Acting upon the proposal made by the BiH Prosecutor’s Office, on 19 December 2019 the Court of BiH sent to the relevant authorities in Serbia, via BiH Ministry of Justice, a letter rogatory for taking over the criminal prosecution of the accused Branko Basara and Nedeljko Aničić.
On 3 August 2021, the Court received a letter from the BiH Ministry of Justice including the attachments, from which it ensues that the Serbian War Crimes Prosecutor’s Office has taken over the criminal prosecution of the accused Branko Basara and Nedeljko Aničić.
Bearing in mind the fact that the letter rogatory was granted, meaning that Serbia has taken over the criminal prosecution of the accused Branko Basara and Nedeljko Aničić in relation to the offenses they are charged with under the confirmed indictment issued by the BiH Prosecutor’s Office, which have been adjusted to the laws of Serbia by the Indictment issued by the Serbian War Crimes Prosecutor’s Office, the Court finds that the legal grounds under which the accused Branko Basara was ordered into custody no longer exist. He was ordered into custody by Court’s Decision No. S1 1 K 16738 14 Kro dated 21 October 2016, on the grounds set forth in Article 132(1)a) CPC BiH.
The Indictment charges the accused Branko Basara and Nedeljko Aničić with the criminal offenses of Crimes against Humanity and Violations of the Laws or Customs of War.
