body and life, they committed rape and thus committed the criminal offense of War Crime against the Civilian Population.
The Court sentenced the accused Samir Kešmer and Mirsad Menzilović to imprisonment for a term of 6 (six) years each.
Pursuant to Article 198(2) of the CPC BiH, as read with Article 200 and Article 202 of the Law on Contractual Obligations, the claim under property law filed by the injured party was granted, and the accused Samir Kešmer and Mirsad Menzilović ordered to jointly pay to the injured party, by way of non-material damage compensation, the amount of BAM 30,000.00 within the deadline of 30 (thirty) days after the judgment finality, under the threat of enforced collection.
